Q: What are obligations erga omnes?

A: It refers to the obligation of every state towards the international community as a whole. All states
have legal interest in its compliance. (Vinuya v. Romulo, 2010)

Q: Define jus cogens.

A: Peremptory norm in general international law accepted and recognized by the international
community from which no derogation is permitted. (Vinuya v. Romulo, 2010)

Q: What is the concept of ex aequo et bono.

A: Otherwise known as the doctrine of equity, if both parties to a dispute agree, court can decide a case
applying equity in precedence to all other legal rules. (Art. 38(2), Statute of International Court of Justice)

Q: What is the relationship between international law and national law?

International Law National Law
Law of coordination (consent): regulates relations Law of subordination issued by political superior:
of states and other international persons; Regulates relations of individuals among
themselves or with own states; consists mainly of
statutory enactments, and executive orders and
judicial pronouncements;
Derived principally from treaties, international Redressed through local administrative and judicial
customs, and other international agreements; processes;
Resolved through state to state transactions. (See Breach of which entails individual responsibility
Restatement of the Law, Third, American Law
Institute; Statute of the International Court of Justice,
Art. 38(1))

Q: Distinguish the doctrine of incorporation v. doctrine of transformation.

Incorporation Transformation
International laws adopted as part of state’s It requires that an international law be transformed
municipal law, by a general provision or clause into a domestic law through a constitutional
usually in its Constitution. If choice has to be mechanism such as local legislation, pursuant to
made between internation law and municipal Art. VII, Sec. 21, 1987 Constitution which provides
law, municipal law should be upheld by the that “no treaty or international agreement shall be
municipal or local courts. (Tanada v. Angara, valid an effective unless concurred in by at least
1997) two-thirds (2/3) of all the members of the Senate.”

Q: What are the sources of obligation in international law?

PRIMARY
1. International Conventions, 1. Judicial decisions
establishing rules expressly
recognized by contesting
states.
2. International custom
3. General Principles of Law
recognized by civilized nations
4. Judicial Decisions and
writings of the publicists. (Art.
SECONDARY
2. Teachings of the most
qualified publicists of the
various nations. . (Art. 38,
International Court of Justice)
RULES IN CASE OF CONFLICT
Primary v Primary: Treaties over
customs, customs over general
principles of law.
Primary v. Secondary: Primary
prevails. (Art. 53, Vienna
Convention on the Law of Treaties)

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38, International Court of
Justice)

Q: Who are the subjects of international law?

A:
The State. A group of people, more or less numerous, permanently living in a definite territory, under an
independent government organized for political ends and capable of entering into legal relations with
other states. (CIR v. Antonio Campos Rueda, 1971)
Its elements include:
(1) a permanent population;
(2) a definite territory;
(3) government; and
(4) sovereignty and the capacity to enter into relation with other states. (Art. 1, Montevideo
Convention on the Rights and Duties of States, 26 December 1933)

International Organizations. The status and power of an IG is determined by agreement and not by
general or customary international law. They are considered subjects of international law "if their legal
personality is established by their constituent instrument.” Further, its constituent rights and duties or
capacities and immunities, are limited to those set forth in the treaty creating the international
organization. Thus, legal personality in this context is a relative concept. (Magallona)

Individuals. Individuals may assume the status of subjects of international law only on the basis of
agreement by states and in specific context, not in accordance with general or customary international
law.

Q: Enumerate the agents of diplomatic intercourse.

A:
(1) Head of state;
(2) Foreign secretary or minister;
(3) Members of diplomatic service;
(4) Special diplomatic agents appointed by head of state; and
(5) Envoys ceremonial. (Vienna Convention on Diplomatic Relations)

Q: What are the main functions of diplomatic mission?

A:
(1) Represent the sending State;
(2) Protect the interests of the sending State and its nationals;
(3) Negotiate with the government of the receiving State;
(4) Ascertain conditions and developments in the receiving State and report these to the sending
State;
(5) Promotes friendly relations between the sending State and the receiving State; and
(6) Develop economic, cultural, and scientific relations. (Art. 3, Vienna Convention on Diplomatic
Relations)

Q: What are various diplomatic immunities and privileges?

A:
(1) Inviolability of correspondence/archives and other documents;
(2) Freedom of movement and travel;
(3) Immunity from jurisdiction for acts performed in official capacity;
(4) Consular officer is not immune from criminal jurisdiction of receiving State; and
(5) Exemption from certain taxes and custom duties. (Art. 23-36, Vienna Convention on Diplomatic
Relations)

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A diplomatic agent shall not be liable to any form of arrest or detention. (Art. 29, Vienna Convention on
Diplomatic Relations)

Q: Is diplomatic immunity applicable to W.H.O. officials?

