Public International Law Reviewer

PUBLIC INTERNATIONAL LAW
Arellano University School of Law
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JURISDICTION - the authority exercised by a state over persons and things within
- more effective than personal jurisdiction because it is asserted by the state over
or sometimes outside its territory, subject to certain exceptions.
persons and property within its immediate control and subject to its coercive
processes
CLASSIFICATION:
1) personal
The state cannot exercise jurisdiction even within its own territory over:
2) territorial
1) foreign states, heads of states, diplomatic representatives, and consuls to a

certain degree
Jurisdiction may be exercised by a state over:
- exempt because of the sovereign equality of states and on the theory that a
1) its nationals
2) the terrestrial domain
contrary rule would disturb the peace of nations.
3) the maritime and fluvial domain
- diplomats and consuls enjoy the exemption in order that they may have full
4) the continental shelf
freedom in
5) the open seas
cognito)
6) the aerial domain
2) foreign state property, including embassies, consulates, and public vessels
7) outer space
8) other territories
PERSONAL JURISDICTION
- the power exercised by a state over its nationals
- based on the theory that a national is entitled to the protection of his state
wherever he may be, and is bound to it by a duty of obedience and allegiance
- follows him even when he is outside the territory of his state and may not be
excused from it unless he renounces his own nationality (Doctrine of Indelible
Allegiance)
- ARTICLE 15. "Laws relating to family rights and duties, or to the status, condition
and legal capacity of persons, are binding upon citizens of the Philippines, even
though living abroad." (Civil Code)
- ARTICLE 16. "Intestate and testamentary succession, both with respect to the
order of succession and to the amount of successional rights and to the intrinsic
validity of testamentary provisions, shall be regulated by the national law of the
person whose succession is under consideration, whatever may be the nature"
(Civil Code)
- to tax citizens, even if not residing in the Philippines, is also provided for in our
Internal Revenue Code for income received by them "from all sources"
- An alien may be held subject to the laws of a state whose national interest he
has violated, and notwithstanding that the offense was committed outside its
territory.
- Article 2 of the Revised Penal Code punishes any person who, whether in or
the discharge of their official functions (except if travelling in
engaged in non-commercial activities

- public vessels are regarded as extensions of the territory of the state
3) Acts of State
- Every sovereign state is bound to respect the independence of every other
sovereign state, and the courts of one country will not sit in judgment on the acts
of the government of another, done within its own territory.
- Redress of grievances by reason of such act must be obtained through the
means open to be availed of by sovereign powers as between themselves
4) foreign merchant vessels exercising the rights of innocent passage or arrival
under stress
- Innocent passage: navigation through the territorial sea of a state for the
purpose of traversing that sea without entering internal waters, or of proceeding
to internal waters, or making for the high seas from internal waters, as long as it
is not prejudicial to the peace, good order or security of the coastal state.
- Arrival under stress: involuntary entrance may be due to lack of provisions,
unseaworthiness of the vessel, inclement weather, or other cases of force
majeure, like pursuit by pirates
5) Foreign armies passing through or stationed in its territories with its permission
6) Such other persons or property, including organizations like the United Nations,
over which it may, by agreement, waive jurisdiction
- examples: Convention on the Privileges and Immunities of the United Nations,
Convention on the Privileges and Immunities of Specialized Agencies, RP-US
Bases Treaty
outside our territory, should forge or counterfeit Philippine currency, utter such
spurious securities or commit any crime against our national security or the law
of nations.
Land Jurisdiction
- everything found within the terrestrial domain of the state is under its
jurisdiction:
TERRITORIAL JURISDICTION
- General Rule: a state has jurisdiction over all persons and property within its
territory
- the jurisdiction of the nation within its own territory is necessary, exclusive and
absolute.
- nationals and aliens, including non-residents, are bound by its laws, and no
process from a foreign government can take effect for or against them within the
territory of the local state without its permission.
- as against all other states, the local state has exclusive title to all property
within its territory

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Maritime and Fluvial Jurisdiction
beyond that limit, to where the depth of the superjacent waters admits of the
- the internal waters of a state are assimilated to the land mass and subjected to
exploitation of the natural resources of the said areas
the same degree of jurisdiction exercised over the terrestrial domain
b) the seabed and subsoil of similar areas adjacent to the coasts of the lands
- enclosed waters, such as the land-locked lakes, national rivers and man-made
- exclusive in the sense that if the coastal state does not explore the continental
canals are covered
shelf or exploit its natural resources, no one may undertake these activities or
- civil, criminal and administrative jurisdiction is exercised by the flag state over
make a claim to the continental shelf without the consent of the coastal state
its public vessels wherever they may be, provided they are not engaged in
commerce
The Patrimonial Sea
- national ships of war entering the port of a friendly power open for their
- exclusive economic zone
reception are to be considered as exempted by the consent of that
- extends 200 miles from the coast or the baselines.
power from
its jurisdiction
- all living and non-living resources found therin belong exclusively to the coastal
- foreign merchant vessels docked in a local port or bay, jurisdiction is exercised
state
over them by the coastal state in civil matters, but criminal jurisdiction is
determined according to either the English rule or French rule
The Open Seas
- English Rule: the coastal state shall have jurisdiction over all offenses
- high seas
committed on board such vessels, except only where they do not compromise
- res communes and available to the use of all states for purposes of navigation,
the peace of the port
flying over them, laying submarine cables or fishing
- French Rule: the flag state shall have jurisdiction over all offenses committed
- a state may exercise jurisdiction on the open seas:
on board such vessels, except only where they compromise the peace of the
a) over its vessels
port
- In the event of a collision or of any other incident of navigation concerning a
- there is no substantial distinction between the two rules, under either, offenses
ship on the high seas, involving the penal or disciplinary responsibility of the
committed on board the foreign merchant vessel shall be triable by the territorial
master or of any other person in the service of the ship, no penal or disciplinary
sovereign when they constitute a disturbance of its peace and all other offenses
proceeding may be instituted against such persons except before the judicial or
shall be under the jurisdiction of the state whose flag the vessel flies
administrative authorities either of the flag state or of the state of which such
- English rule is applicable in our country
person is a national. (The Lotus Case)
- territorial sea: uniform breadth of 12 miles from the low-water mark of the
b) over pirates
coast (1982 Convention on the Law of the Sea)
c) in the exercise of the right of visit and search
- the waters around, between and connecting the islands of the archipelago,
d) under the doctrine of hot pursuit
regardless of their breadth and dimensions, form part of the internal waters of
the Philippines (Archipelago Doctrine)
Aerial Jurisdiction
- the local state has jurisdiction over the airspace above it to an unlimited height,
The Contiguous Zone
or at the most up to where outer space begins
- "protective jurisdiction"
- no foreign aircraft, civil or military, may
- "in a zone of the high seas contiguous to its territorial sea, the coastal state may
state without its consent
exercise the control necessary to:
- "Five Air Freedoms"
a) prevent infringement of its customs, fiscal, immigration or sanitary regulations
1) the freedom to fly across foreign territory without landing
within its territory or territorial sea
2) the freedom to land for non-traffic purposes
b) punish infringement of the above regulations within its territory or territorial
3) the freedom to put down traffic originating in the state of the aircraft
sea
4) the freedom to embark traffic destined for the state of the aircraft
- may not extend more than 12 miles from the coast of the state
5) the freedom to embark traffic destined for or to put down traffic originating
- extends 12 miles, but from the other limits of the territorial sea
in a third state
pass through the aerial domain of a
- the state of registration of the aircraft has jurisdiction over offenses or acts
The Continental Shelf
committed on board whie it is in flight or over the high seas or any other area
refers to:
outside the territory of any state
a) the seabed and subsoil of the submarine areas adjacent to the coast but
Outer Space
outside the area of the territorial sea, to a depth of two hundred meters or,
- the region beyond the earth's atmosphere

