Public International Law
Bernas + Cruz + Brownlie Reviewer & Atty. Gatdula Notes
JURISDICTION OF STATES
Jurisdiction, in general
• This denotes the authority to affect legal interests.
• According to Brownlie, it refers to particular aspects of the general legal
competence of states often referred to as “sovereignty”.
• Refers to judicial, legislative and administrative competence.
Civil Jurisdiction
• In order to satisfy international law standards in regard to the treatment of
aliens, a state must normally maintain a system of courts empowered to
decide civil cases (Brownlie). However, civil jurisdiction is more properly
a subject for private international law.
Criminal Jurisdicition
• Five principles where jurisdiction may be reckoned:
(1) The territorial / territoriality principle
• This principle states that the fundamental source of
jurisdiction is sovereignty over territory. A state has
absolute power to prescribe adjudicate and enforce rules of
conduct that occurs within its territory (Bernas).
• Often applied is the objective territorial principle
according to which jurisdiction is founded when any
essential constituent element of a crime is consummated on
state territory (Brownlie).
 Example: firing a gun across a frontier
causing homicide on the territory of a
state.
Case Illustration:
The Lotus case
This case originated in a collision on the high seas between a French steamer and a Turkish
collier in which the latter sank and Turkish crew members and passengers lost their lives. The
French steamer having put into port in Turkey, the officers of the watch on board at the time of
the collision were tried and convicted on involuntary manslaughter. France contended that the
flagstate of the vessel alone had jurisdiction, while Turkey argued that the vessels on the high
seas formed part of the territory of the nation whose flag they fly.
Issue: whether Turkey had acted in conflict with international law by instituting proceedings.
Held: Turkey had not acted inconsistently with international law by exercising criminal
jurisdiction. The Turkish penal code provided for punishment of acts abroad by foreigners
against Turkish nationals and involved the protective principle of jurisdiction.
(2) The nationality principle
• Nationality as a mark of allegiance and an aspect of sovereignty
is generally recognized as a basis for jurisdiction of extra-
territorial acts. This principle thus states that every state has
jurisdiction over its nationals even when those nationals are
outside the state territory.
(3) The protective principle
• This principle states that a state may exercise jurisdicition over
conduct outside its territory that threatens its security as long as
the conduct is generally recognized as criminal by states in the
international community.
(4) The universality principle
• This principle recognizes that certain activities, universally
dangerous to states and their subjects require authority in all
community members to punish such acts wherever they may
occur, even absent a link between the state and the parties or
acts in question. This principle started with piracy.
• What is meant by piracy in international law?
Piracy is any illegal act of violence or depredation committed
for private ends on the high seas or outside the territorial control
of any state. It also covers crimes such as genocide, crimes
against humanity, war crimes, aircraft piracy and terrorism, as
provided and defined in the Statute of the ICJ.
(5) The passive personality principle
• According to this principle, aliens may be punished for acts
abroad harmful to nationals of the forum.
What are the legal consequences of a wrongful exercise of jurisdiction?
Answer: In principle, excess jurisdiction gives rise to state responsibility even in the
absence of an intention to harm the other state. Moreover, the state of which the
accused is a national has locus standi in respect of the proceedings which involve a
breach of existing standards protecting human rights.
Extradition
- Definition: the surrender of an individual by the state within whose
territory he is found to the state under whose laws he is alleged to have
committed a crime.
Katrina Hirang-Olave
Kat Aguila
 Public International Law
Bernas + Cruz + Brownlie Reviewer & Atty. Gatdula Notes
- This process results in a co-operation between states to obtain a surrender - Enjoyed by the head of state and the state itself
of suspected or convicted criminals which rests on a procedure of request
and consent and regulated by certain principles.

- However, in the absence of a treaty, surrender of an alleged criminal - Immunity ratione materiae applies to all state officials
cannot be demanded as a matter of right. who have been involved in carrying out official
functions.1
Are there instances where extradition is effected even without a treaty?
- Republic of Indonesia v. Vinzon: Whether the
Republic of Indonesia, represented by Chief of
Yes. There has been a practice of informal extradition. When
Administration, Minister Counsellor Kasim, enjoys
this takes place with the consent of the State from the territory of
immunity in a case concerning a maintenance
which the transfer of custody takes place, there is deemed to be
agreement. Ruling: The Court ruled in favor of
no transgression of international law.
