Ban Weds College of Law Faia Ve en Law that deals wit the conduct of States and International organizatior-s, their relations with ach other and, in certain circumstances, their relations “with "persons, natural or juridical (American Third Restatement) BASIS OF INTERNATIONAL LAW 1, Law of Nuture School ~ based on rules of conduct discoverable by every individual in is own conscience and through applicution of right reasons, 2, Positivist School ~ agreement of sovereign states to bu bound by It (express in conventional law, implied in customary law, ‘and presuned in ganaral principles) 3, Eclectic or Groatiah School: a conipramise betwean the lirst two schools and submits that iniernational law is binding partly because itis good and right and partly Decause states agreed to be bound by FUNCTIONS OF INTERNATIONAL LAW 4, promote intornational peace and seciity; 2. foster friendly relations among nations ard viscourage use of force in the resvivtion ol ilrerence among them: 3, provide 10° orgerly regulation of conduct of slales in their mutual dealings, and 4, envure International eooperation in pursit af certain common purposes of economic, social, cullural or humanitarian. character. Low. of enordination | (consent) Caw of subordinasior (issued Ly poillert states und other international yersons Individuals. anny themselves. or wil | Teo ive comin {a kr eran, KAN CANO} Nes HO we Wr SAGA thon ae AOS RRA DU ATTA et Low, RAK Hsia wt eo pe a a i io ea pimelpaty [Conaisie mainly “6 ‘sowed thn wale Sla'e transactions Redressed thru 16 administrative and | judicial processes ‘Sreach ol whict y because | eniails —_indivicual ‘it atlaches directly to | responsibilty [hg tle and not ts DCRTRINE OF INCORPORATION’ ~ international laws are adopted as part of 2 stato's ‘municipal law, by @ general provision or clause usually in its Consttation (Sec, 2, Art. t, 1967 Constitution). ‘+ Miitary Gommisgon created ty EO No. 68 has jurisdiction, i ber of the Japaias ilations of Wie Haouyi ‘on the Lavg sie cat came iu anes fw a a pvc lees aE Tio AIAN) INGA ena Bw— fan Beds Sollee ot Lays and just eg pneta sunt servinc 7 Subsidiary a, jucicia! decisions b, wntings of publicists ~ inust be fait and undiesed represertation on internationai law by acknowledyed authorities in the fiows ©. advisory opinions of Gu les in Caso of Confilct batwesn Sources 1. Primary v. Secondary Primary sources provat Both Primary Althor gh Article 38 is silent on the questions whether the thene primary source: have the same Nerarchle valuo, by practice, treaties take precedence cvericustoms, and custom's, over general principles of taw, excep! Jur eogons, Entily that has rights and responsibilties under nai faw and having tha capacity tc maintain its rights by. bringing international claims, Includes: States; Ccionins and cependenctes; Mandates and trust terttories: Beliigarent communities; International administrative bouiles: and ‘The United Nations ‘The Vatican and Lie Moly See: Individuals, to @ 1 a 4 5 @ 7 8 cently that he® rights | and” responsibiities under that iaw ACH ‘personfhing sn respect of which “righ are held and obligations assumed bythe subject nat drécly governed by the rules of International law hae ‘Tersatioral personality thal it ean directly assed rights and can be held responsible under the lay of nations itcan” be a proper party In transactions involving the application of the lew of nations among members of Internation. commuritios. Tis Fighits ara’ received and its rosponsibities Lnposed — Inairectly throsgh the Insirumestatty of “an 'ntermediate agency i h i) MEMORY AID IN POLE y,.AWe| 109 SATE ~ a group of Heop'e, tives together in a “rag cermitory. orgaezed ter eels 3! hey Under en dependent gevérnmert. are eapasie. of Centering into ;intemnaticnal relations with othar slater, \ Elomonts: (PeTar Gosu) + Prope 2. Yurntory é 3. Governmon | 4 Independence or sovereignty Cther sugrosted elements: 5. civiization | & recognition Slansitieations: 1 Independent a, Simple b Composite i. Roal Union ~ two or more states merged undar 6 unifind authority 80. that thdy form a slaylo international person throygh which they act et one tity 4, Feceral Union = combination of two or more states resulting in tho urentian of @ new. nizto with: full International porsonallty 2. Dependent PRINCIPLE OF STATE CONTINUITY ~ the Stale continues” a8 a jurnie being nctwithstending hinges in its olfcumilances provided only thal such changes do not fesuil in the lose of any of ia esnental element COLONIES AND CEFENDENGIES - from the viewpoint of international law, they" are. considered as part and parca! of the parent slate, hough . rag) ,celations are 05120 }2000 CENTRALIZED BAP OPERATIONS Dependency ~ a tointory distinct from the country which the sunreme sovereign power Feuldes but belungs rightfully ty , and subject to tha luyis. und regulations whieh the sovoreigan muy prescriba, MANDATES AND TRUST TERRITORIES - these are_nonselt-governing tetriorles which nave been placed under international supervision, to Insure their yolitical, conomie, Fuciel and educational advancement RELLIGERENT COMMUNITY - group of rebels under an organized civil government who have laken up arms against the legitimate government. When recognized, considerad as @ soparale siale for purposes of contlicl and eniilled (0. all tha Fights anc subjected to alt tha ooligations of a ful pledged belig?rert undor the laws of war, INTERNATIONAL ADMINISTRATIVE BODIES ~ certain administrative bodies created by agreoment among states may be vested with international personality when two conditions ‘concur: 1. thelr purposes are mainy non-political; 2, they are aufonomiqus and not subject to the control of any state, 4g. International Labor Organization (ILO), Food and /griculture Organization (FAQ), ‘World Healt’: Organization (WI1O) UNITED NATIONS - intemational organization created al San Francisco Gurference held it. tha US from Apr 7 to June 26, IS48, UN. succeeded she League of Nations and is governed by a charter that came into farce on October 24,1045, Officlal languages of the UN; (FRESCA) 1. French Russian English Spanish Ghinese Arabic Principal Purposes of UN 1. Maintain international peace and secur 2. Develop trigndly rolations among natin: 3. Achlove infoumtional cooperation: and 4, Genter for harmoniaing uations of nations for ‘akong oF nase caiman goats, Fundamental Preveipiay @f UN +The organization 15 ‘based on the sover equally of| +All mesnbe 6, in order fo Insure to all ol (hear the nights iad) banelils resulting irom Tis Gane Sun Beda College of Law membership, shall fufl in good faith the onligatious ‘assured by them in accordance with the Charter, + All rombers shal settio their International aisputes by peaceful means In such riaener {hat international peace and securly, and justivg, are not endangared. + Ai meinburs shail refrain in thew international relations from the treat or use of force against the terfitoria! integrity or political indevendenca of any staie, o¢ in ary evanner Inconsistent with the purpasos of the UN +, Occasions when use of armed forces 's allowed by UN Charter 4, “Mainiain of restore intarnalionat yeace 3: Security through demonstrations, blockade and otter aporelions by air, sca or land forc2s by UN members 2. Inherent right to collective sell’ delense if an wwrmed allack occurs against © member slate Unt! Socunty Counc) has taken neasures Necessary to maintain international poace ‘ana security (1988 Bar) + All @smbers shall give the Ui) every assistance in any action it takes 1a accurdance with the Charter, and shall refrain rom giving assistance to any siale against which the UN. is taking preventive or enforcement ection, + The organveation chal insure that states whieh ‘are not _membars of the UN shall act in accordance with these principles so far as may be necessary for the maintenance of intuinationat peace and securly + Nothing an oy i present Charter shalt ‘auther Se ngeters arin SSE jaa f@ the memt my os ti ena ee “Uifesicaterogas NOMESiIC y | eh ea a oe A frei: wheres ah fay; OFiFo a threat to acu nated e paseo mse 2. pre toa Ucn,San Webs College of Haw THE UN CHARTER: technically a treuty which parties must respect vundar the doctrine of pacla suni sarvendla consists of 144 arlcles desides the Preamble anc’ concluding provisions Ameniment: 1 2 eng By 2/3 vote of thé members of the General Assembly and calfied in accordance with their respective conslilutional processes by 2/9 members of he Uniled Naliors, including all permanent members of the Secusty Council ‘A general canforence called by # mo,onty voto of Gonaral Aysembly end any pine. members of Security Council riay propose amendments, following the fret procedure allfcations of mambors(SPAC): must be a stat must be peace loving: must accept ob!'gations of member-siates contained In tha Charter, and must tno able and willing to gurry out sich i ton, Admission and Suspension of Momtors Admission: 213 of those presaint snc voting in GA upon favorable tacornme wintion nf at least members of Secunty Gounci ineiieliig permanent members, : + Suspension: same vole an required as i ‘admission; may be ied alone by Security Councit also by qualified majority vote effect’ of suspension: . provanted from participating in muchas ofthe GA b. provented from being elected! to uF continuing to serve In the SG, econo and Social Council or ieusicestip Souneit nationals of suspande_member may continue serving the secretarict and ICU a8 they aro royardod as Intoinational officiass or elvl sorvants acting for the ‘Organization itsell Expulsion of Mombors Persistently vioinled principles; may be expelled by 2/9 of those prosant and voling 1 the GA upon recommendation nf the SG by a qualified “majority vote to provide for a stvongor penalty thun mero suspension against a member. MEMORY 00 IN POLTICALLAW Itt Withdrawal of Msinbore The! LUN. was rovealed to be unable to maintain peace or could. eo 80 only at the expense of law and justice. 