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- not subject to the jurisdiction of any state
secretary
- not subject to national appropriation by claim of sovereignty, by means of use
- is the immediate representative of the head of state and directly under his
or occupation or by any other means
control
- a state launching an object into outer space shall retain jurisdiction and control
- can make binding declarations on behalf of his state on any matter falling within
over such object, and over any personnel thereof, while in outer space or on a
his authority
celestial body
- head of the foreign office

-has direction of all ambassadors and other diplomatic representatives of his
Other Territories
- a state may, by virtue of customary or conventional
government
international law, extend
its jurisdiction beyond its territory and over territory not falling under its
DIPLOMATIC ENVOYS
sovereignty
- regular day-to-day conduct of international affairs is entrusted to the members
- through acquisition of extraterritorial rights
of the foreign service who are accredited by the sending state as its permanent
- Exterritoriality: refers to the exemption of persons and property from the local
envoys to represent it in the states with which it is maintaining diplomatic
jurisdiction on the basis of international custom
relations
- Extraterritoriality: applies only to persons and is based on treaty or
1) Ambassadors or nuncios accredited to heads of state
convention
2) envoys, ministers or internuncios accredited to heads of state
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3) charges d'affaires accredited to ministers of foreign affairs
RIGHT OF LEGATION
THE DIPLOMATIC CORPS
- the exercise of the right of legation is one of the most effective ways of
- a body consisting of the different diplomatic representatives who have been
facilitating and promoting intercourse among states
accredited to the same local or receiving state
- active right of sending diplomatic representatives
- headed by a doyen du corps
- passive right of receiving diplomatic representatives
- doyen du corps: the oldest member with the highest rank

- papal nuncio in catholic countries
AGENTS OF DIPLOMATIC INTERCOURSE
- a loose organization without any corporate character
- diplomatic relations are normally conducted through the:
- does not possess any legal power or attributes
1) head of state
2) foreign secretary or minister
APPOINTMENT OF ENVOYS
3) members of the diplomatic service
- not merely a matter of municipal law because the receiving state is not obliged
- envoys ceremonial: usually sent to attend state functions like a coronation or
to accept any representative who is persona non grata to it
jubilee
- most states now observe the practice of agreation
- envoys political: may be commissioned to negotiate with a particular state or to
- agreation: informal inquiries are addressed to the receiving state regarding a
participate in an international conference or congress
proposed diplomatic representative of the sending state

- only when receiving state manifests its agreement or consent, that the
THE HEAD OF STATE
diplomatic representative is appointed and formally accredited
- regarded as the embodiment of or at least represents the sovereignty of his
- the receiving state is not obliged to give reasons for a refusal of agreement
state
- entitled to certain immunities and honors befitting his status
COMMENCEMENT OF THE DIPLOMATIC MISSION
- his quarters, archives, property, and means of transportation are inviolate
- when head of the mission has presented his credential or when he has notified
under the principle of exterritoriality
his arrival and a true copy of his credentials has been presented to the foreign
- exempt from criminal jurisdiction and from civil jurisdiction
ministry of the receiving state
- not subject to tax or to exchange currency restrictions
- until the receiving state had previously given its agreement to his appointment,
the diplomatic representative cannot claim the usual privileges and immunities of
his office until he is formally accepted
THE FOREIGN SECRETARY
- Credentials of the Diplomatic Agent include:
- the conduct of external affairs is now generally entrusted to the foreign
1) the letter of credence (or lettre de creance)

2) diplomatic passport
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diplomatic agent in the receiving state outside his official functions
3) his official instructions

4) cipher or code book for use in sending secret communications to his
THE HOLY SEE vs ROSARIO
government
The Supreme Court dismissed a civil complaint against the petitioner after the
Department of Foreign Affairs had officially certified that the Embassy of the
DIPLOMATIC FUNCTIONS
Holy See is a duly accredited diplomatic mission to the Republic of the
1) representing the sending state in the receiving state
Philippines exempt from local jurisdiction as entitled to all the rights, privileges,
2) protecting the receiving state the interests of the sending state and its
and immunities of a diplomatic mission or embassy in this country. It was
nationals
further affirmed that the determination of the executive arm of the government
3) negotiating with the government of the receiving state
that a state or instrumentality is entitled to sovereign or diplomatic immunity is
4) ascertaining by all lawful means conditions and developments in the receiving
a political question that is conclusive upon the courts. Where a plea of immunity
state and reporting thereon to the government of the sending state
is recognized and affirmed by the executive branch, it is the duty of the courts
5) promoting friendly relations between the sending and receiving states and
to accept this claim so as not to embarrass the executive arm of the
developing their economic, cultural and scientific relations
government n conducting the country's foreign relations.
CONDUCT OF DIPLOMATIC MISSION
3) Inviolability of Diplomatic Premises
- diplomatic agent must exercise the utmost discretion and tact, taking care
- premises of the mission shall be inviolable
always to preserve the goodwill of the sending state and to avoid interference
- agents of the receiving state may not enter them except with the consent of the
with its internal affairs
head of mission
- receiving state must take all appropriate steps to protect the premises of the
DIPLOMATIC IMMUNITIES AND PRIVILEGES
mission against any intrusion or damage and to prevent any disturbance of the
- fiction of exterritoriality: envoy was considered an extension of the state he was
peace of the mission or impairment of its dignity
representing
- premises of the mission, their furnishings and other property thereon and
- his privileges and immunities are necessary to give the envoy the fullest
means of transport of the mission shall be immune from search, requisition,
freedom or latitude in the exercise of his official functions
attachment or execution
- franchise l'hotel extends de immunity from the local law to the diplomatic
1) Personal Inviolability
premises
- special protection of his person, honor, and liberty
- include envoy's offices, his residence and out-buildings, his means of
- the person of a diplomatic agent shall be inviolable
transportation, and the compound where these are found, which may not be
- not liable to any form of arrest or detention
entered by the local authorities without his permission
- receiving state shall treat him with due respect and shall take all appropriate
steps to prevent any attack on his person, freedom or dignity
4) Inviolability of Archives
- receiving state has no right to pry into the official papers and records of a
2) Immunity from Jurisdiction
foreign diplomatic mission
- diplomatic agent shall be immune from the civil, criminal and administrative
- archives and documents of the mission shall be inviolable at any time and
jurisdiction of the receiving state except in a few specified cases
wherever they may be
- shall enjoy immunity from the criminal jurisdiction of the receiving state
- in case of armed conflict, the archives must remain sealed and may not be
- shall enjoy immunity from its civil and administrative jurisdiction except in the
confiscated by the local state
case of:
a) a real action relating to private immovable property situated in the territory of
5) Inviolability of Communication
the receiving state, unless he holds it on behalf of the sending state for the
- right to free communication is recognized and protected by international law
purposes of the mission
- receiving state shall permit and protect free communication of the part of the
b) an action relating to succession in which the diplomatic agent id involved as
mission for all official purposes
executor, administrator, heir or legatee as a private person and not on behalf of

the sending state
6) Exemption from Testimonial Duties
c) an action relating to any professional or commercial activity exercised by the
- a diplomatic agent is not obliged to give evidence as a witness

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- not prohibited from doing so and may waive this privilege when authorized by
his government
International Law:
5) Recall
7) Exemption from Taxation
6) Dismissal
- diplomatic envoy exempt from taxes, customs duties, and other dues, social
security requirements under certain conditions
Recall
- personal baggage also free from inspection unless there are serious grounds for
- may be demanded by the receiving state when the foreign diplomat becomes
presuming that it contains articles not exempt from customs duties or not
persona non grata to it for any reason
admissible into the receiving state

