Exemptions from Jurisdiction: DAD Doctrine of State Continuity -under this doctrine, a state does not lose its

identity but remains one and the same international person notwithstanding changes in the form of its Government, in its headship, in its rank and title, in its dynasty. Act of State Doctrine -under this doctrine, the foreign court chooses to uphold and respect the foreign States act done within its territory on the reasoning that if it will not do so, it would imperil the amicable relations between the government and vex the peace of nations. Doctrine of Sovereign Immunity -under this doctrine, a State enjoys immunity from the exercise of jurisdiction by another state. The courts of one State may not assume jurisdiction over another state. -was originally absolute, hence, a State may invoke sovereign immunity irrespective of the nature of its activities.

Restrictions: Sovereign immunity was granted only to acta jure imperii (government act) and not to acta jure gestionis (commercial act). BELLIGERENT AND INSURGENT Communities Insurgents and rebels are regarded as organized groups who are in a state of armed hostility towards an established government on account of political reasons or purposes. -When the insurgency has reached a serious proportion, the rebels, instead of being merely considered insurgents, may be properly called belligerents and their community a belligerent community. This is, however subject to the ff conditions: 1. The hostilities must be of the character of war and carried on in accordance with the laws of war. 2. The end must be political in character 3. The proportions of the revolt must be such as to render the issue uncertain and to make its continuance for a considerable time possible. 4. The conduct of hostilities and general government of the revolting community must be in the hands of the responsible organization.

SELF- DEFENSE - It is right of a state to defend itself from an external aggression. The necessity for self-defense is determined by the party attacked and in the exercise of this right, it has the right to repel force with force. Requisites: under Article 51 1. There is an armed attack] 2. The attack must be against a UN member 3. The security council must not have acted yet Armed Attack The UN charter has no definition of armed attack Whether or not an attack exists and who is responsible for the same will be determined by the Security Council. Collective Self defense - It is the collective right of the members of a particular organization to defend themselves from an aggression or attack which endangers their peace and safety. NATO the parties agreed, among others, that an armed attack against one or more of them in Europe or in North America is considered as an attack against all of them.

SEATO An aggression against any of the signatories will be considered as endangering their peace and safety, in which case, they obligate themselves to meet the common danger in accordance with their constitutional processes.

JUS COGENS Restrictions - A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international Law. UN CHARTER Restrictions - In case of conflict between the obligations of the Members of the UN under the UN charter and their obligations under any other international agreement, their obligations under the UN charter shall prevail. STATUS QUO ANTI VELLUM - Each of the belligerents is entitled to the territory and property which it had possession of at the commencement of the war.

PEACEFUL AND FORCIBLE SANCTIONS Peaceful Sanctions in PIL 1. Diplomatic negotiations 2. Tender and exercise of good offices 3. Mediation 4. Enquiry and conciliation 5. Arbitration 6. Reference to the Security Council of the UN 7. Reference to the International Court of Justice DIPLOMATIC NEGOTIATIONS - It constitutes the process by which States settle their differences through an exchange of views between diplomatic agencies. Discussions may be oral or written, brief or prolonged. TENDER AND EXERCISE OF GOOD OFFICES - It exists when third party, either alone or in collaboration with others, offers to help in the settlement of a dispute. When the offer is accepted, there shall be an exercise of good offices. MEDIATION

- A third party offers to help with a solution, usually based on compromise ENQUIRY - It simply means an ascertainment of the pertinent facts and and issues in a dispute CONCILIATION AND ARBITRATION - It is the reference of the dispute to a commission of international body, whose decision, however , is NOT BINDING on the parties; when the decision is final and conclusive on the parties, the process is referred to as an arbitration. REFERENCE TO THE SECURITY COUNCIL OF THE UN - When no danger to international peace is foreseen, the Security Council may step in, but only if ALL THE PARTIES to the dispute request its intervention. REFERENCE TO REGIONAL ORGANIZATIONS - Under Art. 52 of the UN Charter, regional arrangements or agencies may be established to maintain international peace through regional action and to peacefully settle local disputes before referring them to the security council. Its