44, Mombors! ¢ghts snd ohligations 98 such ‘were changed by a chittce amendment in which had not concurred or whic’ it {nds ise Unablo to accent, b:'Atnendmon! duly” accepted by the fnoceseaty fanjority ahr Inthe GA or in a guneral,conference is aot rated, PRINCIPAL ORGANS OF THE UNITED NATIONS : 4. General Assernbly ~ central organ where all members a7 represented HE, Shakkha Haya Rashed Al Khalkn — (Kingdom of Aebrain) is the President of the 61s! sesaken, Functions of the General Aseembly: (SADE) a, Supe,visory ~ receives and considers Toporis fron. other orqans of the United Nations, * b, Budgetary - conteaty the fnanees of the United Nations. © Constituent participates in the ainandme of the UN Charter, 4. Voliberativy = uiscussos " princlph arding mantonarze of International peace and security, 7 © Elective > clects non-permanent members 6! the Socurty Coun, some Tmombars 0! th Trustcaship Coun! and the IF sonamie and Social Voting Procectire © Each meinpor of thy General Assombly shall have dre vote age HohS NB Saeh wll arene Me" imetpiymen) of is. finial santana te SEA Hi fhe Mnf angus) Bi ng .ahall be ¥, me minjorily “of the member present aa voring. T Tr13212909 CENTRALIZED BAR CPERATIONS taporiant questions that require wo-tinre’s majority vote of the members: 4% recommendations with respect ty tho mainionane of international peuce and securly, b. eloction of non-petmanent members of the Security Couns &. eleclion of mambers of the Ecqnamic and Saciat Ccuncil; 4. ection of mémbers of the Trusteeship Couneil, admission of new members to the United Nations, suspension of the rights and prhileges of mambershiy, 9. expulsion of members; |i. questions relating to the operation of the wusteasniip system, be budgetary qucstions, 2. Swcurity. Gouneil ~ organ responsible for tre maintenance" o' peace and security; undertakes preventive and enforecment fictions, Momborship 4, Permanent Memburs (GUFRU) China, Unted Kingdom, Erance, usta, iin Unies Statas of America 8. Non-pormanent Mambers 5~ (com Alrican and Asian Sietes 2~ from Latin Amencan States 2 = from Wastain European and otter sates 4 ~ rom Eastern European States Voting Procedure, YALTA FORMULA ~ each membar shall have 1 vote bul distinction is made between the Og 8 and the non-permanent members in dhe Fasolution of substantive questions, + Procedural wnutters are to be decided by the affimetive vote of any 9 or more members (qunstions—egarding organization and meetings of | SC, eslab'ishmont of subsidiary organs and Pariicipation ot states parias to a disoule {nthe discussions of the organ}, + Decision on noneprocadurat matterr (require iS" under “ts responsiblity of maintaining oF rastaning warid peace, ti invoke measures of \enforcament and unlike in GA, characlenzation of 3 {quastion Is considered non- precedurat in SC) requires the concurrence of also at least 9 orenibers but Including all permanent members, WT 3 SflitocolV ABA REM on bs Han Meds College of Law + No member, permanunt of net, is aliowed {9 vole on question concerning the pacific soltlement of @ cispute to. which it is Durty + Formula-to enswe unity of permanent mambera In the meusures to be taken in the pursuit of its primary function of aiaintaining Intemational - peace and security Economic and Social Council - exer's ellos towards higher standards of living, Solutions of international economie, social, ‘seul “and related problems, —niversal eeapecl for and observance of human rights and tundemenial freedoms. Trusteeship Gounsit = organ enargod with ‘ho Adninistration cf the International wusteeship System (icle council) Iturtational Court of Justice ~ judicial organ of UN; World Court governed by tho Malate Whivi 8 Aunexud to and end pian of the UN Charter; Monbership +15 mombers, Ho two of whom may be ‘iauonals of tha sama stat. + Elected lor ning “8) years and may be re- Glocted Jurisdiction 2.interpretation of treat b. question of interniaticnal lav; 6 omstunce of fact constituting a preach of ifarnational obiigation; <.niture oF extent of the reparation to be made for the breach of an international aN td, LE CHES CHE L BE SXiony sateomayiyeshan Meda College of Law “memory ilo iv pélaticat www a3 aca ay “Memonyso ined Liaw) 113 THE VATICAN AND THE HOLY SEE + Inasmuch as the Pope prefers to conduat foreign relations ard enter into transactions as the Holy See and not in tho namo of the Vatican City, one can conclude thi in tia Pope's own view, It is the: Holy See thal is the Intemational person Holy Soo v Rosario, GR, No.. 194948, Decembar 1, 1984). + The Republic of the Phippines Aecorded the Holy See the sinus of a foreign sovereign. The Holy See, ‘nrough ile Ambassidor, the Papal Nuncio, hae had Gplomatic “reprorentations with the Philippine governmant since 1957 (Rollo, 9 8”). This appears fo be the universal Bractica in international ratations. (Hely Soe ve Rosie, GR. No. 104049 Domnmber 1, 4994) 2 Woes 1" ls an act by Which @ stzto. aeknowledeos the existonce “of another into, governmon ne Deligerest communiy’ and “indoes ae wtingness to deal withthe antty gh sus under {he res of ternational a THEORIES ON RECOGNITION 1. Declaratory (majority view) ~ merely uliems an existing fact like the possession by the Stale o! the esscntal eloments. Discrotionary ‘and politcal, Constitutive (minority view) «itis the ost of recognilion that constitutes the entity into 1 inlernaticnal person. Compulsory ard eg.) may be competed once the elements ef ‘slate are established fasic RULES 4 Wis @ poltical act ant mainly a inatier of Policy on tne pact of each state {is iscretionnry on “thu part of the fecegnizing authority: and At is exciciscd bf the poltieal (exceutve) dopartmont of the stato, LEGAL FUNCTIONS OF RECOGNITION 3. Determination of slatehood a question of law, 2. Act 8 a condition of the estabil + formal optional wn.! bilateral relations jale) NOT vest Tio to of | properties of viele Properties government abroad tiie brings “about “ni Tinted” "Tagore ipromatic relations } | juridical rotations —~ ——4t — Requisites for reccghition do jure: 1. Government is stable and effective; 2, No substantia! rarlstance to its author 3. The government must show wilingnesa and billy “Sto dissharge its Intemational obiigations; and 4. The government must onjéy’ papular consent oF approval of the people, * absence of one means recognition de facto ORJECTH OF RECOGNITION 1. Stale ~ generally held to be irrevocable and Imports the recognition ofits government, 2 Government ~ may be withdrawn ard does fol necassarily signily the existence of Slate, 98 the government may be {hat of & rote colony, Conditions for Recognition of tow Government: 1. Government must bo eff sctive and stable (objective tos): 2. Government mist show willingness tnd abiity to discharge international Obligations (sutjoctive tem") Effects of Rocognition of + state or Government: 2. Diplomatic setae; 1b. Right sue ih) courts 6 recognizing stale, | & Richt 10 possnsion of properten: of brsdecessor ot the recognizing stole JA agt,of tho -rocognizoitstaie. or aay ia AGRI pAtoc eorsnctyely, previ ding Her tecbgnlcion state fon j_passinn pon tk fen in ag buts, ALL Of Bute Dager nny Re Gees tegen) ae RY i : Pye eee Re gon Eon of Shor B tate eof eferocbtin bear pomupney Re al sa a ~ JSpbtis oe High sont ony in ti cps are je ee fee BEE bation or Bullige: iG a. omanizefat agian:114 |2009 CENTRALIZED GAR OPERATIONS. b. repels vecupy a gudstantial portion of territory; 7 &, gonfict’ is” serloiis. and outcome is Uncertain; 4d. rabals are ying to observe the lavis of war, + absence of one means stete of Insurgency Effects of Recognition af Bolligerency: 8, Respouisivily for acts of rebels resulting {0 injury 19 nationals of recognizing state shall bo suiftod to rebel government: b, The fegitinale governinent. recognizing the rabels as balligoronis shall observe lows or vusinma of war in conducting hostitigs:, ©. Third istutas recognizing - beligurency should maintain neutral * Rocoguition ts only’ provisional ane: enily {for purposes of hostitias, MAJOR DOCTRINES IN RECOGNITION Wilson/Tobar Doctrine + proctudes recagniior of government established by revolution, civil war, coun otal or other forms of interme} violence unti the freely elected representatives of the people nave organized a constitutional government (Ecvadorian Foreign Minister Tahar and US Pres. Woodrow Wilson). Keluon Voctrina a stato violates Internalonal Law and thus iniunges upon ihe righls of ether slates ii it rucognives as a stale a commurlly which does rot (ulfll the requitemenis