A: Officials of the World Health Organization enjoy diplomatic immunity and this includes exemption
from duties and taxes. Since diplomatic immunity involves a political question, where a plea of
diplomatic immunity is recognized and affirmed by the Executive Department, it is the duty of the court
to accept the claim of immunity. (World Health Organization v. Aquino, 1972)

Diplomatic negotiations are privileged in order to encourage a frank exchange of exploratory ideas
between the parties shielding the negotiations from public view. (Akbayan Citizens Action Party v. Aquino,
2008)

Q: When is immunity not applicable?

A: A diplomatic agent has no immunity in cases of:
(1) A real action relating to private immovable property situated in the territory of the receiving
State, unless he holds it on behalf of the sending State, unless he holds it on behalf of the sending
State for purposes of the mission;
(2) An action relating to succession in which the diplomatic agent is involved as executor,
administrator, heir, or legatee as a private person and not on behalf of the sending State; and
(3) An action relating to any professional or commercial activity exercised by the diplomatic agent in
the receiving State outside his official functions. (Art. 31, Vienna Convention on Diplomatic
Relations)

Q: Define a treaty.
A: It is an international agreement concluded between states in written form and governed by
international law. (Art. 2 (1) (a), Vienna Convention on the Law of Treaties)

Q: Explain the principle of pacta sunt servanda.

A: Treaties must be observed in good faith. (Art. 26, Vienna Convention on the Law of Treaties) A party must
comply with provisions of treaty and cannot ignore or modify the same without the consent of the other
signatory.

Exception: The peremptory norms of international law known as “jus cogens,” which means compelling
law. (Art. 53, Vienna Convention on the Law of Treaties)

Q: Explain the principle of rebus sic stanibus.

A: It justifies the non-performance of treaty obligation if conditions to which parties contracted have
changed materially and unexpectedly as to create a situation in which exaction of performance would be
unreasonable. (Art. 62, Vienna Convention on the Law of Treaties)

Limitations:
(a) Applies only to treaties of indefinite duration;
(b) Vital change claimed as justification for discontinuance of the treaty must be unforeseen or
unforeseeable;
(c) Must not be caused by party invoking the doctrine;
(d) Must be invoked within a reasonable time from occurrence of change asserted; and
(e) Cannot operate retroactively.

Q: Distinguish the power in a treaty from that in an executive agreement.

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A: The authority of the President to enter into an executive agreement is an executive power. An
executive agreement becomes effective without the concurrence of the legislature. (USAFFE Veterans
Association v. The Treasurer of the Philippines, 1959)

The President makes treaties with the advice and consent of the Senate; but he alone negotiates.

Q: Define Nationality.
A: It is the character, status or condition with reference to the rights and duties of a person as a member
of a state or nation rather than another. (Bouvier’s Law Dictionary, 3rd Edition, 1914)

Q: Who is a Stateless Person?

A: A person who is not considered as a national by any state under the operation of law. (1954 Convention
Relating to the Status of Stateless Persons)

Q: What are the consequences of statelessness?

A:
(1) No state can intervene or complain in behalf of a stateless person for an international delinquency
committed by another State in inflicting injury upon him;
(2) He cannot be expelled by the State if he is lawfully in its territory, except on grounds of national
security or public order; and
(3) He cannot avail himself of the protection and benefits of citizenship, like securing for himself a
passport or visa and personal documents. (1995 Bar)

Q: Explain the doctrine of state responsibility.

A: Once a state admits an alien, it becomes its obligation to afford protection to that alien. If the alien
dies/suffers an injury, it may give rise to liability for international tort. (Restatement of the Law, Third,
American Law Institute)

Q: What is the Calvo Clause?

A: A provision in an agreement which requires that aliens are not entitled to claim upon or through its
national state for protection as against the contracting state. (North American Dredging Co. of Texas v.
United Mexican Case)

Q: What is the Territoriality Principle?

A: Crimes committed within a state’s boundaries and persons within the territory are subject to
application of local law.
General Rule: A State may exercise jurisdiction only within its territory.
Exceptions:
(1) Continuing offenses;
(2) Acts prejudicial to the national security;
(3) International crimes;
(4) Offenses covered by special agreement.

Q: Explain the Nationality Principle.

A: A State has jurisdiction over its nationals anywhere in the world.

Q: Explain the Protective Principle.