Indonesia, and stated that international law is founded
on principles of reciprocity, comity, independence and
What is the principle of double criminality?
equality of States. The existence alone of a paragraph
Answer: this mandates that the act charged must be criminal under the
in the maintenance agreement allowing for certain
laws of both the state of the refuge and the requesting state. Such a
actions to be tried in a venue does not constitute a
principle is invoked in cases of informal extradition, where some courts
waiver of sovereign immunity from suit.
have abstracted from existing treaties and municipal provisions.
- State immunity: the principle that the state may not
be sued without its consent.
- State immunity may also appear as a doctrine
Nicaragua vs US case:
of inadmissibility or non-justiciability rather
Whether the US was involved in the revolution in Nicaragua to the extent of
providing direct support for the contra forces as well as laying mines in than immunity in a strict sense. In other words,
Nicaraguan ports, among other allegations. The Court, in determining the the national court has no competence to assert
closeness of the relationship between the US government to the contras would jurisdiction.2
be enough to equate their actions with one another, ruled that there was a - Two principles of sovereign immunity:
partial dependency may be inferred but not enough that the US actually (1) par in parem non habet jurisdictionem
exercised a degree of control to justify the contras as acting on its behalf. For - This principle is concerned with the status of
the US to be responsible, it would have to be proved that the State had equality attaching to the independent sovereign:
effective control of the operations during the course of the alleged acts.
legal persons of equal standing cannot have their
disputes settled in the courts of one of them.
- This principle is satisfied if the sovereign states
waives its immunity because consent upholds the
Immunity from jurisdiction status of equality.
(2) non-intervention in internal affairs

- General rule: Jurisdiction of a state within its territory is complete and

absolute. 1
Pinochet Case. The Court in that case said that Pinochet was not acting in
o Exceptions:
any capacity which gives rise to immunity ratione materiae.
(1) Sovereign immunity 2
Brownlie.

Katrina Hirang-Olave
Kat Aguila
 Public International Law
Bernas + Cruz + Brownlie Reviewer & Atty. Gatdula Notes
Act of State Doctrine
(2) Immunity of the representative of states
- Diplomatic immunities
- Official representatives of a state are given immunities
and privileges when they are within the territory of
another state.
- The purpose is to allow them to perform their
functions properly.
- The codification of the law on the subject is found in
the Vienna Convention on Diplomatic Relations
(1961), as discussed below.
The Vienna Convention on Diplomatic Relations
Rights and Priveleges – Some Salient Provisions
Art. 22 – The premises of the mission which are the buildings or parts of
the buildings used for the purpose of the mission is considered as
inviolable. The State has a special duty to protect the premises of the
mission.
Art. 23 – exemption of sending State and head of the mission from all
national, regional or municipal dues and taxes wrt to the premises of the
mission.
Art. 24 – inviolability of the archives and documents of the mission.
Art. 29, 30 – The person of the diplomatic agent as well as his private
residence shall be inviolable, and shall not be liable for any form of arrest
or detention.
Art 31 – The diplomatic agent also enjoys immunity from the criminal
jurisdicyion of the receiving State/
- consular immunities
i. Consuls are not concerned with political
matters but with administrative and
economic issues, such as the issuance of
visas.
ii. The receing State has the duty to protect the
consular premises, archives and interest of
the sending State
 Local courts cannot pass upon the validity of the acts of a
foreign state; Judicial restraint in domestic law in
deference to the executive who is the principal architect of
foreign relations.
 All acts concerning the act of State doctrine concern
political and legislative acts, but never judicial.
 Underhill v. Hernandez:
• Whether Underhill is entitled to damages from
Hernandez based on the latter’s refusal to grant
him a passport to leave the country and on the
assertions that he had been kept in detention by
Hernandez. Ruling: Underhill is not entitled to
damages because of the “act of state doctrine”
Courts of one state will not sit in judgment on
the acts of the government of another, done
within its own territory.
 Dunhill v. Cuba:
• Whether Cuba’s failure to return the
overpayment made by Dunhill on cigars can be
considered as an act of state. Ruling: No, it is not
an act of state. An act of state cannot extend to
include the repudiation of a purely commercial
obligation.
Waiver of Immunity
• Immunity is not mandatory. No fundamental principle
prohibits the exercise of jurisdicition.