ol International Lav: Bolancourt Voctrine ~ came as ¢ rellection of Venezucien President “Romulo Betancourt's antipathy for non-demacratic rule, which denied Ciplomiatic recognition to any regime, right or let, ‘which came to power by military force. Lauterpacht Doctrine ~ recogrition of an nity which is not legally a state is wrong because it constitutes in abuse of the pawer of recognilion. Ht acknowledges as an independent state a community wevel °s notin law, Indepersient und Which docs not therefore fulfil the essential conditions of statehood. tt Is, accordingly, a Fecognition ively ay wnteenabenal tribunat youl declare not oniy to consults a wrong. bul Frobably also to be in eel invalid. sey sun Doctrine ~ prusiudis recogniban of any ished as a rosult of e¥ternal Sec of Slate Henry Lewis govarament si Aggression (U! Stimson) Har Beda College of Yaw Estrarla Dostrino ~ dealing or not dealing wit io government established through a political ‘upheuval is not @ judgmant on tho logitimacy of tha sald governinent (Maxlean Minister Genaro Estrada), ° RIGHT TQ CXISTENC AND SELF DEFENSE + most comprehensive us all other rights of slate flow from i + stale inay take measures includiay the use of foi? as may be nocessary to counteract any danger te ite exlatenco, AGGRESSION ~ the use of armed farce by a Stale aginst the sovereignty, tarntorial itogrty (F polici! Independence of smother State, oF in any othipr mariner incon stent with the Charter of the United Mations, as vet out in this deiintion. (Ar. t, UN Genaral Aysambly Resolution 3344) . Acts of Aggrousion 1. evasion or allack of a stale 2. bombardment of state 3, blockuse of ports oF consts 4. we of armed forces within a contravention to any agreement action of stale in allowing its teritory for an act of aggression against a thid state 6. sending of wimed groups or mercenaries which carry an act of armed force against ‘anothe- state stato in Poquisites for Proper Exercise of Right of Solf-defunse: (ASA) i armed aitack 2. ge't-delensive action taken by the attacked ae to he 3H “ANY suen ete shal nee y ated Egrgit of teeta Souhel to lokay play scr “aaa er coilshivatsa batons o muons pao al eafetonss Ves 4 Roles at end i etiiting tn exercise gine, actionagitt deegga geceas ie 10 the eak@wicn.of agitate ie) 1 SGapegtion a Prsliectwve, cas of callecive sell aafetie in ina absence of allcetiv. eS? guise oe i Berar t meas sellsigtensezraaintal nee eine ingivabg Tes nation ics atesBaa Veda College of Law MEMORY AID IN POLIT CALIAW) 145, reaest by the State wich Is a: victim of an ateges atiack (Nicaragun v. United ‘Stine 1986 1G.) Rep) * mayto justified provided that no acfish nige Sentral aggrandizement or alier gut te corteraplated, eet enpeoe SOVEREIGNTY AND INDEPENDENCE Sovereignty ~ totelty: of the powers, togal competence, and Shama international law, and not depuntont on the consent of ant independence ~ means freedom trom contre! by pike slate of group of slates and nol Neco {fom the restrictions that are binding on a! slag mean the ‘amiy of nations; canes, wit « by MreetsarY Implication the correlative duly o° no, intervention Intervention ~ an act by which a stale intedores Min the domestic or foreign attars ot meres Rite trough the employment ef force er bareat af fice whieh may be physleal, ‘pottes gt economie * Nothing contained tn the present cl.ater shall aulhorize the United Nations (0 inte~ane in Gatlers which are easentiaty witin “the domestic jurisdiction of any sla’ or sho Fequire the mesnbers {© submit such matters {0 Setllement uncer the present charter, fa this Principle shall not projudicn ts application of anforcemant incasures under chapter 7 (Art, 2 par, 7 of tho (IN Charter} Finan Intervention Is Sunetionnd: (DAR) 1. 88 an act of seif-dofenso: 2 when gecraod by the Sacurily Cauncll oy n Proventive oF onfarcemant action tnt the malntenanco of international peace gn security, fier such action te agréed upon in a trenty; or ‘4. when requested from fellow states or trom the United Nations by the partis to 0 dispute ono stato beset by rebetion, Drago Doctring ~ intervention not allowed for the Purpose of making a slate pay its public veble RIGHT OF EQUALITY : Every stata i ened to {he stime protection ind respect as are avahcets 1aqciner slates urider the ries of Intomators fae y Azt of Stato Dostrina: A stato shoukt not inquire into the legal valisyot the pubic nels or ance slata done within thé teritory ofthe itis Roc ee puroase, eansiderstons such se meine, OS ‘mmateriat i Sr antine Of Stato tiimunity: As a consequence ahs Independence, tersievial susremacy. aed equally, & stale enjoys immoniniy tore. the {unicice Of Juris siction (legisialve, executive ee judicial) by another state, unioss it has viven Soper. Waived is. Immunity, or voluatary submitted 10 the jurisdiction of the eau, concemed, Proprictary acts, Tho stato Is deeriét to have waived its immunity: ‘when it gwer ecnsent at the tine the proceeding is institueg: 2 when if takes stops relating to tne merits of the e280 hefore invohing immusty, * whon by teealy er sontact 4 had praviously given consent; “when by law-or eegiation In force at the tne Complaint arose has Ingicatoe thot It wil ‘ongent {othe institution of thy preceecings, RIGHT TO TERRITORIAL INTEGRITY AND JURISDICT.ON Cor nents of ths Tatts “sh reste ana ee J eRe Obed, Satay sere:136 12009 cHYITMLZED BAR OPERATIONS “oe by 9, 4, A = Sia In Internallanal lav however, tnero is A. administration, “inchoate tite of discovery ~ Is acquired by ‘tho claimant state pending compliance with the “ socond requirement. which is ‘administration; Performs. tne ‘tunclion of Bardng ether slates from ‘entering te teory. unt the “Tap, 9 wla,pariod within whieh the “Biscovering ciate: may ‘establsh a seltiement thereon and commence 10 aaiini sett ..igy eitnrye Pieseri.tion Gonnucus and ‘unnlertupted. posession {0¥¢¢, 8, 1ong period of time no le of thumb as, taithe tength of time iad for acquisition of lerrliory thradgh Prescription, Grotivs “Dedkine jo Inimemevioi Rreserpten: Unnteruptee possession ¥'golng beyond memory i Gassion (by treaty) errtory is transferred. trom. 1 state “to tunother by ugreemant between them (sale, donation, —_barterfoxchange anc: testamentary disgosiilon), Subjugation having Devin previously conquared_or ‘cozupie in ha course of war ofthe enemy. {s formaly annexed to It at the end of the ‘wut, Conquosts alone inchoate right since iv tie formal uct uf annexation that ‘completes acquisition (NOTE: This mode of acquisition is no longer fecognzea wasmuch: ax tha UN Chatter prohibits resort to threat-or use of force against the reltoral inlegrly oF” politcal independence of any Stale.) 2, Mariume. Aceration based on ACCESSIO CRDAT PRINCIPAL: accomplished Uwrough both natural or ric} ocessos a8 by thy gradual ans ‘mporceniole dpuseitol suil ut the Lud ts sl'the countryitvaugh the setion of bie walet of y raclamplion projects, h nd Fluvial g 8, atema, or national Waters ~ bodies of water within the and mess, among the i fivers = which may ba: (NDI anon bjhoundery }intarnat'onal | ‘Thatweg Doctrine tor boundary rivers, In. tha. absence," of. “an agreement botween thes iparian staies, the boundary lina, .taid-on the middle of the an nayigadle chal Midelé of tha Bridge Dearne ~ where thore is a bridge over a borndary river, the boundary'line is the middie’ or center of the bridge. ‘i bays and quits 3 bay is & well-marked ntation:In the coast the area of which at least isa large or larger than, that of the semi-circle whose diame! fs line ¢rawn across its mouth, Also referred to as she juridical bay, Strait. >." Nerraw prssaguways ‘connecting twe bodies of water. If the at aa ae eta Zan Beda College of Kew facommendes by the competent international erganiztion, Santinantal Sheik -- ig the ‘aaaboid anc sone of the submaatine areas that exteng Beyond its teutitrlal son throughout ane PANS! Prolengation ofits iad terior 1a eriectler £0977 Ot the continante mer tre pa stance of 200 neuteat miion fot the Basclings trom which tha Bresson ie letiorial sea is measured where ine Outer edge Of the continental ma yin docs Tarn YP 10 that distaree. (att ig nn UNGLOS) i Goninental margin - en pitino inp S/MMeGAM srolongation of the land mine SeangtDaslal State, ond consists ol he ocean foot with i subsoil thereof, (Art 76 (3) "The Coastal state has sove-sign rights over the continental self for “ine Purpose of xptering and vxp‘oiig ig falural resources. However 4 does Rat form part of the torrtory of the ‘coastal state + he dite a7@ exclusive in thn sense that If the "roustal State does, cet {plore the contirental sheit or oxpien is ineturat resources, nu ons ins undertake these activities without tre ‘9Pfe88 consent of the coaate! State * fhe natural rosuurces sefeirus to in this Part consist of the mineral ang olher Ron-living resources of iho foabed and subsoil togather with tng organisms — bolenging to Setentary “species, thet isto say. Organisms which, at the harvestable sta90, either are immobile on or urdes tha sepbed or are unable in more * The coastal Sii!e- shall have the ovclusive right” to authorize und fegulate driling on the continental shelf for ali purposes, (Art 84 UNCLOS). uM a Gite 29 Internat waters, nrehipelone waters, ‘terntoria! and