Dismissal
8) Other Privileges
- where the demand for recall is rejected by the receiving state, or even without
- receiving state shall ensure to all members of the mission freedom of
request for a recall, the receiving state may resort to the more drastic method of
movement and travel in its territory
dismissal
- receiving state shall exempt diplomatic agents from all personal services, from
- offending diplomat is asked to leave the country
all public services, and from military obligation

- mission and its head have the right to use the flag and emblem of the sending
- outbreak of war between sending and receiving states terminates their
state in the premises of the mission, including the residence of the head of the
diplomatic relations which are in fact severed even before the actual
mission, and on his means of transport
commencement of hostilities
- extinction of either state will also have same effect
THE DIPLOMATIC SUITE OR RETINUE
- diplomatic relations are not disturbed if there is peaceful change of government
- immunities and privileges available to:
- diplomatic relations may be suspended if change of government is effected by
1) head of mission
means of violence
2) his family
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3) members of the diplomatic retinue

- Diplomatic Retinue: consists of the diplomatic staff, the administrative and
CONSULS
technical staff and the service staff
- state agents residing abroad for various purposes but mainly in the interest of
- private servants who are not nationals or permanent residents of the receiving
commerce and navigation
state are exempted from dues and taxes on their income from the mission
- not diplomatic agents

- not charged with the duty of representing their states in political matters nor
DURATION
are accredited to the state where they are supposed to discharge their functions
- diplomatic privileges and immunities are enjoyed the moment the entitled
- do not ordinarily enjoy all the traditional diplomatic immunitites and privileges
person enters the territory of the receiving state on proceeding to take up his
- entitled to a special treatment under the law of nations
post, or if already there, the moment his appointment is notified to the foreign
ministry
Kinds and Grades
- privileges and immunities cease from the moment he leaves the country when
1) Consules Missi
his functions come to an end
- professional or career consuls who are nationals of the appointing state
- privileges and immunities available to him and his family not only in situ but as
- required to devote their full time to the discharge of their consular duties
well as in transitu (when travelling through a third state on the way or from the
2) Consules Electi
receiving state, so far as may be necessary to secure his transit or return
- may or may not be nationals of the appointing state

- perform their consular functions only in addition to their regular callings
TERMINATION OF DIPLOMATIC MISSION

Municipal Law:
Classification
1) Death
1) Consul-General
2) Resignation
2) Consul
3) Removal
3) Vice-Consul
4) Abolition of the Office
4) Consular Agent

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- given adequate opportunity to secure their release on bail at the earliest

Appointment
possible time
Consuls derive their authority from two principal sources:
- immune from suit when the acts complained of were performed in the course
1) letter patent or lettre de provision
of official duties
- commission issued by the sending state
- generally exempted from taxation, customs duties, service in the militia, and
2) exequatur
social security rules
-authority given to them by the receiving state to exercise their duties therein
- privileged to display their national flag and insignia in the consulate
- Consuls are public officers of both sending and receiving states
- immunities and privileges of consuls are also vailable to the members of the
- are governed by the laws of both states
consular post, their families and the private staffs
- the severance of diplomatic relations shall not ipso facto involve the severance
of consular relations
Termination of Consular Mission

- may end as a result of removal, resignation, death, expiration of the term
Functions
- exequatur may be withdrawn by the receiving state
- Commerce and Navigation
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- duties respecting the issuance of passports and visas

- duties of protection of nationals
TREATIES
- to promote the commercial interests of their country in the receiving state

- to observe the commercial trends and developments therein for report to their
Treaty - a formal agreement, usually but not necessarily in writing, which is
home government
entered into by states or entities possessing the treaty-making capacity, for the
- perform duties related to navigation and inspecting vessels of their own states
purpose of regulating their mutual relations under the law of nations
which may be in the consular district
- embraces conventions, declarations, covenants, acts, concordats
- exercises a measure of supervision over such vessels
- agreements, when intended to create legal as distinguished from moral
- adjusts matters pertaining to their internal order and discipline
obligations, are binding on the parties
- visiting and inspecting foreign vessels destined for a port of the sending state
- executive agreement is not a treaty
- issue passports to nationals of the sending state,
- Executive Agreement: concurrence thereto of the Senate is not required under
- visa passports
our Constitution
- issue documents relating to entry into and travel within the territory of the
sending state
Functions of Treaties
- visa invoices and certificates of origin of good s destined for the territory of that
1) enable parties to settle finally actual and potential conflicts
state
2) they make it possible for the parties to modify the rules of international
- authenticate documents
customary law by means of optional principles or standards
- solemnize marriages
3) may lead to a transformation of unorganized international society into one
- register births and deaths
which may be organized on any chosen level of social integration
- temporarily administer the estates of the deceased nationals within their
4) they frequently provide the humus for the growth of international customary
consular district
law
- advise and adjust differences between their fellow nationals

- visit them when they are arrested or detained by the receiving state
Essential Requisites of a Valid Treaty

a) must be entered into by parties with the treaty-making capacity
Immunities and Privileges
b) through their authorized representatives
- have a right to official communication and correspondence with their home
c) without the attendance of duress, fraud, mistake, or other vice of consent
government without being subjected to censorship or unreasonable restraint
d) on any lawful subject-matter
- enjoy inviolability of their archives which may not be examined or seized by
e) in accordance with their respective constitutional processes
the receiving state (this immunity does not extend to consular premises)
- exempted from the local jurisdiction for crimes committed by them in the
discharge of their official functions
a) Treaty-Making Capacity
- usually not prosecuted for minor offenses
- all states have full treaty-making capacity unless limited by reason of their

status or by
previous self-imposed inhibitions
b) Authorized Representatives
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- treaties not registered and publishes with the UN Secretariat are not null and
void
- municipal law determines which organ of the state shall be empowered to enter
into treaties in its behalf
Binding Effect of Treaties
- Our Constitution authorizes the President to make treaties, subject to the
- a treaty is binding only on the contracting parties, including not only the original
concurrence of 2/3 of all the members of the Senate
signatories but also other states which, although they may not have participated
c) Freedom of Consent
in the negotiation of the agreement, have been allowed by its terms to sign it
- fraud or mistake will invalidate a treaty as it would an ordinary contract
later by a process known as accession
- a treaty forced upon the person of the negotiator is unquestionably null and
- non-parties are usually not bound under the maxim pacta tertiis nec nocent nec
void ab initio
prosunt
d) Lawful Subject Matter
- thrid states may be validly held to the observance of or benefit from the
- a treaty with unlawful purposes, which is contrary to international conventions
provisions of a treaty if it is merely a formal expression of customary
and public morality, would be null and void
international law which is enforceable on all civilized states because of their
e) Compliance with Constitutional Processes
membership on the family of nations
- treaty-making process governed by international law
- parties to unrelated treaties may also be linked by the most-favored-nation
- method of ratification governed by municipal law
clause
- non-compliance with this requisite will prevent enforcement of the treaty even
if already signed by authorized negotiators
most-favored-nation treatment from the other may claim the benefits
Most-Favored-Nation
Clause:
contracting
state
entitled
to
extended by the latter to another state in a separate agreement

Treaty-making Process
1) Negotiation - undertaken directly by the head of state or his authorized
Observance of Treaties
representatives
- Pacta sunt servanda - one of the fundamental rules of international law
- one of the parties submits a draft of the proposed treaty which together with
- requires the performance in good faith of treaty obligations
the counter-proposals, becomes the basis of subsequent negotiations