• The immunity can be waived by the state concerned either
expressly or by conduct. Waiver may be done by treaty or in
a diplomatic communication.
• Under the State Immunity Act of 1987, immunity is denied
where there is prior written agreement to submit to the
jurisdiction or a written agreement to submit to arbitration.
Katrina Hirang-Olave
Kat Aguila
 Public International Law
Bernas + Cruz + Brownlie Reviewer & Atty. Gatdula Notes
State Responsibility
I. Basis and Nature of State Responsibility
• The nature of state responsibility is not based upon delict in the municipal
sense, and international responsibility relates both to breaches of treaty
and to other breaches of a legal duty.3
• Individuals are generally considered as “objects” and not “subjects” of
international law. Any wrongs committed against them can only be
redressed by states with international personality.
• They possess no international legal rights to assert on their own. However,
individuals may be the subject of state v. state litigation.
• There is a distinction that must be drawn between original and vicarious
state responsibility.4
o Original state responsibility – flows from acts committed by or
with the authorization of the government of a state
o Vicarious state responsibility – flows from unauthorized acts
of the agents of the state.
II. Protection of aliens
• General: As an aspect of sovereignty, no state is obliged to admit aliens
into its territory unless a treaty requires it. However, practically speaking,
it is difficult to deny admission to all. Therefore, what a state does is to
impose legal standards for admission.
 Once an alien is admitted into a state, he/she cannot be
expelled without due process.
• Proper treatment of aliens:
o • In General: When an injury has been inflicted, there is need to
3
Brownlie
4
Kelsen. Principles of International Law, 2nd ed.
• Various forms of ill-treatment: Mistreatment by judicial or police
authorities, unlawful expropriation of property, failure to prosecute those
who attack foreign nationals, or a denial of justice (denial of due process
of the law).
 Diplomatic Protection: Well-developed customary law
which is based on the traditional notion that the individual
is an inappropriate subject of international law and must
 have recourse to his state for protection. Another
applicable theory is that injury to the state national is
injury to the state itself. This keeps individuals at the
mercy of their state, because the latter enjoys discretion as
to whether or not to prosecute the claims of its national.
This doctrine requires the satisfaction of the “effective
national link” between the national and the state.
• Corporations and shareholders: It is the state of nationality of
the corporation who has the right to protect the corporation and
not the state nationality of its shareholders.
 Barcelona Traction Case (Belgium v. Spain): WON
Belgian nationals/shareholders of a company incorporated
in Canada could claim reparation for damages against
Spain when the latter state declared it to be bankrupt. The
Court held that the Belgians lacked legal standing to
exercise diplomatic protection of their shareholdings in
Barcelona Traction, which was incorporated in Canada,
because the breach (if any) was committed against the
corporation and not against the shareholders, and only the
company could protect its own interest. To be different,
the act must be directed against the rights of the
shareholder as such.
III. Doctrine of State Responsibility
determine whether the state can be held responsible for it.
• What is an internationally wrongful act?
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Kat Aguila
 Public International Law
Bernas + Cruz + Brownlie Reviewer & Atty. Gatdula Notes
Answer: If a state violated a customary rule of international law
or a treaty obligation, and the act is attributable to the State under
international law, it has committed an “internationally wrongful act.”
Every internationally wrongful act of a State entails the international
responsibility of that State
 Requisites: The elements of an internationally wrongful
act, the attributability of the wrongful act to the state, and
the enforcement of the obligation that arises from the
wrongful act. The characterization of an act of a State as
internationally wrongful is governed by international law.
 Legal obligations: When a state consents to be part of an
international legal system, it also accepts corresponding
legal obligations. It must accept responsibility for actions

International Human Rights Law

which have effect on other international legal persons. No state can avoid
responsibility when once it has committed an act which satisfies the requirements of
an “internationally wrongful act.”
 An internationally wrongful act consists of a subjective
and an objective element.
• Subjective: The act must be attributable not to
persons or agencies who performed it but to the
state itself.
• Objective: A violation of an international
obligation. It may be either an act or an
omission.
State attribution: Acts of state organs, acts of other persons, or the acts of
revolutionaries.