A: A State has jurisdiction over acts committed abroad deemed prejudicial to its national security and
vital interest.

Q: Explain the Universality Principle.

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A: A State has jurisdiction over offenses considered as universal crimes, such as piracy, war crimes, and
crimes against humanity.

Q: What is the Passive Personality Principle.

A: A State may exercise jurisdiction over an individual for offenses committed abroad which have
affected or will affect its nationals.

Q: What is the rule on treatment of aliens?

A: No state is under obligation to admit aliens. It has the inherent power to determine in what cases and
under what conditions it may admit and expel aliens.

Q: What are the fundamental principles of extradition?

A:
(1) Extradition is based on the consent of the state of the state of asylum as expressed in a treaty or
manifested as an act of goodwill.
(2) Principle of specialty: A fugitive who is extradited may be tried only for the crime specified in
the request for extradition and included in the list of offenses in the extradition treaty. [US v.
Rauscher, 119 U.S. 407 (1886)]
(3) Any person may be extradited, whether he be a national of the requesting state, of the state of
refuge or of another state.
(4) Political and religious offenders are generally not subject to extradition. For the purpose of
extradition, genocide and murder of the head of state or any member of his family are not
political offenses
(5) In the absence of special agreement, the offense must have been committed within the territory or
against the interests of the demanding state.
(6) Rule of double criminality: The act for which extradition is sought must be punishable in both the
requesting and requested states.
(7) Aut dedere aut judicare (means ‘either extradite or prosecute’) is a conventional obligation of
States found in various treaties. A state subject to this obligation is bound to extradite if it does
not prosecute, and prosecute if it does not extradite.

Q: What is the procedure for extradition?

A:
(1) Request for extradition is presented through diplomatic channels to the state of regue with the
necessary papers for identification;
(2) The request is received by the state of regue;
(3) A judicial investigation is conducted by the state of refuge to ascertain if the crime is covered by
the extradition treaty and if there is prima facie case against the fugitive according to its own
laws;
(4) If there is prima facie case, a warrant of surrender will be drawn and the fugitive will be
delivered to the state of origin.

Q: Distinguish deportation from extradition.

A: Deportation is the expulsion of an alien considered undesirable by the State. Extradition is the
surrender of a person wanted for prosecution or punishment wanted for prosecution or punishment,
based on consent, expressed in treaty or manifested as an act of goodwill.

Q: What is the Universal Declaration of Human Rights?

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A: It is the first comprehensive catalogue of human rights proclaimed by an international organization; is
not a treaty and not obligatory. As a resolution, it is merely recommendatory.

Fundamental Rights:
(1) Right to life, liberty, and security of person; and
(2) Right to social security, realization of economic, social and cultural rights indispensable for
dignity development of personality.

Q: What is the International Covenant on Civil and Political Rights?

A: The ICCPR is an international covenant and is binding on the respective state parties. It embodies the
first generation of human rights. The following are obligations of state parties under the ICCPR:
(1) State parties undertake to respect and to ensure to all individuals within their territory the rights
enumerated therein, without distinction of any kind, such as race, color, sex, language, religion,
political or other opinion, national or social origin, birth or other status.
(2) State parties are required to take the necessary steps to adopt legislative or other measures that
are necessary to give effect to the rights recognized in the ICCPR.
(3) State parties must ensure that any person whose rights or freedoms are violated have an effective
remedy, notwithstanding that the violation has been committed by persons action in an official
capacity.
(4) State parties must ensure that any person claiming such remedy shall have his right thereto
determined by competent judicial, administrative or legislative authority, and that they shall
enforce the remedy when granted.

Q: What is the International Covenant on Economic, Social, and Cultural Rights?

A: It embodies the second generation of human rights, although it lists more rights than the UDHR:
(1) Right to health;
(2) Right to strike;
(3) Right to be free from hunger;
(4) Rights to enjoy the benefits of scientific progress;
(5) Freedom for scientific research and creativity.

Under the ICESCR, state parties are required to undertake the necessary steps to the maximum of its
available resources, with a view to achieving progressively the full realization of the rights enumerated in
the covenant by all appropriate means.

Q: What is international humanitarian law?

A: It refers to a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It
protects persons who are not or are no longer participating in the hostilities and restricts the means and
methods of warfare. International humanitarian law is also known as the law of war or the law of armed
conflict.