exchisive Soyoed zone of @ state. They he rare aXe liseli “and soveran’ Fights of states, an Contttueuts of the Freedom of the high Seas, freedom of navigation ll. “Steeda of overtinht Btreegorn to lay submarine chbles and ploelines v leedom Io consiruet artfeia! islands and olher installations permitied urvdee intornaonal tn ¥. freedomol tshing Wi (feedom of scientific research (Art oy UNCLOS) 1 Renal Daim «aie space abv tha j ‘and waters of tho State Five | Nr “Feewdoms. tor INernational Services (rc: Waardom lo fy aeross. foreign terttxy without inning: . freedom. "10 punpones: fi foceom to gmbark! atte destined for state of sheraty Ne freedom 19 pul down trac onginating in slate of srcratt ang * ffeedom to put dow teatic orghating ‘n state of uircent Scheduied L fone tor noneteation oursr space 2 baeINe 6H beyond to ania atmo ‘U0 Abj2ct ty ihe juriedtetioy 4 gran 8 ote Ret oo 4 HAN stirs 2 ‘object into eae fsdicion and glo and over. any port 9 We th Outer space or on colostial Body, “né*'state shall also bo ee rc120 |2003 CENTRALIZED BAR OPERATIONS Inlemationaily Hable for any damage that may bo caused by such object to another stata o” to any person. ‘Thoarlos on wire outer space bugins (LTF) 1. Lowest altitude for aitficial earth satelites to onuit without being destroyed by tncdor (S0kms above earth); 2. Theoraticaltimits of air fights (@4kms); anct 3. Functional approach, ic., that the rules shali ot lepend nn the boundaries set, but on the ature of the activily undertaken (Wachury, Roviowor in Poitical Law, 2008 ad, pp. 460- 48 BASES OF JURISDICTION (TNPPU}: 1. Torritoriat principle ~ A State may exercise Jurisdiction aly within ite territory (Art. 14, Neg): General * Rule: A Siare has siimiet jurisdiction only over offenses -comy within its territory, Excoptions: a. Continuing offenses, | B. Acts projugicial to the nation security or Vital interests of the Stata ©, Univarsul crimes : 4. "Offenses covered by special agroemont 2 Matlonattty pringipio ~' vast jurisdiction in late of offender (Art. 18, NGG, tax laws): * A State vosts jurisdiction over its nationals anywhere in the word, % Brotactive urineilo - A" Sisve has Vinsdistion ovr acts. committaa abroad by nationals oF foruigners whieh are projudilal to Ns national security of vita interests 4 Bawsivo personality» principle — vous Hrtadietion in stine of oftengeed partys + A Slate tus jurisdiction’ over erimos agains? 'ts own nationals even if committed outsi: Me tertiary 5. Ynivarsatity prineiplo =vest jurisdiction in slaie which hss custody of olfender of io San Beda College of Law Universal crisey (piracy, gonocide). A State as lursdiction over nffanses considered as Universal crimes "regardless of where ommittad and whe committed thom. GENOCIDE = acts committed with intent to Gastroy, in whole and in part a national, ethnic, racial 0° religious graup by 1. killing meraburs of tha group: 2 deliberately inflicting on the group conditions. of life calculated to tring about i's physical ‘destruction in whole or in part: 3 imacsing measures inlanded to prevent births. within the group: causing eerious bediy or mental narm to menibers ofthe. group; and forcibly lransterring cildeen ofthe group {o anotner (Convention on the “Provention and Punishment of Gonocide 1948) Rights of tho child undér the international Sonvontion on the Rights of the Chil: 4. Inherent right to life; 2, to have a pame from birth; 3. (0 acute a iationallty, adequate standard of living, social security and healthcare: poltical, civil, sconomic, soGial ar cultural fights, incliding fraedom ef thought, vorscience, religion expression, association, Prohibition against diszrimination, education, S2ce8s 10 “information, minorily rights, Protection from explotation. elvil und eriminat procedural rights, 5. praiuction during armed cunfiet aid refugee Tight, and 6 right to family environment and the right to Siow the oarents and be cared for by thera, (Mazaltona, Morin 2005) MIGRANT WORKER - 9 person who is to be anes engaged, iy Be pan engaged aygpmuneral Le Vicn ne or she ‘ in oat It a nat.dhal (internal Elite of vir Bh We Mela ennigs: are vtspy Broad er To ing ave jal or : ores ert 7 Coat oe Bisse oe ayes and tl treadamis i ;conomic, Wie! Balhy othe SAP pai ie (ionic EaVBNion Syan@ tran ofA Forms et a Gare MELEE dos nat auply (0 aMliseHenee gtalvaiena, resintxions TSBan Beda College of Tay MEMORY AID IN POLITICAL LAW} ja Fie, nt YA pore Lat QF brelerences: which a Sito Baily to the Convantion may make betwaen cir anes on-cliacns, APARTHEID a systom of mstiutionalized ractal Scarogation and dlsccinnation fo" the purpoe ae Sabishing and maintaining domination by ve {gctal group of persons.over anather rucial yrcop of pereons and systematically opprossing thors PIRAGY - consists of any ofthe folowing ants 4 ny ileal acts of vislanea or detention of any 8:1 of depredation, commilied for nici acny by the crew or the pessengere oto cents Wir ofa palvete aera. ans dirscind 8 on the high S686, agalnst anal ship or aicrat or against persons or property ce board such shie of alrcratt: 2. against 2. a ship, aircraft, persons OF property in a place Outside the jurisdiction of ‘Say Stale, 3. ery ect of voluntary participation in the Qpevation of a ship or ‘of at rca ve Knowledge of facts making It pats ship areratt ‘4 2ny ac of inating or international t30teiag an acl described in gub paragraph m or Yad 101, the Convention on the Law at tha Sie} DOCTRING OF HOT PURSUIT Requinites (4c): '. Pursuit “commence trom intesnit water one 868 oF consigueus zone of pursuing stato: : 2. Continous and unabsted: 5 Gonducted by warship, miitery aite-att or Boyemmmeat ships authorized for tho purpose, and 7 “ Geases 28 soon as the ship being pursued ers (he territorial sea of i's own, of of third le, QRRWAL UNDER STRESS — involuntary Enirance; it may be due to lack of provisions Aaaaworthiness of the wassel, ‘inclement Weather, oF other ease of forco majeure, such oe Pursuit of pieates, : FLAG STATE = means the stale whose Nationality the ship possesses; for iis naionaite ‘Which gives the right o fy @ FLAG OF SONVENIENGE ~ foréign flag under which | merchant vocsol Is registered “for Purpores cf reducing operating costs or avalding Sovemment regulations, + The UN Convention on the Law of the fea voncedes that @ vessel shall ‘heun the nationality of the flag It fles, provided there Is ® "genuine Unk” between the stato whose fag 8 flown and th he veasel; in paicuar, the tang Stato must etlachvely exercise jurestction ant Control in adthinistentive, technical and socal matters over the ship, * fila of convenience Isa tag of ono county, flown bY a shiniowned by: citizen of anette, GuLES LON JURISDICTION UNDER THE VISITING FORCES AGRECMILNT . 1. Exclusive jurisdiction aver US personne 1. Offenses pu inishoble under Phiipaine tawe but not undet.US laws Philippines Offenses puninnnbie undor US inv bul net ‘under Philippine laws ~ US, 2. Concurrent jurisdiction = Philippine author'es shal have nimary tight to exercise jurisdiction over nil offenat oxcapt: 2. violator 8 committed by US porsonnal of US military tors, b. Offenses purishable uncle US taws bul not under Philippine laws: © Olenses solely against the propery or secufly of the US oF agaist the propery or person of Us 9. Offenses ari dora inthe «In the. exec I$ personnel: ish Out of any act oF omission Performance of official duty, ‘fons above, .ho US Military Authorities have primary iedcles, 3. The authorities Felner "government. my recuest the government to exercise jurisdic authorities “of the other ® -kaING tho primary tight to iction in @ particular ease, 4: Upon reauest by ihe US, Philippine authorities may waive prin imary jurisdiclion over offenses I$ personnal xcept cages <1 Grines Act, Ant use Low, 200789122 12009 CENTRALIZED BAR OPERATIONS AE LROU2 CENTRALIZED BAR OPERATIONS __ ~ Le%enoys tna ight to spocis, protestion for his ® * physical safaly and the preservalicn of n's “honor ard reputation ‘hla quarters, archives; property and sneans “of vansportation aro invielata (principle of ep Jextertoriality) : 2. foreign secretary or minister; or 3,;, members of diplomatic servic 4. special diplomatic agents appointed by head ‘othe state 8. envoys ceremonial DIPLOMATIC CORPS + @ body consisting of ull diplomatic envo-s accredited to the same local or receiving stale + tha doyen or the head of this body isthe PAPAL NUNGIO, if there Is ane, or the OLDEST AMBASSADOR, or In the absence, the OLDEST MINISTER PLENIPOTENTIARY APPOINTMENT OF ENVOYS. ‘nthe Phllppires, i is the Prasidert who appoints (Sec.46, Art'Vil Philippine Constitution), sends and instructs the diplomatic and cunsular fepreseniaiwis, and his prerogative to detecmine tha assignment" of the country’s ciplomats Fepresentalives cannot be questioned (Dé Perio. Sunlusv. Maceraiy, GR, No, 94070, April 10,1992), FUNCTIONS 9¢ (REN-PAR): : 1. g9piesonting sanding state in receiving stae; 2 protecting in receiving state intereate of Sending state and iis nationals; 3. Regotiating with government ef rocaiving state; 4. Bronioting frandly relations beween soning and receiving states and daveloping economig cultural and sclantific relations: 8. ascertaining by all laviful' means. concitions and developments in seceiving slate ano feponiing thereon lo government of sending alate, and ©. In some cases, copresenting governments a: thelr requast, DIPLOMATIC. MISSIONS frien AGREATION ~ process in appoinimant of diplomatic envey where staiea resort to on |wformal Inquiry (enquiry) a8 fo Ihe acceptability 3! 