Acts of State Organs: Any State organ (who is accorded that status according to
internal law) which conducts itself in that capacity, entities empowered by law to
exercise elements of governmental authority even if not considered an organ of the
state, persons or a group of persons acting under the instructions of the State or
carrying out acts of a State in the absence of official authorities, and attribution to
the state of the conduct of organs placed at its disposal by another state, even if they
exceeded authority.
Corfu Channel Case:
The Court in this case held that the passage of two cruisers and two
destroyers, through a part of the North Corfu Channel constituting Albanian
territorial waters was an innocent passage. As to the laying of mines which
damaged the destroyers Saumarez and Volage, the Court looked for
evidence of knowledge on this on the part of Albania. The Court in this case
said that it cannot be concluded from the mere fact of the control exercised
by a State over its territory and waters that the State necessarily knew or
ought to have known of any unlawful act perpetrated therein.
• Definition of human rights: Rights which are inalienable and
fundamental and essential for life as human beings.
o Western tradition developed from the Natural Law view that
some rights are higher than positive/man-made law and flows
from the nature of man himself, which demands immunities or
liberties..
• International Bill of Human Rights
 Emergence of an International Bill of Human Rights: Started
to rise after World War II, because of the recognition that the
way nations treat persons under their jurisdiction has become an
international concern, not just domestic. It is said to do away at
the old concept of sovereignty and recognizes that individuals
can be made the subject of international law, and that they can
find protection and remedies within the international community
against their own state.
 UN Charter: Breaking ground for the development of the new
international human rights law. The Charter set down a
fundamental premise of “faith in fundamental human rights in
the dignity and worth of the human person in the equal rights of
men and women.
 Universal Declaration of Human Rights: First significant
milestone in the internationalization of human rights. It was
adopted by the UN General Assembly on December 10, 1948,
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Kat Aguila
 Public International Law
Bernas + Cruz + Brownlie Reviewer & Atty. Gatdula Notes
not as law but as a “common standard” for nations to attempt to
reach. Its authority is mostly political and moral.
What is the difference between covenant and declaration?
Answer: An international covenant is the meeting of the minds of the contracting
parties on specific duties and obligations they intend to assume, and the agreement
that the undertakings must be effectively performed. It leaves no doubt about the
legal nature of the provisions it contains. A declaration admits the presumption that
something less than full effectiveness in terms of law is intended.
Covenant on Civil and Political Rights
• The Covenant’s provisions on the right to life do not go beyond what the
Philippine Bill of Rights guarantees. However, it does not say when
protected life begins while the Philippines protects the life of the unborn
child from conception.
• There is no right to property in the Covenant, even if there is one in the
Universal Declaration. A respected author states that it would be difficult
to draft a right to property which could gain universal and general
acceptance.
• Some key concepts:
 Torture, Ill-treatment and Prison Conditions: The Covenant
prohibits torture and other forms of ill-treatment that offend
bodily integrity and personal dignity. The UN Human Rights
Commission says that imprisonment in conditions detrimental to
a prisoner’s health constitutes violation of the Covenant.
 Freedom of Movement: The Covenant guarantees the rights to
travel within the country, to leave the country, and to change
one’s residence. These are limited by law, public health, national
security or the rights and freedoms of others, and those
inconsistent with the other rights in the present Covenant.
 Legal Personality, Privacy and Right to Family: Difference
between “legal personality” and “capacity to act.” Legal
personality belongs to all, whether citizens or aliens. Capacity to
act may not be available to some by reason of infancy, minority,
or insanity.
 Thought, Conscience, Religion, Expression, Political Freedom:
The limits on exercise of the aforementioned rights found in the
Covenant are “to protect public safety, order, health, or morals
or the fundamental rights of others.” The Covenant has express
protection of the right of parents in the matter of religion for
their children.
 Associations and Unions: The Covenant has a detailed set of
provisions protecting the right to form associations and unions.
It is silent about the right of government employees to form
unions.
 Minorities: Minorities are accorded the right to enjoy their own
culture, to profess and practice their own religion or to use their
own language. There is no right to secede.
 Self-determination of peoples: Self-determination covers two
important rights:
• The right freely to determine their political status and
freely pursue their economic, social, and cultural
development;
• The right for their own ends, to freely dispose of the natural
wealth and resources without prejudice to any obligations
arising out of international cooperation based upon the
principle of mutual benefit and international law.