2) Signature - after negotiators finally decide on the terms of the treaty, the same
Tanada v. Angara
is opened for signature
One of the oldest and fundamental rules in international law is pacta sunt
- signature authenticates the instrument and to symbolize good faith of the
servanda - international agreements must be performed in good faith. A treaty
parties
engagement is not a mere moral obligation but creates a legally binding
- document signed in accordance with the alternat, each of the several
obligation on the parties. A state which has contracted valid international
negotiators sign first on the copy which he will bring home to his own state
obligations is bound to make in its legislations such modifications as may be
3) Ratification - the formal act by which a state confirms and accepts the
necessary to ensure the fulfillment of the obligations undertaken.
provisions of a treaty concluded by its representatives

- purpose is to enable the contracting states to examine the treaty more closely
By their inherent nature, treaties really limit or restrict the absoluteness of
- an unratified treaty cannot be a source of obligations between the parties
sovereignty. By their voluntary act, nations may surrender some aspects of their
- a treaty which has been ratified without proper observance of these
state power in exchange for greater benefits granted by or derived from a
requirements is ipso facto invalid, whatever the proclamation of the head of
convention or pact. After all, states, like individuals, live with coequals, and in
state may assert in that respect
pursuit of mutually covenanted objectives and benefits, they also commonly
- in the Philippines, the power to ratify treaties is vested in the President and not
agree to limit the exercise if their otherwise absolute rights. Thus, treaties have
in the legislature
been used to record agreements between States concerning such widely diverse
- role of Senate is only to give or withhold its consent to the ratification
matters as, for example, the lease of naval base, the sale or cession of territory,
4) Exchange of the instruments of ratification
the termination of war, the regulation of conduct of hostilities, the formation of
- signifies the effectivity of the treaty unless a different date has been agreed
alliances, the regulation of commercial relations, the settling of claims, the laying
upon by the parties
down of rules governing conduct in peace and the establishment of international
- a treaty does not cease to be binding between the parties and may be the basis
organizations. The sovereignty of a state therefore cannot in fact and in reality be
of a litigation before some arbitral or judicial body not connected with the United
considered absolute. Certain restrictions enter into the picture: (1) limitations
Nations
imposed by the very nature of membership in the family of nations and (2)

limitations imposed by the treaty stipulations.
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- conflicts in interpretation may be resoved only by agreement of the parties

themselves or by an international body and not unilaterally by the national courts
- when a treaty conflicts with the constitution of one of the parties, the former is
of the contracting parties
nevertheless internationally binding although unenforceable under municipal
- decisions of such courts are received with respect but not as authority
law.
- peculiarities of constitutional structure are without international significance to
Termination of Treaties
other states
1) by expiration of the term (may be fixed or subject to a resolutory condition)
- Statute vs Treaty : on equal footing so the latter law will prevail (superseded)
2) by accomplishment of the purpose
- General vs Special: general law cannot prevail over special law
3) by impossibility of performance
- new law prevails over existing treaty
4) by loss of the subject-matter
- pacta sunt servanda
5) by desistance of the parties (through express mutual consent, desuetude or
- one can always ask for the revision of a treaty, amend its constitution to make it
denunciation or withdrawal)
conform to the treaty or pay damages to the other parties for its inability to
6) by novation
comply with its commitments
7) by extinction of one of the parties (bipartite treaties)

8) by vital change of circumstances under the doctrine of rebus sic stantibus
Doctrine of Rebus Sic Stantibus
9) by outbreak of war between the parties
- the equivalent exception to the maxim pacta sunt servanda
10) by voidance of the treaty because of defects in its conclusion, violation of its
- constitutes an attempt to formulate a legal principle which would justify
provisions by one of the parties, or incompatibility with international law or the
non-performance of a treaty obligation if the conditions with relation to which
UN Charter
the parties contracted have changed so materially and so unexpectedly as to
------------------------------------------------------------------------------------------------------------
create a situation in which the exaction of performance would be unreasonable

- subject to limitations:
NATIONALITY AND STATELESSNESS
a) it applies only to treaties of indefinite duration
- individual is merely an object and not a subject of international law
b) the vital change must have been unforeseen or unforeseeable and should not
- he is not directly governed by its rules both in enjoyment of rights and in the
have been caused by the party invoking the doctrine
performance of duties
c) the doctrine must be invoked within a reasonable time
- statelessness: no remedy of diplomatic claim
d) it cannot operate retroactively upon the provisions of the treaty already
an individual for there would be no entity with international personality (state)
executed prior to the change of circumstances
to intercede for him for the protection and vindication of his rights under the
generally available on behalf
law of nations
Treaty Interpretation
- the basic law in interpretation of treaties is to give effect to the intention of the
Nationality - the tie that binds an individual to his state, from which he can claim
parties
protection and whose laws he is obliged to obey
- discoverable in the terms of the treaty itself, which has an official text or texts
- membership in a political
to be used in case of conflicts in interpretation
obligations
- most treaties contain a "protocol" or "agreed minutes" in which certain terms
- used interchangeably with citizenship
used in the body are defined and clarified
- Citizenship: has a more exclusive scope in that it applies only to certain
- specific provisions must be read in light of the whole instrument and the
members of a state accorder more privileges than the rest of the people who
purposes of the treaty
also owe it allegiance
community with all its concomitant rights and
- words used are to be given their natural meaning unless a technical sense was
intended
Acquisition of Nationality
- when they have different meanings in the contracting states, should be
- acquired by birth or by naturalization
interpreted in accordance with the usage of the state where they are supposed
- jure soli: an individual acquires the nationality of the state where he is born
to take effect
- jure sanguinis: acquires the nationality of his parents
- doubts should be resolved against the imposition of obligations and in favor of
- naturalization: a process by which a foreigner acquires, voluntarily or by
the freedom and sovereignty of the contracting parties
operation of law, the nationality of another state
- intrinsic and extrinsic aids
- may be direct or derivative

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- Within a third state, a person having more than one nationality shall be
Direct Naturalization
treated as if he had only one. Without prejudice to the application of its law in
- effected by:
matters of personal status and of any convention in force, a third state shall, of
1) individual proceedings (usually judicial, under general naturalization laws)
the nationalities which any such person possesses, recognize exclusively in its
2) special act of the legislature (in favor of distinguished foreigners who have
territory either the nationality of the country in which he is habitually and
rendered notable service to local state)
principally resident or the nationality of the country with which in the
3) collective change of nationality (naturalization en masse as a result of cession
circumstances he appears to be in fact most closely connected (Principle of
or subjugation)
Effective or Active Nationality)
4) adoption of orphan of minors as nationals of the state where they are born
Statelessness
Derivative Naturalization
- the condition or status of an individual who is born without any nationality or
- conferred on:
who loses his nationality without retaining or acquiring another
1) the wife of the naturalized husband
- examples:
2) the minor children of the naturalized parent
1) child born in a state where only the jus sanguinis is recognized to parents
3) the alien woman upon marriage to a national
whose state observes only the jus soli
- not automatic because it is subject to restrictions and conditions
2) an individual after renouncing his original nationality in order ti be naturalized
- in Philippine laws, an alien woman married to a Filipino shall acquire his
in another state is subsequently denaturalized and is thereafter denied
citizenship only if she herself must be lawfully naturalized
repatriation by his former country
- marriage does not cause someone to loss of his citizenship unless his Filipino
- individual is powerless to assert any right that otherwise would be available to
citizenship is expressly renounced by him (RA 9225, Citizenship Act of 2003)
him under international law were he a national of a particular state
- a Filipino who marries an alien ipso facto acquires his spouse's citizenship but is
- any wrong suffered by him through the act or omission of a state would be
dependent on his qualifications for naturalization
damnum absque injuria for in theory, no other state had been offended and no
international delinquency committed as a result of the damage caused upon him
Multiple Nationality
- any injury to the individual by a foreign jurisdiction is not a violation of his own
- possessed of more than one nationality due to the concurrent application to
right but of the right of the state to the protection of its nationals
him of the municipal laws of the states claiming him as their national
- the right to complain does not belong to him but to the state of which he is a
- an individual may be compelled to retain his original nationality
national
notwithstanding that he has already renounced or forfeited it under the laws of
- children shall have the nationality of the state of their birth whenever their
a second state whose nationality he has acquired (Doctrine of Indelible
parents are:
Allegiance)
a) unknown
- a state may allow any of its nationals to remain as such even if he may have
b) stateless or of unknown nationality
acquired another nationality (honorary citizenship by a government)
c) a mother who is a national of the state where they are born