2 patievier ervey, Ww which me fecewing stoic Fesponds wit)" an. infyrmal—contommlly (agteamenty : LETRE DE CREANCE (Lotter of Credeuce} will the name, rank and General character of his ‘mission, and @ request for favorabie reception und ful credence TH in eda Colleye of Lay PRIVILEGES AND IMMUNITIES ACCORDED 10 OiPLONATIC'ENVOY (PC-LISTO): 3) Invialasity of premises and archives; Right of official gommunication Exemption irom local Jurisdiction; Personal inviolabilty, Exemption from subpoena: and Fxemation from taxation or custom duties, itr priviogos trevaom of: movemont and trave teratory + oxomotion liom al personal se*vices and miliary obigations, + io of flag and emolem of tho soning state yn the “diplomate premises and the residence and means of transport of the hess of mission, In its WAIVER OF IMMUNITIES + diplomatic privileges can Be waived, but the waver cannot be mada by te individual concerned ‘since such immunities are not personal to him, + Wavver may be nade only by the government of tne sending stéte if it concamns the Immunties of tne hoad of mission. + Inother cases, the waiver may bu made elther by th government orby the chief of mission + Waiver of ihis priviege does not include waiver of the linmunly in ros ert of the xncution of judamert; a separate waiver ‘or the veltoris necessary DURATION OF IMMUNITIES. + Enjoyed by the envoy from the moment he “SAWiih coopoBiNB bait UPB, mmun Hirvelngetinialys O73 kata! S semen aN situ, A the senging- La Meda Callege of Harn 3. Dismissat CONSULS: state agents resizing atroad for rious purposes but malniy in tho interest of fommercs and navigation and not in poitical mattors + issuance of visa (permit to visit his country! and tach a8 are designed ta protect mutonais ‘ofthe appointing state Kinds of Consuts: | professional or career consuls who are required fo dovate their full. time to aiseharge theirdutios | ina nationals “of tho | mayor hat “ba sending state nationals ofthe sending slate _ perform consular | function. emly in addition "to | thei regular callings, Ranks: 4. consukgenerat = heads several consular isiricis, or one exceptionally large. co 1sular iste 2. consul ~ takes charge of @ small istrict ot lown oF port 3. vice-consu! ~ assists the connul, and 4. consuier agent ~ usually entrusted wilh the Periormance._of cerlain funclions by the ‘onpul les: (PRO'S) * ite 1 Brotection, of the inierasis. of th’, sanding sa and i onan he ecg 6 2 Promaion. of. the conimereial, eeonbmi uttural and sélentierolitions ofthe Feng and receiving slates, 3. Observation of concitions and Jeveioncients in the receiving stale ana rapor thereat to the sanding state 4. Issuance of’ passports nd other travel documents fo nationals ef the senaing state fend visas or appropriate documenis Io Porsons wishing to tevel to the scndlig state, 5. Supnivision and Inspection of vessols and aircral of the sending slate, Appointment = tw2 or more docurse ns are necensary before the assumplion uf corisular functions, namely: 1, Letters patent (letter de provision) ~ lelter of appointment or’ commission which s transmitted by the sending stote io the Secretary of Foreign Affairs of the county where the consul is o serve; and 2 Exequaiur ~ the authorization given to the consul by the soverelga.of the receiving { snesby ain POUTICAL LAW] 173 stale, allowing tim to exercise his function within the territory, tmrunities and Privluges (oMs™) 11 Evininity 8 ther gorresnendenes, neehivos find other document, 2. treadom of movement and (rave, 3. immunly trom Jufsdilion fe" ala pectonmed inofteta eapacty exampllon from certain taxes ane customs uli + inmunities and prinioges ar olso avaible to tho 'mombere ‘of the consi pone thee famatlon nd hol givate stat + Walvar of timmuntion may bo mace by the appolting state. D;PLOMATIC AND CONSULAR LAW Termipation of Cons 4. witha 1 Mission: (WEWU) rat of tho sxeequatut extinction of the 2 swe 4. usual ways of terminating officiat relationship + Severance of consular rotations doos not renssarily termirete diplomatic relations EXVERITORPIALITY oxenplin of persons and property from local jurisdiction on tsis. of International customs, + Ifthe acts giving rise to a eu are those of a foreign government done by its foreign agent, although not necessarily a diplomatic personage, but aciing in his official capacity the complaint caule vo tarced by the immunity nf tho foreign sovernign fee suit without fs, {orient (Municher vs, CA, G.R. No. 142396, Febneny 11, 2009), EXTRATERRITORIALITYE: 2 ‘applies only to persons an: I8lbaked of tony” pr conventio {Ufecerited bacausa of risa of nitions yd IN equality of sintos’ :* Sige Adrndhigralty ot BN Kohat fave walkin] Grea tot shat adver by intebaifondl if whefieaitnbsclectifen snag VERE bola nett easitanens (eS VAS pang. de eto Seo Mie ey a u ial "Sts Ri Sty making 2. Throval IAM qeautboees” organ oy ‘ersenggo 7124 [2009 CENTRALIZED NAN OPERATIONS. 3. Wthovt altundancy of duress, fraud, mistakr ‘of other vicos of consunt; 4, Lawl subjoct mattor ind abject; end 5, Botfication im accordancy with ‘hol, Fospoctive ccnsiitutional processes. EFFECT OF UNWRITTEN TREATY (LMR) 4. has Jogal force, 2. convertion rules on matters governed by Intemational tavy indupendently of corvertion shall apply: and Convenlion rulys apply to the relations of slates a3 between themselves under international syreement with other subjects as partes STEPS IN THE TREATY-MAKING PROCESS (NSRER): | 1, Nogotia‘ion Discussion of the provisions of the proposed realy, undertaken by the representatives of the contracting parties who are provided «with Credentials xown as full powers or olen pouvoir, 2. Signature; Prmatiy intended 143 a means of authenticating the instrument and symbowring the good fait of the contracting parties, Practico of Alternat Artarigement under wiuet euch negotiator is allowed to siyr first on this capy of the ety Which he wilsuiny hone to his own county, tha purpose being 10 preserve the formel ‘appearence ol equally among tha contraciing Slates and to avoid delicate questions of precedence among the signatories 3. Ratification, ‘Act by which the stale formally eecepis the previsions of a Wesly, concluded by its representative 4, Exchange of in iruments of ratification; 5. Registration with UN. Doctring of Unequal Treaties ~ treat2s which have been impo:.ed through coercion or duress by a State of unequal charuexer are void, Aceussion = also Known as adhesion, this ts the Brocens by which a non-signatory state becomes 8 party Io a tronty, Rosorvation ~ v unsiteral statement, nade ty state when signing, ratifying, | acceptin, ‘approving or uccoding’ to a realy, whereby i urports to exclude or meaty the fegal effect of mest Taveret! mang portes nena pares 5 puss ORR San Beda ge ot Low ertein provisions af the trey in thalr application 0 tha stato, + “The stale making the reservation remains a purty to a Weaty, provided that the Fascrvation |¥ compatible with the object ‘und purpose of ma troaty. Concordat ~ % tr ny 0 agrecmunt betwoon ecclesianiical and aivit powors to regulate iho folatens berwoon the church ang the state in « Inose tters whieh, in some respect are under tne jurisdcuon of both, BINDING EFFECTS OF TREATY Gongrnl Rule: Only contracting farties are bound 1, Onginal signatories 2. Qtr states allowed, by terms of the treaty, to Sign it later accession) Pacta Tertiis Nee Nocent Nec Prosunt - @ fale is 701 bound to acl in acco.c'ance with a lueaty if Lis not a party to a treely, xcept il that ‘realy codilies customary :nlernational iave Exceptions: (EVEN) 1, trea imeicly an expression of customary smterrationat law 2. by virtue of the most ‘avored nation clause 3 Wrealy expressly axtends ils bereliis to non siqnatosas 4 heay os necessary for tho tmiantenanee of lineman peace MOS! FAVORED NATION CLAUSE - pledge. made cy a contracting party to 2 Wealy to grant to other purty treatmei. nol less favorable than that which Fad) oeen given ef may be granted to the Gofloral_Rutot PdetdAgbnt SServanda Fy radii force Is bnginy WQg0 th a mus v2 pertoftiad, enki Caw onjon gh ay se SAAN? SE Excidtion | ss juss iegul CeO ese teeulysnbiigationp Bunt sobstcplin enangete "ch weptp condor fone gitine pang: th bie ncertare ‘veaty:“ebligatlang Eo retin. This pst your ahi pura fy (Santas Juno 23 fag Nee a 2 ae Ra ihe sutement ope nsaeggone wy complionceLan Meda College of Fats Eee Roquisites (SucinoR) 1; The change must 6a ro gubstantial that the foundation of the treaty must have nltogettor disappeared; a. Tha change must have boon unforesoen’ or unforeseeable at the time of the perfaciion of nga must not 'have been goused by {he pary invoking the doctrin 4 The Uocirine must be Invoked within a Feasunable time; 3. The dur and 3. The doctrine eannct operate retroactisuly, iv, it mest not adversely attect provisions whi-h have already bean compiied with prior to the viel change in the sitvation, ly must be invtefinite AMENDMENT/MODIFIGATION OF A TREATY Gereral Rule: The ciigent of