 Optional Protocol on the Covenant on Civil and Political
Rights: Supplement to the Covenant on Civil and Political
Rights. The Philippines has ratified the Protocol and it entered
into force in March 1976.
Covenant on Economic, Social and Cultural Rights
Rights guaranteed:
1. To work
2. To favorable conditions of work
3. To form free trade unions
4. To social security and insurance
5. To special assistance for families
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Kat Aguila
 Public International Law
Bernas + Cruz + Brownlie Reviewer & Atty. Gatdula Notes
6. To adequate standard of living
7. To the highest standard of physical and mental health
8. To education including compulsory primary education; and
9. To the enjoyment of cultural and scientific benefits and international contacts.
International Criminal Court
• Significance and Goal:
o The International Criminal Court was created in 1998 by the
Rome Statute. The treaty came into force in April 2002 when the
60th country needed to establish the ICC submitted its
ratification. The US and the Philippines have not ratified it.
• Prior to the establishment of the ICC, international crimes
were prosecuted in ad hoc criminal courts. These tribunals
were undermined and weakened by the charges of
politically motivated investigations and selective justice.
Unlike temporary tribunals, the ICC will be established
without any specific country in mind. Besides being
permanent, it will be neutral. Gradually too, it will be able
to establish precedents. Its goal is individual and not
collective accountability.
• Jurisdiction:
o limited to the most serious international crimes: genocide,
crimes against humanity, war crimes, and the crime of
aggression.
What is the principle of complementarity?
The court is a court of last resort. It must await referral of a crime by a state party
or by the Security Council. The court cannot act when the local judicial system is
able to prosecute. Once a state has taken the initiative to investigate a crime, the ICC
cannot intervene. Because of the principle of complementarity, the effective
functioning of the court will depend very much on the cooperation of state parties.
The crimes over which the ICC has jurisdiction must first be punishable in domestic
law.
Settlement of International Disputes
When does a dispute exist?
A dispute exists when one state claims that another state should behave in a certain
manner and that claim is rejected by the latter.5
International dispute
• An international dispute is an actual disagreement between states
regarding the conduct to be taken by one of them for the protection and
vindication of the interests of the other.
• According to Atty. Gatdula, conflict is the general term denoting some
form of disagreement, while dispute is the areas why the conflict exists.
• In order for there to be a proper dispute, should the dispute be
justiciable?
Answer: YES. The same requisites for the justiciability of an issue in
domestic law applies.
METHODS OF SETTLING DISPUTES
• Remember that: Art 2 of the UN Charter states that disputes are
required to be settled by peaceful means in such a manner that
international peace and security are not endangered.
• However, it is not uncommon for their mutual demands to exacerbate
rather than resolve their dispute, thus leading them to employ less
amicable means.
Two ways of settling disputes:
I. Pacific settlement of disputes
(1) Negotiation
- generally the first step taken in the settlement of
international disputes
- discussion undertaken by the parties themselves about
their respective claims and counterclaims with a view
to their just and orderly adjustment
- Treaties now require that negotiation be undertaken
first before the case is submitted to arbitration
i. Note, however:
If the contract is in bad faith – disregard
negotiation and proceed with the case.
Is it absolutely required that negotiations fail before resorting to other modes?
5
Kelsen.
Katrina Hirang-Olave
Kat Aguila
 Public International Law
Bernas + Cruz + Brownlie Reviewer & Atty. Gatdula Notes
Answer: At least one of the parties should enter negotiations in good faith. If still,
negotiations fail, the case may be proceeded against. There is no need to negotiate
forever. (Atty Gatdula).
(2) Inquiry or fact finding
- an investigation of the points in question on the theory
that their elucidation will contribute to the solution of
the differences.
i. However, findings are not conclusive upon
the disputing states
The Dogger Bank Case:
Russian vessels fired in a fog on the English fishing fleet off Dogger Bank
during the Russo-Japanese War and caused the death of two fishermen, injuries
to others and considerable destruction of property. Russia maintained that the
firing was due to approach of the Japanese torpedo boats. The finding: There
were no torpedo boats present at the time of the incident and as a result, Russia
agreed to pay to Great Britain.
(3) Good offices
- a method by which a third party attempts to bring the
disputing states together in order to enable them to
discuss the issues in contention and arrive at an
agreement.
- Employed when the parties are no longer in speaking
terms.