- in case of naturalization, the wife and children retain their existing nationality if
Loss of Nationality
they are not also naturalized
- lost voluntarily or involuntarily
- the wife will acquire her husband's new nationality, if permitted, only with her
- Voluntary Methods: precede the acquisition if a new nationality
consent
a) renunciation (express or implied)
- the adopted child's existing nationality is also not lost if he does not acquire the
b) request for release
adopter's nationality
- Involuntary Methods:
- a stateless individual is not entirely without recourse under the law of nations
a) forfeiture (a result of disqualification of prohibited act like enlistment in a
- he is entitled to:
foreign army)
1) the right to religion and religious instruction
b) long continued residence in a foreign state
2) access to courts
c) substitution of one nationality for another following a change of sovereignty
3) elementary education
d) any act conferring derivative naturalization
4) public relief and assistance and rationing of products in short supply

5) treatment no less favorable than that accorded to aliens
Conflict of Nationality Laws
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TREATMENT OF ALIENS
Failure of Protection or Redress
- aliens must be treated justly, in accordance with the law of nations
- the state may be held liable if it does not make reasonable efforts to prevent
- if this duty is not observed, the alien and his state would have valid cause for
injury to the alien or fails to repair such injury
complaint
- responsibility does not immediately attach to the state upon a showing of a
- the alien is not entitled to special treatment over and above that accorded the
failure to prevent or redress an injury to aliens
national of the local state
- Direct and Indirect Responsibility
- the alien cannot claim a preferred position vis-a-vis the national of the state
- Direct Responsibility: where the international delinquency was committed by
where he is only a guest
superior government officials or organs like the chief of state or the national
- foreigner may not enjoy the right to vote, to run for public office, to exploit
legislature, liability will attach immediately as their acts may not be effectively
natural resources, or to engage in certain businesses regarded as vital to the
prevented or reversed under the constitution and laws of the state
interests of the local state
- Indirect Responsibility: where the offense is committed by inferior government
- the foreigner must accept the institutions of the local state as he finds them
officials or by private individuals, the state will be held liable only if by reason of
- the state is not an insurer of the life of property of alien when he is within its
its indifference in preventing or punishing it, it can be considered to have
territory
connived in effect in it is commission
The Doctrine of State Responsibility
Exhaustion of Local Remedies
- there are instances when the alien can claim a more favored position than the
- enforcement of state liability for an international delinquency cannot be
national of the local state, and in proper cases, hold the state liable for injuries
claimed by the injured foreigner unless he first exhausts all available local
committed against him while within its territory
remedies for the protection or vindication of his rights
- these instances are governed by the Doctrine of State Responsibility
- corollary of the principle that the foreigner must accept the institutions of the
- the state may be held responsible for:
state as he finds them
a) an international delinquency
- the state must be given an opportunity to do justice in its own regular way and
b) directly or indirectly imputable to it
without unwarranted interference with its sovereignty by other states
c) which causes injury to the national of another state
- where there is a judicial remedy, it must be sought, and only if it is sought in
- liability will attach to the state where its treatment of the alien falls below the
vain does diplomatic imposition become proper
international standard of justice or where it is remiss in according him the

protection of redress that is warranted by the circumstances
Resort to Diplomatic Protection
- function is to assure the traveler that when his rights are violated in a foreign
- if the foreigner has exhausted all local remedies but without success, he may
state, he will not be denied any remedy simply because he is not one of its
then avail himself of the assistance of his state, but only if he has a state
nationals
- any injury to an alien is a violation not of his own personal right but of the right
of his state to have its nationals protected whenever they are in a foreign country
The International Standard of Justice
- where the injured alien is stateless, his case will be one damnum absque injuria
- a concept of controversial content that has defied precise definition
and cannot be the subject of diplomatic protection
- it is the standard of the reasonable state, as referring to the ordinary norms of
- the tie of nationality is required to exist from the time of the injury until the
official conduct observed in civilized jurisdictions
time the international claim is finally settled
- it is deemed not satisfied if the laws of a state are intrinsically unjust as when
- the United Nations may file a diplomatic claim on behalf of its officials
there is a marked disproportion between the degree if an offense and the penalty
imposed for it
Enforcement of Claim
- the laws will also be below this standard if they authorize the summary decision
- an international claim for damages may be resolved through negotiation or, if
of contentious cases without the observance of the usual rights to notice and
this fails, any of the other methods of settling disputes, like good offices,
hearing and other requirements of due process
arbitration, and judicial settlement
- laws falling below the international standard of justice applicable to the
- hostile and forcible measures have been employed
nationals of the state and made applicable to aliens is not a defense
- war has been resorted to as a means of compelling compliance with the
- this view is more generally favored as against the doctrine of equality of
demands of the injured state
treatment
- when the responsibility of the state is established or acknowledged, the duty to

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make reparation will arise
prosecution or, if already convicted, for punishment
- Forms of Reparation:
- different from deportation since it is effected at the request of the state of
1) Restitution
origin
2) Satisfaction
- deportation is the unilateral act of the local state
3) Compensation
- extradition is based on offenses committed in the state of origin whereas
- the settlement may consist of the restoration or replacement of the object of
deportation is based on causes arising in the local state
the offense, a formal apology by the delinquent state and payment of damages
- extradition calls for the return of the fugitive to the state of origin
as well
- an undesirable alien maybe deported to a state other than his own or the state
of origin
Avoidance of State Responsibility

- doctrine of state responsibility applied more frequently to tortious rather than
Basis of Extradition
contractual liability because of the unwillingness of most states to act as
- extradition of a person is required only if there is a treaty between the state of
"collection agencies" for their nationals entering into private agreements with or
refuge and the state of origin
in foreign countries
- in the absence of such a treaty, the local state has every right to grant asylum to
- to avoid the intervention of the alien's state in contracts of this nature, the local
the fugitive and to refuse to deliver him back to the latter state even if he is its
state incorporates therein the Calvo clause
national
- Calvo Clause: a stipulation by which the alien waives or restricts his right to
appeal to his own state in connection with any claim arising from the contract
Fundamental Principles of Extradition
and agrees to limit himself to the remedies available under the laws of the local
1) Extradition is based on the consent of the state of asylum as expressed in a
state
treaty or manifested as an act of goodwill
- Calvo clause may be enforced as a lawful condition of the contract
2) Under the principle of specialty, a fugitive who is extradited may be tried only
- it may not be interpreted to deprive the alien's state of the right to protect or
for the crime specified in the request for extradition and included in the list of
vindicate his interests in case they are inquired in another state as such waiver
offenses in the extradition treaty. If he is charged with any other offense
can legally be made not by him but by his own state
committed before his escape, the state of refuge, and not the accused, has a right
- an alien may lawfully make such promise as embodied in the Calvo clause but
to object, nevertheless, the prosecution will be allowed if the extraditing state
he cannot deprive his own state of its right of applying international remedies to
agrees or does not complain
violations of international law committed to his damage
3) Any person may be extradited, whether he be a national of the requesting