all the parties is required, Exception: if allowed by the trealy itself, two States na) modify © provision only eatin ao they are concemed . TERMINATION OF TREATY (TAIL-DEN-VoV- Ru): 1. expiration of term: Accomplishment of purpose: Impunribiity of performances Joss of subiect mattar, gesuetude * dosistance of parties by « cpeCES mutual Consent or exercls? of right of reniinciation when allowed: ©. extinction of ona of parties, if treaty in bipanie: 7. povation: 8. occurrence of vital change oF ercunistnnce: 3. outbreak of wat; and 10. Yoidance of treaty because of: + defects in constitution; * violation of Ws provision by one party * incompatibility with international iaw 1. application of the doetrina of relus sic -slentious 12. the doctrine of Jus conans (or the emergence of 8 new peremptory norm ef general internations!. low which renders void any eexlsting treaty conflicting with such rorm) PROTOCOL DE CLOTURE - an inst:ument Which records the winding tip of tha proceedings of a diplomatis conference and usually Includes a Feproduction of the texts of tra fecommendations and other acte ‘agreed upon and signed by the plenipotentiarias atteriding the conference, Its nof the treaty itself and docs not MEN RE AID IN POUTICAL LAW) 325 MEMO REID IN POLITICAL Law] 325 req Angara, G.R. No, val ie fet apphos Bfily 7 ire the concuridince of thy Senate (Tanaen v. 118295, May 2, 1987) poitical | adjust i changes | dotall of nation! policies | establish | policies temporaiy arrangements ianent internationat LIDITY OF THE Vien Joint RP-US miltary exercises for the purpose of uveldping the gnpabitly to resist ah areca attack fall squnrely under the provisions of the RP-US Mutual Dafonse Tronty The VER whichis. the Instrumont agreed upon tt previde for the joirt RP-US miliary exerci is simply @n implementing agrsement to the fan RP.US Miltary Cofense Treaty, Accordingly, as. an impiemanting agrerment ol.the RP-US Mulual Defense Treaty, wae fol necessary to submit the VEA to the. Us Senate for advice and consent, but merely to tha US Congress under thr Caee-Zabloch, Act within 60 daya of ils rai Wis tor this reason. thal ‘he US has cevtifed that i recognizes the VFA ag a binwting isternational agreement (Simhoion v. Romulo Git Na 1°5080,Febiuary 1%, 2009) ihe provision of At. XVIII. See. 28 of the Gansitiion, fs eomplied with bo vines of he fact that the presence of Ine Us Ang fereas through the EA, fea” eres “allowed under" the RP-US ‘Mutual Dafenee Teealy. Sree te RUS hws Doles Tealy sal hoa. beta jeifed onc comers in by bat Peiigeson concrea Senatd Bhi GN Ro wolaton of Gonstivional provisions renin ro Te Genteneri Ni a wee asd ese enetbpceon sa : ye ere neun to cctthin members of the Ts126 2009 CENTRALIZED BAR OPERATIONS ee EE EMTALIZED BAR OPERAT Stata accorded more privlages than the resi of the people who owa italegianee. it signifi snes {s municipal, wot international. MULTIPLE NATIONALITY ~ possession by Individual cf -more than one nationelty. tt acquired es tha result of the. concurrent National, Doctriqu of indelible Allegiancy . An Individual may be compelied to retain his ‘original nationality notwithstanding that ise {a8 already renounced it under the i3v-s 0 another stale whose nationality he hus acquired *Dortring of Etfantive Nationality; Expressed in Ar of the 'lague Convention of 1930 on the Confict of Nationality | aws hat. @. person “having more than one hhallonalts awl be {routed ay If-0. hud only n@ ~ either the nationality of the couriry in Which he is: hubitunly and principally resident OF the nationality of the country with which > the circumstances ha appeais to be in fac? ‘most closely connected (Frivuide v. Cumaie G.R. No, 87193, June 23, 1989) STATELESSNESS ~ condition ur status of an Indiviéual -vhe born withest any nationality oF Who loses his natenaity without rataineg or acquiring another + Tho stateless person i ented t0, among thors, the ght to rengion and ‘religious Instruction, access to caurts, elementary Guucation, pubic relief and assistance Fationing ‘o* ‘products in shot supply and treatment: of no toss favorable thant thal accorded aliens in general Treatment of Statelows, Inuivicual Inleenavianal. conventions provide thal staleiase individuals are.lo be treated morn 9¢ less tke the subjucts of @ foreign slave Consequinco of Slatelessne'ss - any wrong sullered by him through the acl or omission of stale would be damauin absque ‘njuria tor in theory no state has beer offended ond witeenational agit conmtited, Rointepration ~ reedvary of nationality by iMdividuals'who are natural born citizens of A sti rr Ban Reda College of Law LHe te College of at ane GENERAL RULE: Flowing from its right to extstenee and as un atinbule of soveroignty, ne Stata is uncer obligation to admit aliens. ‘The Slatw can determing in what cases and under ‘hal conditions it may adinit aliens 1. Tha State hus tho right to oxpet ations fron ts territory through: : . 2 Deportation’ ~ expulsion of an alier Considered Uindesirablo by local. siate usvally but pdt nucessarily to his own sial i 1b Reccnductiyn = forcible conveying of aliens back te thelr home stata without any tormalites. The allan must accept the instit-ions of loca stales ay hg finds ther, DOCTRINE OF STATE RESPONSIBILITY - slate may be held liabla for injuries and damages Suuluined by the alien while Ih the twentory of the Slate provided. 4 te act or omission constitutes ain invernationai delinquency, Intornational Standard of Justice ~ the Standard of the roasonable state that is, 38 selerring 10 the ordinary norms of official conuct observed in civilized jurisdiction: us, to constitute, an wnternational dcingueney, “te teutment ef un alien wuld wmrount te an outage, bud faith, willul neglect of duy, and nsuiliciency of gove.nmenial action that every reasonable ‘und impurtial man would readily recognize wuthcianey, ? the ert or omission is direclly or indirectly impuleble othe’ mategigs Soe iy {Adit Stale RpaggeablityeS wey Leow ih aan Aras coramy Eaeermar ee gaat: * ‘iy Wot gasfectid) BRAVEnIEd pegecrsce if ser ove Goektovon ar igve a! ng aco et tay oe sth oF By mia MBgpiseiRestat wl ond pee aah oN BDo) yy ‘s fen raver 9 pi 8, ne olprer oie have eof diecting is BD alles 2 nyory ty te ELSA SAREE indirectly necouse ofan sige tote nal ee ie a7 : Zran Weda College of Har FONOMIONS | REQUIRZD FoR 1y ENFORCEMENT. OF “THE DOCTRINE cr STATE RESPONSIRILITY ‘The injured allen rust first exhaust al tocar Temedies, oxenpt: 4 no remedies to exhaust intrinsically detective) courts are corrup: © no adequate maciitiary + & involves acts of tales not subject to judicial re (lows are Sale Clause ~ provision « trequently ssited in contracts where nal‘onats, ef, another stale renounce any elaini unse rig nalional state for protection, By ARUeR waiver ean be legal mase onty by alien’s state He must resort to diptomatie protection MODES OF ENFORCEMENT OF CLAIMS * May be resoived through nesitiaion, Wt fils giher amicabre methods may be uae sue ene Fr4 2mtces, arbitration oF jugicia seltimnont in the avent that state established, the duly to Teel Patation muy taka the tora ot ‘esttutien, substitution oF cornpensatine FATRADITION - The reniovs' of an accused from ins Galiopines with the object of puuchg. Het he disposal of foreign withorites SOuAeRHNG state or government te hold hen ay Frees tt” ,28Y criminal iewesigaron Hrected agains! him or the execution of & Pnalty sr peged on him under the penal oF criminet s Saihe requesting sate or government (PD. 1069, Sue. 2 fal), Surender of oe ve by one state lo another where he 8 wanted for srosceution or, it are: dy convictod, epunishment Surrender is. madé at the requost 31 the latter state on the basis of oxtracition treaty, Alien wail ~ “be surrendered to the state asking for his radtion undesirable by toca) state, usually but not Recosaurily to his own state, ! is the Unilaieral’ act Of the focal state and fs’ mace in its own interests Gieleairabre ain way be sent fo any state willing to aecepi him MEMORY AtO IN POLITICAL upablnos has Sxinting oxtredition teatton With the following countries: C's MUA 1. Sanada 2. Shinn 3. Switzerland * Spain " 8. South Keraa 8. Indonesia. > 7. Micronesia 8 steal Fundamerital principtos 1 Pasis a Lealy, based on consent of the parties 7 ° Principle of Srecialy ~ & fugitive who ip Enkedited ray be: tried only for the crme itecied tn the request tor oxteaditon ane Include’ in the Hil of offenses is the testy, Rowilst Typ0 of Trosty — offenses Papranable Under the laws of boty states hp imprisonment of one yen or more at included among the axtraditabie ottenees % QOY erson inay be etradited: he need nog ho a citizen of the requesting State orga oF folileun otfondors are generaiy Pot subject to oxtradition AMteatat. Chun ssination of hand of Male oF any morbar of ine. timily We net fegarded a8 political alfense tor purporne ot SHtBCitIOn. Also applicable for the crime of or nocide. » Inthe absence of spccial agroament, olfenée gyvst have béen conmitieg within he tenors ao URTNS: Plarestot the: cemanding 1 eR he FAIR 7 BEATS SORE SUbouste enh ®t wf 7 “hE for ang Staion neo mat Ran Slaton olin oS we for extradition wits 003 Ce12812009 CENTRALIZED GAR OPERATIONS 4. Upon recoipt 2fa petition for extradition ane ats Supporting documents, the judge niusd study them and maka, us soon as possible, a fin faclo finding whether (a) thoy ara suficicat in form and substance, (b) they snow enmprance. with the. Extradition’ Trewy and Law, and (c) the person sought is extraditable. Al his discretion, the judge may require the submission of further documentation or me'y Personally examine the afiants and witnassos fof the petitioner, If, in spite of this study and exumination, no prima fasie finding is pos inte, the petition may be dismissed at the dise-etion of the judge. On the other hand, if ha presence of a Prima facie case is determined, than the ‘Mmagisirale must immediately issue @ warrant for the airent of tha extraditee, who Is at the same time summoned to answer the petition ‘ond lo mppear at scheduled summary hearings, + Paiog to the judge must not inform or notity’ ihe Potential extradilee of the pendency af the Pelition, fest tne taller be given the Opporturuly 10 escupe and frustrate thy; proceed gs, The foregoing procedure: wi “best serie the ends of juslice’ in extiadition cases (Government of the US v. Hon, Purgusian und Mark inane? 