function should be reported to the council. However, it should be noted that the existence of these agencies will not prevent the Security Council from itself investigating and settling these disputes. SETTLEMENT BY THE INTERNATIONAL COURT OF JUSTICE - The court shall remain permanently in session except during the judicial vacations, the dates and duration of which shall be fixed by the Court. Jurisdiction of the case - The jurisdiction of the court comprises all cases which the parties refer to it and all matters specifically provided for in the Charter of UN or in the treaties and convention in force. Basis of jurisdiction - It is based on the consent of the parties. Art 36 of the Statute of the international court of justice provides: the states parties to the present statute may at any time declare that they recognize as compulsory ipso facto, and without special agreement, in relation to any other state accepting the same obligation, the jurisdiction of the Court, disputes concerning:

a. The interpretation of a treaty b. Any question of international law c. The existence of any fact which, if established, could constitute a breach of an international obligation; d. The nature or extent of the reparation to be made for the breach of an international obligation. DOES A STATE HAVE THE RIGHT TO WAGE WAR? - The Right to wage war is a prerogative of national sovereignty but it can resort to war only in case of individual or collective self defense, or pursuant to the decision or recommendation of the Security Council to take forcible action against an aggressor; provided, however, that the use of force in self-defense is permitted only while the Security Council has not taken the necessary measures to maintain or restore international peace and security. DOES THE UN CHARTER PROHIBITS WAR? - Article 2 Paragraph 4 of the UN charter provides as follows: All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any

other manner inconsistent with the purposes of the United Nations. 1987 CONSTITUTIONAL PROVISIONS REGARDING WAR: (page 923) 1. RENUNCIATION OF WAR AS AN INSTRUMENT OF NATIONAL POLICY (art.2 sec.2) 2. Declaration of the existence of a State of War (art. 6 sec 23 {1}) 3. Defense of the State (art.2 sec. 4) 4. Emergency powers (art. 6 sec 23 {1}) 5. Martial Law Powers (art 7 sec 18 par.1) 6. Proclamation of martial law is subject to review by the SC (art. 7 sec 18 par 3) 7. A state of martial law is subject to review by the sc

FREEDOM OF NAVIGATION - It refers to the right to sail ships on the high seas, subject only to international law and the laws of the flag state.

FREEDOM OF THE SEAS

- It means that no part of the sea as such can be subjected to the sovereignty of any state. It cannot therefore be incorporated into the territory of any state through occupation. OUTER SPACE (pg 969) - The area that lies beyond the airspace of the Earth. But as to where it begins, there is no universally accepted reference point. - The outer space treaty did not define outer space because of its non-identifiable dimension. Over the years, several definitions have also been supported: 1. It is the limit of the atmosphere 2. It is the limit of air flight 3. It is the point at which the atmosphere will no longer sustain human life 4. It is the lowest point at which a satellite can orbit 5. It is the point at which centrifugal forces replace aerodynamic forces 6. It is the limit of a states effective control over its airspace;and 7. It is the current orbital minimum

TERRA NULLIUS - Territory not yet owned by or belonging to any state UNIVERSAL DECLARATION OF HUMAN RIGHTS - PG 988 - The universal Declaration of human rights was adopted by the UN general Assembly as Resolution 217A (III) on December 10, 1948 and proclaimed as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedom and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among, the peoples of Member States themselves and among the peoples of territories under the jurisdiction. 3 GENERATION OF HUMAN RIGHTS - PG 987-988 First Generation

- They deal essentially with liberty and participation in political life. Second Generation - They are related to equality. They are fundamentally social, economic, and cultural in nature. Third Generation - Those rights that go beyond the mere civil and social, as expressed in many progressive documents of international law, including the 1972 Stockholm Declaration of the UN conference on Human Environment.

ITLOS international tribunal for the law of the sea ICJ International court of justice AT arbitral tribunal SAT Special Arbitral Tribunal