state, of the state of refuge or of another state. The practice of many states now,
Exclusion of Aliens
however, is not to extradite their own nationals but to punish them under their
- state may avoid liability by refusing the admission of aliens
own laws in accordance with the nationality principle of criminal jurisdiction
- this is not regarded as sound policy since it would provoke retaliation in kind
4) Political and religious offenders are generally not subject to extradition. It has
and ultimately isolate its nationals from the rest of the international community
been held that in order to constitute an offense of a political character, there
- indiscriminate entry of aliens is not allowed because it might pose a danger to
must be two or more parties in the state, each seeking to impose the government
the welfare and especially the security of the admitting country
of their own choice on the other
- the practice of most states is to regulate the immigration and stay of aliens and
- everyone has the right to seek and enjoy in other countries asylum from
to provide for their deportation whenever warranted
persecution
- arrangements for extradition of alien fugitives may be made
- this right may not be invoked in the case of prosecutions generally arising from
- Deportation: the removal of an alien out of a country, simply because his
non-political crimes or from acts contrary to the purposes and principles of the
presence is deemed inconsistent with the public welfare, and without any
United Nations
punsihment being imposed or contemplated, either under the laws of the
5) In the absence of special agreement, the offense must have been committed
country out of which he is sent, or under those of the country to which he is
within the territory or against the interests of the demanding state
taken
6) the act for which the extradition is sought must be punishable in both the
- Exclusion: the denial of entry to an alien
requesting what is known as and requested states under the rule of double
criminality
Extradition
Procedure of Extradition
- the surrender of a person by one state to another state where he is wanted for
1) a request for extradition is presented through diplomatic channels to the state

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of refuge
5) Conciliation
2) upon receipt of request, the state of refuge will conduct a judicial investigation
6) Arbitration
to ascertain if the crime is covered by the extradition treaty and if there is a
7) Judicial Settlement
prima facie case against the fugitive according to its own laws
8) Resort to regional and international organizations
3) if there is prima facie evidence, a warrant of surrender will be drawn
- they all involve participation if a third party, such as a state or a prestigious
4) the fugitive will be delivered to the state of origin
statesman or jurist, except Negotiation
- abduction of the national in the state of refuge back to the state of origin is not
allowed under international law as they constitute a violation of the territorial
Negotiation
integrity of the state of refuge
- the first step taken in the settlement of an international dispute

- the discussion undertaken by the parties themselves of their respective claims
SECRETARY OF JUSTICE v. LANTION
and counterclaims with a view to their just and orderly adjustment
The Supreme Court originally sustained the demand of Mark Jimenez to be
- where talks prosper and agreement is reached, it is formalized through a treaty
informed of the charges against him in the US request for his extradition. On
or effected through rectification of the inquiry caused to the claimant state
motion for reconsideration, however, the decision was reversed, also by an 8-6
vote, on the ground that such charges were still being evaluated and no
Inquiry
complaint for extradition had as yet been filed in court.
- an investigation of the points in question, on the theory that their elucidation
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will contribute to the solution of the differences between the parties

- findings of the party making the inquiry are not conclusive upon the disputing
SETTLEMENT OF INTERNATIONAL DISPUTES
states but they may exert a strong moral influence
- a dispute exists when one state claims that another state should behave in a
conflict
in the settlement of the
certain manner and that claim is rejected by the latter

- International Dispute: an actual disagreement between states regarding the
Good Offices
conduct to be taken by one of them for the protection or vindication if the
- a method by which a third party attempts to bring the disputing states together
interests of the other
in order to enable them to discuss the issues in contention and arrive at an
- Situation: where the disagreement has not yet ripened to a full-blown conflict
agreement
or the issues have not yet been sufficiently formulated and defined
- employed when the parties are no longer in speaking terms and when they have
- a situation is the initial stage of a dispute
severed diplomatic relations or have actually commenced hostilities
- Legal Dispute: involves justiciable rights based on law or fact susceptible of

adjudication by a judicial or arbitral tribunal
Mediation
- Political Dispute: it cannot be decided by legal processes on the basis of the
- a more active involvement than good offices
substantive rules of international law because the differences of the parties
- the third party does not merely provide for the opportunity for the antagonists
spring from animosities in their mutual attitudes rather than from an antagonism
to negotiate but also actively participates in their discussions in order to reconcile
of legal rights
their conflicting claims and appease their feelings of resentment

- the suggestions of the mediator are merely persuasive, and may be rejected
Methods of Settling Disputes
without offense by the parties to the dispute
- disputes must be settled, conformably to one of the basic principles of the

United Nations, by
peaceful means, in such manner that international peace
Conciliation
and security, and justice, are not endangered
- calls for the active participation of a third party in the attempt of the disputants
- states have on many occasion found it necessary to settle their disputes by
to settle their conflict
themselves alone without regard to higher authority
- the recommendations made by it are likewise not binding

- the services of the conciliator are bit offered by the third party but solicited by
Amicable Methods
the parties in dispute, unlike in mediation
1) Negotiation
2) Inquiry
3) Good offices
Arbitration
4) Mediation
- the solution of a dispute by an impartial third party, usually a tribunal created

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by the parties themselves under a charter known as the compromis which will
2) Reprisals
provide for the composition of the body and the manner of the selection of its
3) Interventions
members, it rules of proceedings and sometimes even the law to be resolved

- proceedings are usually judicial and the award is, by previous agreement,
Retorsions
binding on the parties to the dispute, unlike in conciliation
- any action taken in retaliation where the acts complained of do not constitute a
- similar to judicial settlement not only on the nature of the proceedings and the
legal ground of offense but are rather in the nature if unfriendly acts but
binding character of the decisions but also in the fact that the disputes submitted
indirectly hurtful to other states
for adjudication are legal rather than political
- act of retaliation is also unfriendly but not illegal
- consent to jurisdiction of the International Court of Justice is not compulsory
- may be in kind or of a different nature than the act that provoked it
and depends on the agreement of the parties
- Examples:
- consent is manifested in a treaty containing the "compromissary clause"
a) severance of diplomatic or consular relations
- Compromissary Clause: empowers the Court to settle disputes arising from the
b) suspension of commercial intercourse
interpretation or the application of such treaty or through the "optional
c) boycott
jurisdiction clause"
d) stoppage of travel to the other state

e) denunciation of treaties
Arbitration v. Judicial Settlement
f) imposition of higher tariffs and other trade barriers
1) Judicial Settlement: pre-existing and permanent body
g) currency restrictions
Arbitration: arbitral tribunal is an ad hoc body created and filled by the parties to
h) denial of loans
the dispute
i) withdrawal of privileges previously enjoyed
2) Judicial Settlement: jurisdiction is compulsory
j) recognition of a rival government
Arbitration: submission to arbitration is voluntary
k) adverse propaganda
3) Judicial Settlement: law applied by the tribunal is independent of the will of

the parties
Reprisals
Arbitration: law applied by the tribunal may be limited by the parties in
- an act of self-help on the part of the injured state, responding after an
arbitration proceedings
unsatisfied demand to an act contrary to international law on the part of the

offending state
Action by Regional Organizations
- have the effect of suspending momentarily in the relations of the two states the
- may be resorted to by the parties on their own volition or taken by the body
observance of the rules of international law
itself at its own instance if allowed by agreement of the members
- limited by the experience of humanity and the rules of good faith, applicable in
- several organizations now exist in the various regions of the world but with
the relation of state with state
varying degrees of effectiveness depending on their respective charters
- would be illegal if a previous act contrary to international law had not furnished
the reason for them
Hostile Methods
- aim to impose on the offending state reparation for the offense or the return to
- when the pacific methods of settling disputes are unsuccessful, states
legality in avoidance of new offenses
sometimes find it expedient to resort to what are known as the hostile or