Q: Distinguish international armed conflict, internal/non-international armed conflict, and war of

national liberation.
Internal/Non-international
International Armed Conflict War of National Liberation
armed conflict
Occurs when one or more Armed conflicts not of an An armed conflict may be of such
states have recourse to armed international character nature in which peoples are fighting
force against another state occurring in the territory of against colonial domination and alien
(Prosecutor v. Tadic, 1990), one of the High Contracting occupation and against racist regimes
regardless of the reasons or the Parties. in the exercise of their right to self-
intensity of this confrontation. determination.
These include armed conflicts

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 in which one or more non-
governmental armed groups
are involved.
IHL Applicable IHL Applicable. This conflict is considered an
international armed conflict under
Common Article 3 applies to Article 1, 3rd and 4th pars., Protocol 1.
“armed conflicts not of an Thus, IHL Applicable
international character
occurring in the territory of
one of the High Contracting
Parties.”

Q: What are the salient feature/s of RA 9851?

A:
(1) Defines and penalize war crimes, genocide, and other crimes against humanity;
(2) Applicability to all individual perpetrators, whether state agents or non-state actors;
(3) Applying certain international criminal law principles of irrelevance of official capacity,
responsibility or superiors, unlawful superior orders, and non-prescription among others;
(4) Instituting a form of universal jurisdiction though qualified;
(5) Providing for international standards for protection of victims and witnesses as well as
reparations to the former;
(6) Express applicability of international law, including specific international treaties;
(7) Providing for the designation of special courts prosecutors and investigators and their effective
training in human rights, international humanitarian law, and international criminal law; and
(8) No requirement of implementing rules and regulations.

Q: What are baselines?

A: It refers to lines from which the territorial sea, the contiguous zone and the exclusive economic zone is
measured. (Art. 5, UNCLOS)

Q: Explain the normal baseline method.

A: Territorial sea is drawn from the low-water mark of the coast, following sinuosities and curvatures,
excluding the internal waters. (Art. 5, UNCLOS)

Q: What is the straight baseline method?

The straight baseline method consists of drawing straight lines connecting appropriate points on the coast
without departing to any appreciable extent from the general direction of the coast, in order to delineate
the internal waters from the territorial waters of an archipelago.

Q: What are straight archipelagic baselines?

A: Straight baselines join the outermost points of the outermost islands and drying reefs of an
archipelago, provided that within such baselines are included the main islands and an area in which the
ratio of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1. Such are called
straight archipelagic baselines.

Q: Define archipelagic waters.

A: Archipelagic waters are the waters enclosed by the straight archipelagic baselines, regardless of their
depth or distance from the coast. (Art 49(1) UNCLOS)

Q: What are archipelagic sea lanes passage?

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A: It is the right of foreign ships and aircraft to have continuous, expeditious and unobstructed passage in
sea lanes and air routes through or over the archipelagic waters and the adjacent territorial sea of the
archipelagic state, “in transit between one part of the high seas or an exclusive economic zone.”

All ships and aircraft are entitled to the right of archipelagic sea lanes passage [Magallona; Article 53(1) in
relation to Article 53(3) UNCLOS]. The archipelagic state designates the sea lanes as proposals to the
“competent international organization.”

Q: Explain the regime of islands.

A: The “regime of islands” as defined by the United Nations Convention of the Law of the Sea in Article
121 are islands that are naturally formed areas of land, surrounded by water, which are above water at
high tide. Furthermore, this principle recognizes that each island has its own territorial sea, contiguous
zone, exclusive economic zone (EEZ) and continental shelf.

Q: Define internal waters.

A: It refers to waters on the landward side of baselines. Here, there is no right of innocent passage. (Art. 8,
UNCLOS)

Q: Define territorial sea.

A: It refers to twelve (12) nautical miles from baseline. State has sovereignty. Ships have “right of
innocent passage”.

It is up to a limit not exceeding twelve (12) nautical miles measured from the baseline Ships of all states,
whether coastal or not for an innocent passage through the territorial sea. (Art. 3, UNCLOS)

Q: What is the Exclusive Economic Zone (EEZ)?

A: It is two hundred (200) nautical miles from baseline. Coastal state has sovereign rights for purposes of
exploring and exploiting, conserving, and managing the natural resources, the seabed and subsoil. (Sec.
18, PD 1599)

The following are the rights of the coastal state in the exclusive economic zone:
(1) Sovereign rights for the purpose of exploring and exploiting, conserving, and managing the
living and non-living resources in the superjacent waters of the seabed and the resources of the
seabed and subsoil;
(2) Sovereign rights with respect to the other activities for the economic exploitation and exploration
of the zone or EEZ, such as production of energy from water, currents and winds;
(3) Jurisdictional right with respect to establishment and use of artificial islands;
(4) Jurisdictional right as to protection and preservation of the marine environment;
(5) Jurisdictional right over marine scientific research;
(6) Other rights and duties provided for in the UN Convention of the Law of the Sea or the
UNCLOS. (Art. 56, UNCLOS)

Q: What is a continental shelf?