(4) Mediation
- a third party does not merely provide the opportunity
for the antagonists to negotiate but also actively
participates in their discussions in order to reconcile their
conflicting claims.
- Suggestions of the mediator are merely persuasive
(5) Conciliation
(6) Arbitration
- solution of a dispute by an impartial third party,
usually a tribunal created by the parties themselves
under a charter known as the compromis.
i. The compromis provides for the
composition and manner of selection og its
members.
The WTO Dispute Settlement Body
Arbitration, as a method of settlement of disputes is more clearly shown through the
WTO-DSB. When disputes regarding trade arise between the parties, they agree to the
constitution of a Panel pursuant to the Dispute Settlement Understanding (Art 4). The
Panel then renders a finding, and the adverse party may appeal such a decision to the
Appellate Body. For instance, in the dispute between the European Communities and the
US about the import prohibition imposed upon hormone-treated beef, the case was
submitted for decision. The Panel Report and subsequently, the Appellate Body Report
ruled on the consistency and applicability of certain provisions of the SPS Agreement,
subject to the Terms of Reference of both parties.
(7) Judicial settlement
- decisions are binding
- disputes submitted are legal rather than political
Difference between Judicial Settlement and Arbitration
Judicial settlement Arbitration
The judicial tribunal is a pre-existing Arbitral is an ad hoc body created by the
and permanent body parties to the dispute
Jurisdiction is usually compulsory Voluntary
Law applied is independent of the will Law applied may be limited by the
of the parties parties.
(8) Resort to regional and international organizations
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Kat Aguila
 Public International Law
Bernas + Cruz + Brownlie Reviewer & Atty. Gatdula Notes
- may be resorted to by the parties out of their own
volition or taken by the body itself at its own instance
if allowed by agreement of the members.
- i.e. ASEAN
II. Hostile Methods
(1) Retorsions
- any act taken in retaliation where the acts complained
of do not constitute a legal ground for offense but are
rather in the nature of unfriendly acts.
- Examples: severance of diplomatic or consular
relations, suspension of commercial dealings, boycott,
stoppage of travel, and denunciation of treaties.
(2) Reprisals
- an act of self-help on the part of the injured state,
responding after an unsatisfied demand to an act
contrary to international law on the part of the
offending state.
- Has the effect of suspending momentarily in the
relations between the state the observance of the rule
of international law.
The Naulilaa Incident Arbitration
During WW1, a part of German officials and officers crossed into the neutral
Portugese colony of Angola to discuss the purchase of food supplies from the
Portugese. Due to the misunderstanding caused by language difficulties, an
altercation arose during the discussion. As a result, three of the Germans were killed
and another was interned by the Portugese. When the matter was subsequently
submitted for arbitration, it was held that the death of the Germans in Naulilaa was
not a consequence of acts contrary to international law imputable to either parties but
was purely fortuitous, hence not in the character of a reprisal.
(3) intervention
WAR
I. Definition
• War is defined as an armed contention between the public forces
of states or other belligerent communities implying the
employment of violence among the parties as a means of
enforcing their demands.
i. However, war may exist even without the use of force
as when one states normally refuses to be governed by
the laws of peace in its relations with another state.
II. Outlawry of war
• The Charter of the UN is categorically committed to the
outlawry of war, as evidenced by the Preamble.
• Two instances where the use of force is allowed:
o Exercise of the inherent right of self-defense under
conditions laid down in Art 51
o In pursuance of the so-called enforcement action that
may be decreed by the Security Council under Art 42.
III. Laws of war
• The Declaration of Paris of 1856 – warfare at sea
• The Hague Conventions of 1899 – use of expanding bullets and
asyphynxiating gases
• The Hague Conventions of 1907 – opening of hostilities, et al
• The Geneva Convention of 1925 – use of poisonous gases and
of bacteriological methods of warfare
• The Geneva Convention of 1929 – treatment of the sick and the
wounded and of prisoners of war
• The declaration of London – use of submarines against merchant
vessels
• The Geneva Convention of 1949
• The most commonly accepted sanctions:
i. Protest lodged by one belligerent against the unlawful
acts of other belligerents.
ii. Reparation for damages
iii. Punishment of war criminals.