non-amicable methods
Common Forms of Reprisals
- unfriendly methods
1) display of force
- may involve illegal and coercive acts
- deployment of fleet pending compliance of a demand by offended state
- usually imposed upon weak countries by strong powers
2) occupation of territory
- regarded as mild alternative compared to war
- seizing of territories of the offending state
- they may avoid the necessity if creating a more serious state of hostilities which
3) embargo
might not be justified by the nature of the dispute
- the detention by the state seeking redress of the vessels of the offending state
or its nationals, whether such vessels are found in the territory of the former or
on the high seas
CLASSIFICATIONS
4) pacific blockade
1) Retorsions
- the vessels of the offending state are prevented from entering or leaving its

ports by the ships of the state seeking redress
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- UN Preamble: "determined to save succeeding generations from the scourge of

war which twice in our lifetime has brought untold sorrow to mankind"
The United Nations
- all UN members are called upon to abstain from the use of force in the solution
- in the event that none of the methods succeed in settling the dispute, or even if
of international differences and to see to it that even non-members comply with
they are not employed, the United Nations may be asked or may decide on ot
its declared principles so far as may be necessary for the maintenance of
own authority to take a hand in its settlement
international peace and security
- addressed principally to the Security Council
- the use of force is allowed in two instances only:
- Security Council shall have jurisdiction to intervene in:
1) in the exercise of the inherent right of self-defense
a) all disputes affecting international peace and security
2) in pursuance of the so-called enforcement action that may be decreed by the
b) all disputes which although coming under the diplomatic jurisdiction clause,
Security Council
have been submitted to it by the parties for settlement

- if measures of the Security Council also prove unavailing, it may recommend
Laws of War
such actual terms of settlement as it may consider appropriate (compulsory
1) The Declaration of Paris of 1856 (warfare at sea)
settlement)
2) The Hague Conventions of 1899 (use of expanding bullets and asphyxiating
- where terms of settlement are rejected by the parties, the Security Council is
gases)
empowered to take more drastic steps:
3) The Hague Conventions of 1907 (opening of hostilities, the laws and customs
1) Preventive Actions - measures adopted not involving the use of armed force
of warfare o land, conversion of merchant ships into warships, the laying of
- involves complete or partial interruption if economic relations and of rail, sea,
automatic submarine contact mines, naval bombardment, exercise of right of
air, postal, telegraphic, radio and other means of communication
capture in naval warfare, discharge of projectiles from balloons, adaptation to
- severance of diplomatic relations
maritime warfare if the Geneva Convention 1864 rules, treatment of the
2) Enforcement Action - done when preventive actions prove inadequate
wounded in land warfare, rights and duties of neutrals in land warfare and naval
- includes demonstrations, blockades and other operations by air, sea, or land
warfare)
forces of members of the United Nations
4) The Geneva Convention of 1925 (use of asphyxiating, poisonous and other
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gases and of bacteriological methods of warfare)

5) The Geneva Convention of 1929 (treatment of the sick and wounded and
WAR
prisoners of war)
- either a specific action or a specific status
6) The Declaration of London of 1936 (use of submarines against merchant
- As a Specific Action: war may be defined as an armed contention between the
vessels)
public forces of states or other belligerent communities, implying the
7) The Geneva Convention of 1949 (amelioration of the sick and wounded on
employment of violence among the parties as a means of enforcing their
land, amelioration of the sick and wounded and of shipwrecked members of the
respective demands upon each other
armed forces at sea, treatment of prisoners of war, protection of civilian persons
- As a Specific Status: war may exist even without the use of force, as when one
in war)
state formally refuses to be governed by the laws of peace in its relations with
8) The Nuclear Nonproliferation Treaty
another state even if actual hostilities have not taken place between them
- the employment of force by one state against another does not necessarily
Sanctions for Non-adherence to the Laws of War
result in war
1) protest lodged by one belligerent (usually accompanied or followed by an
- like any fact to which international law attaches certain consequences, the fact
appeal to world opinion against the unlawful acts of warfare committed by the
"war" must be ascertained by the competent authorities. As long as no objective
other belligerent)
authority is established, it is for the states concerned to ascertain the existence if
2) reparation for damages caused by the defeated belligerent
the fact "war in the international sense (Kelsen)
3) punishment of war criminals
Outlawry of War
Commencement of War
- was accepted as a legitimate means of compulsion, provided it was a reaction to
- hostilities must not commence without a previous and explicit warning, in the
an international delict (it was a "just" war or bellum justum)
form of either of a reasoned declaration of war or of an ultimatum with
- the Charter of the United Nations is categorically committed to the outlawry of
conditional declaration
war
- war is supposed to commence on the date specified in the declaration or on the

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date it is communicated to the enemy
- provided they are:
- war is supposed to commence from the moment of the first act of force
a) commanded by a person responsible for his subordinates
committed by one state with intent of making war or committed without such
b) wearing a fixed distinctive sign recognizable at a distance
intent but considered by the other state as constituting war
c) carrying arms openly
- war may start with a declaration of war, with the rejection of an ultimatum, or
d) conducting their operations in accordance with the laws and customs of war
with the commission of an act of force regarded by at least one of the
3) inhabitants of unoccupied territory
belligerents as an act of war
- on approach of the enemy, spontaneously take arms to resist the invading

troops without having had time to organize themselves
Effects of the Outbreak of War
- they carry arms openly and observe the laws and customs of war
1) the laws of peace cease to regulate the relations of the belligerents and are
- referred to as levee en masse
superseded by the laws of war. third states are governed by the laws of neutrality
4) officers and crew of merchant vessels who forcibly resist attack
in their dealings with the belligerents

2) diplomatic and consular relations between the belligerents are terminated and
Rights of Prisoners of War
their respective representatives are allowed to return ti their own countries
1) to be accorded the proper respect commensurate with their rank
3) treaties of a political nature are automatically canceled, but those which are
2) adequate food and clothing
precisely intended to operate during war are activated. Multipartite treaties
3) safe and sanitary quarters
dealing with technical or administrative matters are deemed merely suspended
4) medical assistance
as between the belligerents
5) refuse to give military information or render military service against their own
4) individuals are impressed with enemy character:
state
a) under the nationality test: if they are nationals if the other belligerent
6) communicate with their families
b) under the domiciliary test: if they are domiciled aliens in the territory of the
other belligerent, on the assumption that they contribute to its economic
Conduct of Hostilities
resources
- basic principles underlying the rules of warfare:
c) under the activities test: if being foreigners, they participate in the hostilities in
1) Principle of Military Necessity
favor of the other belligerent
2) Principle of Humanity
5) enemy public property found in the territory of the other belligerent at the
3) Principle of Chivalry
outbreak of hostilities is subject to confiscation. Enemy private property may be

sequestered, subject to return, reimbursement or other disposition after the war
Principle of Military Necessity

- belligerents may employ any amount and kind of force to compel the complete
Combatants and Non-combatants
submission of the enemy with the least possible loss of lives, time and money
Combatants - those who engage directly in the hostilities
- other measures such as sieges, blockades, bombardments, and devastation of
Non-combatants - do not engage directly in the hostilities
property, which may involve direct hardships on the non-combatants are
- non-combatants should not be subjected to attack as they are not supposed to
undertaken in this principle
participate in the actual fighting

- only the combatants may lawfully wage war and are subject to direct attack
Principle of Humanity
from the enemy
- the use of any measure that is not absolutely necessary for the purposes of the
- when captured, combatants are entitled to treatment as prisoners of war
war
- non-combatants do not enjoy identical rights when captured but are protected
- examples: poisoning of wells and weapons, employment of dumdum or
from inhumane treatment
expanding bullets and asphyxiating gases, destruction of works of art and

property devoted to religious or humanitarian purposes, bombarding of
Combatants
undefended places, attack of hospital ships
1) members of the armed forces
- pillage is prohibited
- army, navy, air force
- when an enemy vessel is sunk, the other belligerent must see to the safety of
- except those not actively engaged in combat (chaplains, medical personnel)
the persons on board
2) irregular forces
- wounded and the sick must be humanely treated without distinction of
- francs tireurs or the guerillas
nationality by the belligerent