3 No. GAR Ne. 149571, September 24, 2002), §. Hearing “(provide counsel de officio it cussary), 6 Appeal to CA within ton days wove decision hall be final and executory. 7. Decision forwurited to DEA trough the DO. 8 Individual placed at the disposal of the authorities. of requesting state costs cna expenses to be shouldered by requenting stat, + A state may net compet another stare 10 extradite a cimunal without going through the legal processes: provided av the laws of t former + Due process ‘requirement complied at the RIC level po. fiina of petition tar ealensttinn No head te noty the pu son subject of the extraaitign process when the application Is stil wvith te OFA oF DOL, + Gnlragwion is net 2 criminat proceeding which will ail int) operation all Use rights. ol sn Accused! provided in the Hill oF Rights Ti san Meda Collere of Law Sat Beda Collere of May + For Ihe provisional arrest of an accused to cortinus, the formal request for extradition is ‘ot required to be filed in gourt = it only needs fo bo received by the requcsted state in ‘aneordenca with PO 4069, Entitomont to aait + The tme Aenored principle of pancta sunt Scrvanda demands what the Philippines honor lis obligations under the Extradition Treaty gnjored into with the Hongkong Spacial Administrative Region, Fallure to comply with these obligations fav setback In our forcign relations “and defeats the purpose of extradition, However, it does not’necessanly wan that in keeping with lls obligations, the Pinlippmes should diminish a potenti’ extradites's rights to life, Woerty and due Proves More $0, where these rights are guaranteed, net only by our Constitution, Dut dilso by intomational capventions, to which tho Philippines is a paity. We chould not, theretore, duprive aa extradite of his right fo wpty for ball, provided that 3 certain + standard for the grant is satistacturily met (Govormont of Hongkong Special Adiniistrelive Region v Olalia, Jr G.R. No. 199379, Apr 19, 2007) + An extradition proceeding being sui generis, the siardaed of proof required in granting oF onyiny vail can ‘neither be the poo! beyond fwascnatle davbt in erininal cases not the siandaré of proof of areponcerance of evidence in civil. cases = the potential ertacie must prove by clear and onvincing prouf thet he fs nota fight risk and wilt abide. with ail the orders and processes “of the extradition court, (Government of Hongkong Special ‘dni sale RABERRE Cala ci C.F. No. 183675, Apt OOH ae iaiyhts of a paras aifedtelt and dotiy Another Stato (ROM). 12 aie pm 1 *Right co ha vonis eequgshcaniplien wifepy ine lovey Sie to €e NIEIED coeur ona offiis cungitg vee ‘) 2 Right 9 ting Be tative) conbulae BR sa hiort dgdrossea silica faby the iioryiout volay eserves gi MAM eo Relationy) i UA Ine cnet gout APT thot Atle 36 parc OF Ig Vienne Convention on Gonsslar Peabibhs, creales individual agit for |~ San Beda College of Katy ee fatained person in nadtion ty tna tights Semen, Me Aencing States. ten cy 0 (Germany v. United Status) (oun TB HEtRON sho, owing to 4 abilual residence, ix unabie, (comng fo S22 180%, ib Unwiing tose ‘i (Convention Relating to the Stans ©f Rotugens, Ari 1.4 (2) Requisites: FRG tio ary usta the country of hig Sehenalily or if stateless, cuteige ine couriry of his habitual residence, 3, backs national protection, and Fears persecution, RU REOULEMENT -. prohiis 9 state to caeanct *Pel@ reluges tothe leroy where he theeatanea Seek IS fe oF tecree® e toseatenes. Tho state is under ohigat eo grant ‘emperary asylum (Retagoo Conversion wy age 1) BIELOMATIC ASYLUM ~ retuge in dipiomatie promises, for PAGAL ASYLUM ~ refuge in anothor sate £0" Political” oltense, “danger 7 or no ‘888uraNCe of due process, tween sintes trae 9M Conduct to bs taken by Nes Imer {2F M0 Brota:llon“or vinaientoy, ney “ Interest of the other, 7 * a Gisagrcoment or. point of tow or fact, a meet egal views er of interes ne? (merests Betwoen two international eocty Parents Palestina Conceswonk ore POW, Series A, No, 2, Bp, 11-12 (4934) + Att 33 of the UN. parties to any dispute GLASSES OF DispurEs [egal ~ if involves ustleble nghis based on law and fact, 2 political ~ if cannot bo dectaad by on negmational arbitral. or jugetal tribunal nce the rules of international law. Pee ogni ne a + TRBe verencé'oh ipldmaile’ Reiations: 2 Relorsiog BN LG tae MEMORY AID IN POLITICAL LAW 42) DRICABLE METHODS of SETTUNG Disputes; |) (Ma iN GRACE) Mediation 2. dudiciat Setiiinnnt 3° Negotiation 4° Tender OF Geode otices 8 Rosort to Regional Or 6 8 Ve tations Arbitration Sencitaton | Erauicy Monge Ol! = 2 third pany does not marae napoli Capen Tor the ante Sagelele Bul also actively pavieimiee ys fe eins oon lo reconote thereon mara etalon otra’ soutien oes nd ‘morety brings partog togctnge MABIFRATION. the solution ct » dispute by an the pa Barly usvaty a tana erie by a epartos themselves under a tnarter heed as 2 comprinis, h the facts material to the “dispute nee extublished eng atited by an impari Wg body toward {he adjustment or resolution of n espere CONCILIATION Party, whores: Stone aCnrICES, = ware a tid party, ether Fee tat olahortion win cthare Shoes ee alter fg Me aetlement of cpute vane Snare, S°C0PItd then "auppanen ta, Om axercine of goa aineeny i wes cl congpneeaphanarel vat i130 |2009 CENTRALIZED WAR OPERATIONS A OLOOD CENTRALIZED BAR OPERATIONS Ganbrrgo ~ the forcible detention or Soquostration of the vessels any owner property of the offording state @ paciic blockady = the intervention of ‘ankry to or exit from tng ports of the offending stata of means of communication and tansportation 4, nonintercourse = suspension of - all intercourse wih the offenainig state, Paricularly im matters of trade and commerce 8 boycoll = concerted suspension of commercial relations with the oflanding slate, “with particular reference 10 = rolusal 0 purchase goods ‘Steps In settling disputes under jurisdiction of Security Council, 1. Security Council shall call on the pamicg to settle disputes by peacelul means 2 Whey are unable to soll their differences, Security Counc may recommend Appropriate measures considering wmicabie measures ulready adopted by the parties 3. Ifthe former fails, the Securty Couneit yy recommend such acitial lerms of settlement This fs in the nature of compulsory settlement 4. When the terms ara sti rejected by tue parties, the Security Couns is empowers to (ake: 4, preventive action.~ dous not involve th usa of armed fores; og. complete or Partial interruption of eeonatnue relation s . enforcement action = action by air, sea or land forces such as demonsirauons Ulockades " Aimed contention between public forces of states oF other Pelligarent communities implying employment >! force between parties for the Purpose oF imposing thelr respective denands pen each other The Philippine rer ‘national policy, Constitution) unees war as an listrument of (Ant. 2 par 2 of the 1987 COMMENCEMENT OF WAR 1. wat the dscnasatite a war: 2 wait he teyeean af an ulti, 3. win the “commission uf itn act Fogarded Ww al loast one af the a fact at wat SPFECES OF OUI K OF WAR, Tie aoe Su Weds College of Lew 1. Tho laws of peace cease to regulate the felations of "the belligsrents und aro 3 supersodud by ihe laws of wat Diplomate and ccnaular resations vemwoen the dotigerents ae terminated, und thelr Twspoctive reprosentatives ure ‘lowe to .2.urn (0 their own countries; 3° Treaties of political nature, such ag treaties of ailerce, are automatically cancelled, but’ those which are piecively Intended to cperate uring war, such as one regulating the conduct of hastillies, sre activated, 4 Enemy public property found in ine territory of olrer belligerent ai the ouloreak of the hostilities fg, with cartain exceptions, sunject lo confiscetion. Enemy private jropenty may he sequestered, vubject tc vetuin or cimbursemant alter the war in accordance wth the treaty of poaca, at ' 1 BASIC PRINGIPLES OF WAR Principia of military: nocussity - betigerents May umploy any amount and Kind ef tore to compet the completo submission of the enemy wih tn last possible less of lives, tng ang money, Principio of Humanity ~ prohibits ine use