IV. Commencement of War
• Art I, Hague Convention of 1907: hostilities must not
commence without a previous and explicit warning in the form
of either a reasoned declaration of war or an ultimatum.
o War should commence at the date specified in the
declaration or the date it is communicated to the
enemy.
o However, several wars have broken out even without
notice (i.e. Pear Harbor)
 In such cases, the rule is: war is supposed to
commence from the moment the first act of
force is committed by one state.
V. Effects of the Outbreak of War
• The laws of peace cease to regulate the relations of the
belligerents and are superseded by the laws of war.
• Diplomatic and consular relations between the belligerents are
terminated.
• Treaties of a political nature are automatically cancelled.
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Kat Aguila
 Public International Law
Bernas + Cruz + Brownlie Reviewer & Atty. Gatdula Notes
• Enemy public property found in the territory of the other o Acquiesce in certain restrictions and limitations that
belligerent states at the outbreak of hostilities is subject to the belligerents may find necessary to impose
confiscation. especially in connection with international commerce.
VI. Combatants • The belligerents are bound to respect the status of the neutral
• The following are regarded as combatants: state.
o Members of the armed forces
o Irregular forces such as the guerillas IV. Use of Neutral Territories
o Inhabitants of unoccupied territory • Neutral territory is inviolable and cannot be used by the
belligerents for the movement of troops, etc.
o However, the territory may be used for the passage of
sick and wounded troops.
NEUTRALITY o The neutrality of a state is also not affected by the
mere passage through its territorial waters of warships
or prizes belonging to belligerents.
I. Neutrality, generally. V. Right of Visit and Seacrch
When is a state said to be neutral?
A state is said to be neutral if it does not take part directly or indirectly in a war • Belligerent warships and aircraft have the right to visit and
between other states. search neutral merchant vessels on the high seas for the
purpose of determining whether they are in any way
What is the difference between neutrality and neutralization? connected with the hostilities.
The most significant difference between these two terms is in terms of time. o Such vessels, if found to be connected with the
Neutrality obtains only during war while neutralization is intended to operate in hostilities may be captured as prize.
time of peace as well as in times of war. Neutrality is dependent solely on the VI. Contraband
attitude of the neutral state, while neutralization is the result of a treaty. • The term applied to goods which although neutral property may
be seized by a belligerent because they are useful for war and
are bound for a hostile destination.
i. Absolute contraband
- necessarily useful for war in ALL circumstances i.e.
riffles and ammunition
- subject to seizure as long as they are bound for enemy
II. Laws of neutrality or enemy-held territory.
The most important laws of neutrality are found in: ii. Conditional contraband
• customary law of nations - has both civilian and military purposes i.e. food and
clothes
• conventions: - may only be seized when it can be shown that they are
i. Declaration of Paris of 1856 destined for the armed forces or the authorities of the
ii. Hague Convention of 1907 belligerent government.
iii. Declaration of London 1909 (unratified) -
III. Relations of belligerent states and neutral states What is the doctrine of ultimate consumption?
• A neutral state has the right and duty to: Answer: goods intended for civilian use which may ultimately find their way to and
o abstain from taking part in the hostilities and from be consumed by the belligerent forces are also liable to seizure on the way.
giving assistance to either belligerent VII. Termination of Neutrality
o Prevent its territory from being used in the conduct of (a) when the neutral state itself joins
hostilities by the belligerents the war

Katrina Hirang-Olave
Kat Aguila
 Public International Law
Bernas + Cruz + Brownlie Reviewer & Atty. Gatdula Notes
(b) upon the conclusion of peace
International Environmental Law
I. Environmental concerns
- Expressions of environmental concern in the Philippine Constitution:
Article II, Section 16, which states that “the State shall protect and advance the right
of the people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.”
• Environmental concerns: Not just limited to atmosphere, land,
sea, flora and fauna but also includes the preservation of the
cultural heritage of mankind as found in archaeological and
artistic remains. The goal of environmental protectionists is the
rational use of the elements which make up the environment
through control, reduction and elimination of the causes of
environmental degradation.
II. Environmental rights
• The real objects of protection are persons capable of having
rights, so trees and other inanimate objects cannot be said to
have any rights except in the metaphorical sense..
III. Sustainable Development
• Encourages development in a manner and according to methods
which do not compromise the ability of future generation and
other states to meet their needs. According to Justice Douglas, it
is the recognition that the voice of the inanimate object and the
existing beneficiaries of environmental wonders not be stilled.