A: Under the United Nations Convention on the Law of the Sea (UNCLOS), the continental shelf is that
part of the seabed over which a coastal State exercises sovereign rights with regard to the exploration and
exploitation of natural resources including oil and gas deposits as well as other minerals and biological
resources of the seabed. The legal continental shelf extends out to a distance of 200 nautical miles from its
coast, or further if the shelf naturally extends beyond that limit.

Q: What is an extended continental shelf?

A: Where the continental shelf extends beyond 200 nautical miles a State is required by UNCLOS (Article
76) to make a submission to the Commission on the Limits of the Continental Shelf (CLCS). This

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submission sets out the coordinates of the outer limits of the shelf and is accompanied by technical and
scientific data to support the claim. The Commission assesses the limits and data submitted by the coastal
State and makes recommendations. The outer limits of the continental shelf established by a coastal State
based on these recommendations are final and binding.

Q: Enumerate the different maritime zones and the various rights and obligations under it.
Maritime zone Rights and obligations
Territorial sea A coastal state is entitled to claim a belt of sea adjacent to its coast its
“territorial sea.” This may extend up to 12 miles from the coast, and in this
belt of sea the coastal state may exercise full sovereignty. Foreign vessels are
entitled to innocent passage but this does not apply to overflight.
Contiguous zone Within this zone the coastal state is not sovereign, but it may exercise the
control necessary to prevent and punish infringements of the customs,
fiscal, immigration, and sanitary laws and regulations that apply in
territorial sea. The contiguous zone may extend up to 24 miles from the
coast.
Exclusive economic zone A coastal state may claim a belt of sea up to 200 miles from its coast as its
“EEZ”. In this area the coastal state is entitled to exercise sovereign rights
over the living and non-living resources of the sea, the seabed, and subsoil
of the seabed. Other user states are however entitled to inclusive rights, such
as freedom of navigation and overflight, freedom to lay submarine cables
and pipelines and other internationally lawful uses of the sea related to
those freedoms, such as those associated with the operation of ships, aircraft
and submarine cables and pipelines.
Continental shelf The LOS Convention recognizes the legal right of every coastal state to
control and exploit the natural resources of its continental shelf up to 350
miles from its coast. Other user states enjoy freedom of navigation and
overflight, right to lay submarine cables and pipelines (but consent required
for routing), right to fishing (except sedentary species) and right to marine
scientific research in the water column (but consent required for the sea
bed).

Q: What are the available remedies under the UNCLOS?

Provisions in the UNCLOS
Obligation to settle disputes by peaceful means
States Parties shall settle any dispute between them concerning the
Article 279 - Peaceful interpretation or application of this Convention by peaceful means in
settlement accordance with Article 2, paragraph 3, of the Charter of the United Nations
and, to this end, shall seek a solution by the means indicated in Article 33,
paragraph 1, of the Charter.
Settlement of disputes by any peaceful means chosen by the parties
Article 280 - Voluntary Nothing in this Part impairs the right of any States Parties to agree at any
arbitration time to settle a dispute between them concerning the interpretation or
application of this Convention by any peaceful means of their own choice.

Q: Is the right to innocent passage suspended in territorial waters?

A: NO. Article 42(2) of UNCLOS provides that there shall be no suspension of innocent passage through
straits used for international navigation. The right of the coastal state to suspend the same requires that
the coastal nation must publish the same and without any publication, it cannot insist to suspend the use
of such body of water.

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Q: What is the jurisdiction of the International Tribunal for the Law of the Sea?
A: Its jurisdiction covers all disputes submitted to it in accordance with the UNCLOS. It also includes
matters submitted to it under any other agreement. It is composed of 21 independent members elected
from among persons enjoying the highest reputation for fairness and integrity and of recognized
competence in the field of the law of the sea.

Q: Explain the Precautionary Principle.

A: Under the precautionary principle, where there are potential adverse effects of a technology which
may lead to threats of serious and irreversible damage to the environment that is scientifically plausible
but uncertain, actions shall be taken to avoid or diminish the threat. (International Service for the Acquisition
of Agri-Biotech Applications, Inc. v. Greenpeace Southeast Asia (Philippines), 2015)

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