of any uve that is at absolutely nacussary for purposes of war, and Principle of Chivalry . basis of suc rules Ma thowe shut require beligerents to give propor warning before launching. a bomtardment 0” Prohibit the use of perfidy (treachery) In the Conduct of hostillies, Rights of a Prisoner of War: 1.” To be (vealed humanely: 2. Nat evo pqeig tor aee pe a se iu Recuvd a eee Jnecirne: SAbL RTD ae 8 Reap g SNe 8 “dG waged 9° Pylbipendh gf YO "Rabun ne aga Se cal ec weaopucngeculstane/ & Ciinelsteno “Ehange aca ido ar Alyn Jot wont upare: SA eee—_ ee 2 iGO moasures to protect whabiants 8 feruiston of goods and Sern teu miliary projects “ Semand taxes and contebuiiens to. tiname rotary And local adnvrisirative neste ‘egal cutroney "use eneiny prope-ty, whether rwste: or Privale, “dul privata ovoperty is sutynet sn 'ndevnnstication er rotutn al the ond « TERMINATION OF WAR {imple cessation of hostilities ? Eorclusion of a negotiated irealy ‘ol pence 3 deleat of one of the veligerents SSS TLINIUM «ihe ravivat oF " | | arms, gs, <-/BOreement 7 | eutaing "Gily duting’Mintended to docate in wor limes of peace ard | DUTIES OF NEUTRAL STATES 1 10 abstain tiom taking part in the hostivioa ad from giving assistance to wither bettigerer. {2 prevent its lercitory trom being used oy the beligerents in the conduet of hostiltins, and 3 le acuuiesce “im “certain restrictions snd fimltations thal the belligerenis may ind Aecessary to impone, aspadialy mr Sonnection with intervslions| common DUTIES OF BELLIGERENTS 1. Li tespect the status of the neutral state 2 fo avoid any act that wil ditectl, or indnactly ‘involve Ht their conflict and subynitiny to Heda Colles MATMORY AUD IN POLITICALLAW} 131 any lawdul measute may take to mantain or protant ts neutelty DPelligcient may upea. payrnent of just lon, Solze. Use OF costray in cane at uigent neecsslly tor purposes of eftoren Op Gorse neutral prosesty our. in its ror, oe nnemy territory or an high seas ftoekade ~ Is a tse oporation by which the vessels and circralt of one belligerent prevent no iher vesssis, inclutin those al neuial rie nn ealaring or leaving the rons or coaste af We fie bebigerent, the purnose ting to shel eh iw place fram. ineinational commerce acy ccmmunication with thar states TERNMINATION OF NEUTRALITY 1 Mental sexe jonns the won ~ Ponctusion ota tnaty of pence OE Re aE Re le cae fhe. to rot OF no Jonge partenate: Ie hosiilities (Magailona, p29) +H does not apply to incidents or asia of lehoritm unless they fat within’ the characterisation of. an international armed Eqrlict under Art 2 Common’ to the Four Geneva Con entiors, oF of nonantematlonal © internal armed conitict undor common Ar 2 Gfine Genova Comention and under At 1 of Additional Feotocat I TUNDAMENTAL:ERINSIDLES 1 ies to 6rmbd vonfict ote brohibited fon cxnnloytng weapons or mans of wartarkenhy Gaye unecessary damage ‘nt ofa ‘eusteri a Pitot neaenineein dea Sefwogn clvtinn pilhica'itom eopibaente inten ormertrom mhtnrytakian constholt Be toinbal id theepsute do {ot take pafl in Kosilies ‘shou mek protoctce fn dited mumanely wihout By ndverse bce et | 4. KH Brohiblted to: Kil Gr surteider8 OP Who bhi 5 ThBludunded nd the tot anol Eg protected and ated for. by tne pally Wh in cstogy of Rey ‘ jo © Radios tty. caplitan’s: ciulians and combataris’ shil"Yeaoéct" ine right to lite, only, conviction and otter personal ghia ie : oP it232 Lats Cenmnanizen aR operavions ARMED CONFLICT (for application of IHL) “afl ‘cayes of deviased war of any othor armed connict which may arlse between two or mors of the Highast Contracting Parties, evan if the state of ‘wal ig not recognized by one of them," (Article 2, Geneva Convention of 1949) It also applivs to ‘armed conic between the government and 3 revel of insuigent movernent. (Article 3, Gunova Convention of 1949) MARTENS CLAUSE: a clause which states “in ‘cases nol covered by this Protocol or by any ‘other international agreements, civilians anid combatanls remain under the protection and authority of the principles of international lav dative’ from established custom, from the Principles of humanity and trom the dictates uf Public consciar ce." (Anicie by pur. 2, Protoseh Additional to "he Geneva Conventions of 12 ‘August 1949 [8 June 1977)) A punion is hers de combat: (PIE) 4. Nes in the power of an adverse party (to the ‘conflct} 2, Incapable of defending himself provided ne ‘Whstains from any hostile act end does not atiernpt to ascupe, 3. He cleully express surrender a intention te Branch of PIL winch pros inbes specified ucls as international crimes. provides for their prosecution and punishment, and governs Felalions of Siates with respect to Individual criminal bebaity anid ts enforcement, INTERNATIONAL CRIME ~ is such act universally recognized as criminal, which is considered/ at grave miaiter of internationat concern and for some valid reason cannot be lel! within the exclusive jurisaiction of the State thal would have control over it under ordinary circumstances, (US Miliary. Tribal 9! Nuremberg, Febuary 19, 19:48) GENERAL PRINGIPLES OF 1GL: Principle of Lagaliiy-an Individual may aly be ciminaly Hab'e, and punistied of an ac: Shion la -eeelared by tnurnational lew 99 iiminal offense, 2. Principia of ‘Non-Retroaetivity-no_porson ‘hall be cminally responsibio Under & iaw Which defines ay a erime un act cornitted por tots onactment Principia of ne nis ta fctuin (not twlee tor the some)- wo same individual shan be WH Ain Meda College of Law punssiied and tried more then once for the Fame offensa, 4, Principto of indwidual Criminal Liability- ‘an ind vidual who commits @ crime under desnational law individually Fable for Punishment, without any dis‘incton based 8. Principle ‘of Superior Responsibility superior 's held criminally llablo for failure ta provont swhordinates. from committing Unlawful acts, in view of his command and ‘conical over them and liable as well for the! crmes, 6. Principle of iaens Rea - the materiel elements of @ crine must be committed vit intent end knowiedgo. (Art. 30, Rome ‘Sta'ute) A perion has imentwhare In re'ation to conduct, that persun means to engane in the conduct In relation to @ eunsequence, that person mwas cause that consequence uF is aware that it will ogeur inthe ordinary course cf evant, Knowleege means awareness that a Greunstinee ests or a consequonce vill occ vy the rdinary course of events, INTERNATICNAL CRIMINAL COURT (IG¢) - fist permanant treaty based, wternationet crminiu Goutt established to promote the rule of aw and crsure that the gravest inrnational Grimes Jo NOt go unpunished. (Art 1 Rome Statuto) Rome Statute ~ established the International Crmingt Court, The Philippines is nol yet a porly to the Stalves, While then Philippine econ ee imlaa araunoyan Corse gastos Cred siggadine Rome “ae on Bella oe a soe however not sre cend sulted 30 the Senate foray fatiigation, Wie ra 7 sun accepl 8 waveates. (imo y gre het ap corgi a ae i eu &e see 2 am we a ence ot Signy. ne Tngaaional’ oiininal Sout shut ‘boBa Bode College of Hat SALARY AID iM POU CALLAW) 133 Comminventary U9 savor! érnmnint pris froin PF states It gives pauminy over ty, shane a PERROKISM. any act of volonce or trent E21y State fo exercise its ermvunal patsla tony Mrersof notwithstandeg its motives or itontone Cer tho s¢ responsible for intearichonnl “nen. Lerpetcated to itty est 2m inviviianl or canneton junta plan with the ait of terorieing peapte co agate to han tam ar impo sling te Hees Teer Meexioms, securily or rolts' or exposing tne environment or any factiy or pubie or beens Freeptions: 1 Where “the natisnal proceedings Conducted to shield Ihe person cocina {rom cron! respunaiesily Property to hazards ar occunying or eof ee There 8 unjust delay i the notenat or tater to oF “memtening the prosevdings siabilly, terstonal inlagnty, paitical unty or 3 The rational proceadings a not Ove telgnly of inrtependont States. (Article $ conducted independent, or yl Zonvention of Organization ot Impadially nference on Gunbating Inter 1 Terrovinny at Qungnedoupou [uly 4, 4088}) Main Jurisdictional Rules governing Kc: Tae, OMe Statute proviva tor Hie Teen xy iN mils national community has nol yet achieved pon junsdichon eg ancement as te the generally ascepled ieescictian ration materia, 12 jansenciion feitation oF “tonionin" “for the puree at 's only limied to thane enmes vier an formulating it as an inlernalional ee under Ae ju ssdiguon 2 slunisder'on rationa teriporis, 1 hag Jutssaietion only with erimas cornnvitan atte fhe entry inte force of is status (any 2ov2) 3 dunsctiction rationa wei ies wurisdiction over erimas gomanited fo ‘ {itor of Gtatos Partins, wahoul tose to the nationaity of the eltender ‘elernationat convantion, (Magateno, p. 95") 4 SHRNACHON ration parsonaes: CE 1x jurisdiction over she nalianais. o\ a. sisre barly as te cima within tie. eh nscion | 1 absentia is not aM owed unio dy C rules (Anicle 63 Ramo titoinio) dock ne ine Erni ecenons | criminal | junisciction to palate | pases mnie UE. REDUIRTE TR Me Ac i prosecute [iis aul ruse reaniaua or | hat unt nen gerocte, eames | vay UM tama os erninst” nuncinty | Sateen stn tg yk lRE TEES Ui war crimes, ana the rete the Cis the I) ik irdependent oi the | principle jurneta! UN organ of the Uniter Naton cE