IV. Emerging Principles
Stockholm Declaration (Summary): Man has the fundamental right to freedom,
equality, and adequate conditions of life, and has a responsibility to protect and improve
the environment for present and future generations. It is for the benefit of future and
present generations. Earth’s capacity to sustain life must be maintained, in addition to the
preservation of wildlife and their habitats, of current environmental resources and the
prevention of discharge of toxic substances or fumes and pollution.
Rio Declaration (Summary): Human beings are at the center of concerns for sustainable
development. While there is a recognition of their sovereign right to exploit their own
resources, they have the responsibility to ensure that activities within their jurisdiction do
not cause damage to the environment of other States. The right to development must be
fulfilled to meet developmental and environmental needs.
INTERNATIONAL ECONOMIC LAW
I. International Economic Law
 Definitions: Distinct part of international law which is related to
the regulation of interstate trade, the creation of international
economic institutions, the formulation of definite rules covering
a wide range of economic matters and the establishment of
methods of dispute resolution.
 90% of international law is economic because it includes all the
international law and international agreements governing
economic transactions that cross state boundaries that have
implications for more than one state, like those governing
movement of goods, funds, persons, intangibles, technology,
vessels and aircrafts.
 Characteristics of International Economic Law:
• 1. International economic law is a part of public
international law
• 2. International economic law is entwined with
municipal law and is balanced accordingly with it.
• 3. International economic law requires
multidisciplinary thinking because it involves many
other disciplines such as history, political science,
anthropology, geography, et cetera.
• 4. Empirical research is important for understanding
its operation.
 Important economic institutions:
• Bretton Woods Conference of 1944: Objectives were
to advance the reduction of tariffs and other trade
barriers, and to create a global framework designed to
minimize economic conflicts.
• International Monetary Fund (IMF): To provide short-
term financing to countries in balance of payments and
difficulties
Katrina Hirang-Olave
Kat Aguila
 Public International Law
Bernas + Cruz + Brownlie Reviewer & Atty. Gatdula Notes
• International Bank for Reconstruction and abuse of discretion in its implementation. The Court
Development (World Bank): To provide long-term ruled that it was not going to be detrimental because of
capital to support growth and development the exceptions it provides to developing nations
• International Trade Organization (ITO): Intended to because of its view towards raising standards of living
promote a liberal trading system by proscribing certain and optimal use of world resources for sustainable
protectionist trade rules. development, and lets the developing countries have a
share in economic trade through reciprocal or mutual
 General Agreement on Tariff and Trade
advantages. For example, the WTO gives developing
(GATT)  World Trade Organization countries a more lenient treatment by aiding and
(WTO) – These are the two most important protecting their domestic industries.
trade-oriented institutions because they
shape import and export laws which impact
international trade and services.  Dispute resolution: A Dispute Settlement Body (DSB) is
established by the WTO Agreement. Each state has a right to the
 Key principles of International Trade Law: establishment of a Panel. The DSU provides for a permanent
appellate body, consisting of persons with recognized expertise
• Agreed tariff levels: Each state agrees not to raise in law to handle appeals from a Panel decision.
tariff levels above those contained in the schedule.
The schedule is open to renegotiation.  Expanded scope: IEL now includes intellectual property,
services, sanitary and physiosanitary measures and investment,
• Most favored nation clause/principle: Embodies the as well as strengthening of the rules on subsidies, countervailing
principle of non-discrimination. Any special treatment duties and anti-dumping. It has become a very specialized field
given to a product from one trading partner must be and it is now affecting the sovereignty of states and their
made available for like products originating from capacity to give force to national objectives.
other contracting partners. AKA tariff concessions.
• Principle of national treatment: This prohibits
discrimination between domestic producers and
foreign producers. Once foreign producers have paid
border charges, no additional burdens may be
imposed.
• Principle of tariffication: Prohibits the use of quotas
on imports or exports and the use of licenses on
importation or exportation. Prevents the imposition of
non-tariff barriers.
 Exceptions to Key Principles:
• General: Public morals, public health, currency
protection, products of prison labor, national treasures
of value and protection of exhaustible natural
resources.
• Specific: Security and regional trade exceptions, such
as exception for developing nations.
• Tanada v. Angara: WON the GATT is going to be
detrimental to local industries and constitutes grave

Katrina Hirang-Olave
Kat Aguila