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- a combatant who surrenders may not be killed
Region of War
- agreements relating to the treatment of prisoners of war fall under this
- the greater area where the belligerents may lawfully engage each other
principle
- would comprise their own territories and the open seas

- excluding neutral territory
Principle of Chivalry
- basis of such rules that require the belligerents to give proper warning before
Belligerent Occupation
launching bombardment
- one of the usual incidents of war is the occupation of hostile territory by a
- prohibit the use of perfidy in the conduct of the hostilities
belligerent that exercises authority over it until its forces voluntarily withdraw or
- ruses and stratagems of war are allowed provided they do not involve the
are expelled by the enemy
employment of treacherous methods
- territory is deemed occupied when it is actually placed under the authority of
- false flags are not allowed in land warfare
the hostile army
- war vessels may sail under a flag not their own subject to the requirement that
- belligerent occupation does not result in transfer or suspension of the
they haul it down and hoist their own flag before attacking the other belligerent
sovereignty of the legitimate government although it may at the moment be
- espionage is prohibited since it involves deceit
unable to exercise it
- the belligerent occupant cannot perform such acts as declaring the
Spy
independence of the occupied territory
- an individual is considered a spy if, acting clandestinely or under false pretenses,
- cannot require its inhabitants to renounce their allegiance to the lawful
he obtains, or seeks to obtain, information in the zone of operations of a
government
belligerent, with the intention of communicating it to the hostile party
- belligerent is required to restore and ensure public order and safety while
- scouts, or soldiers in uniform who penetrate the zone of operations of a hostile
respecting the laws in force in the country
army to obtain information, are not spies (should be treated as prisoners of war
- belligerent occupant may promulgate new laws, non-political and political
when captured)
- political laws automatically abrogated upon the end of the occupation
- spies are subject to the municipal law of the other belligerent
- non-political laws may continue even beyond the occupation unless they are
- a spy taken in the act cannot be punished without previous trial
expressly repealed or modified by the legitimate government
- a spy who succeeds in rejoining his army and is later captured incurs no
- occupant is permitted to exact from the populace contributions over and above
responsibility for his previous acts of espionage
the regular taxes for the needs of the army of occupation or for the
- is entitled to be treated as a prisoner of war
administration of the territory

- it can make requisition of things or services, excluding military, for the needs of
Kinds of Warfare
the occupying forces
Aerial Warfare
- belligerent occupant can introduce military currency, provided the purpose is
- rules have become obsolete and need to be revised to make them conform to
not to debase the country's economy
present realities
- private property cannot be confiscated but those susceptible of military use
Naval Warfare
may be seized, subject to restoration or compensation when peace is made
- most serious difficulties lie in the disagreement among states as to whether
- property of municipalities, religious institutions, institutions for charity and
armed merchant vessels are subject to attack and the general violation of the
education, arts and sciences, even when state-owned are considered private
rules against the laying of unanchored mines and the misuse of submarines and
property and their destruction is expressly forbidden
torpedoes
- the army of occupation can take possession of cash, funds, and realizable
Land Warfare
securities
- rules have remained substantially unaltered and deal generally with the
- can take possession of depots of arms, means of transport, stores and supplies,
treatment of combatants on the battlefield and the obligations incumbent on the
and movable property belonging to the state which may be used for military
troops making an attack, siege or bombardment
operations
- booty, or personal property found in the battlefield is subject to confiscation by
- land and sea and air appliances, adapted for the transmission of news, or for the
the belligerent state
transport of persons or things, exclusive of cases governed by naval law, depots
- except personal belongings of the individual which have no military value
of arms and all kinds of ammunition of war may be seized but must be restored
Theatre of War
and compensation fixed when peace is made
- the place where the hostilities are actually conducted
- occupying state shall be regarded only as administrator and usufructuary of

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public buildings, real estate, forests, agricultural estates belonging to the hostile
6) License to trade - a permission given by the competent authority to individuals
state and situated in the occupied territory
to carry on trade even though there is a state of war

- General License: grants to all the subjects of the enemy state or to all its own
Postliminium
subjects the right to trade in specified places or in specified articles.
- the right of postliminy
- Special License: grants to a certain person the right to trade in the manner
- that in which persons or things taken by the enemy are restored to the former
specified in his license
state on coming actually into the power of the nation to which they belong
- jus postliminum now also imports the reinstatement of the authority of the
Suspension of Hostilities
displaced government once control of the enemy is lost over the territory
1) Suspension of arms
affected
- a temporary cessation of the hostilities by agreement of the local commanders
- upon the end of a belligerent occupation, the laws of the re-established
for such purposes as the gathering of the wounded and the burial of the dead
government are revived
2) Armistice
- all acts taken by the belligerent occupant which it could not legally do under the
- the suspension of all hostilities within a certain area (local) or in the entire
law of nations, as well as lawful political acts, are invalidated
region of the war (general) agreed upon by the belligerent governments, usually
- examples of illegal acts: confiscation of property by occupant (invalid)
for the purpose of arranging the terms of the peace
- examples of legal acts: collection of taxes by the occupation government (valid)

- examples of non-political laws: decree of divorce, judgment of recovery of debt
Suspension of Arms vs Armistice
(valid)
Armistice: purpose is political
- examples of political laws: conviction of a crime against occupation forces
Suspension of Arms: military purpose
(invalid)
Armistice: may be concluded only by the commanders-in-chief of the belligerent

governments
Non-Hostile Intercourse
Suspension of Arms: may be agreed upon by the local commanders
- certain relations between the belligerents which are not strictly hostile:
Armistice: usually in writing
1) Flag of truce - a white flag is carried by an individual authorized by one
Suspension of Arms: may be oral
belligerent to enter into communications with the other

- parlementaire: the bearer, is entitled to inviolability as long as he does not take
3) Cease-fire
advantage of his privileged position to commit an act of treachery
- an unconditional stoppage of hostilities by order of an international body for
- the other belligerent is not obliged to receive a flag of truce
the purpose of employing peaceful means of settling the differences between the
2) Cartels - agreements to regulate intercourse during war on such matters as
belligerents
postal and telegraphic communication
4) Truce
- the reception of flags of truce
- used interchangeably with armistice but is now generally regarded as cease-fire
- exchange of prisoners
with conditions attached
- Cartel ship: a vessel sailing under a safe-conduct for the purpose of carrying
5) Capitulation
exchanged prisoners of war
- the surrender of military forces, places or districts in accordance with the rules
3) Passport - a written permission given by the belligerent government or its
of military honor
authorized agent to the subjects of the enemy state to travel generally in

belligerent territory
Termination of War
4) Safe-Conduct - a pass given to an enemy subject or to an enemy vessel
- war may be terminated by:
allowing passage between defined points
1) simple cessation of hostilities
- given either by the belligerent government or by the commander of the area
2) conclusion of a negotiated treaty of peace
within which it is effective
3) defeat of one of the belligerents followed by a dictated treaty of peace or
5) Safeguard - a protection granted by a commanding officer either to enemy
annexation of the conquered country
persons or property within his command.

- when enforced by a detail of men, they must use extreme measures, if
necessary to fulfill their trust, and are themselves exempt from attack or capture
Simple Cessation of Hostilities
by the enemy
- property or territory in the possession of the respective belligerents upon the

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termination of the war is retained by them in accordance with the principle of uti
join any of the belligerents any time its sees fit
possidetis
Neutralization: the result of a treaty wherein the duration and the other
- to be distinguished from the usual stipulation for the status quo ante, which
conditions of the neutralization are agreed upon by the neutralized state and
calls for the complete restoration to their former owners of property or territory
other powers
that may have changed hands during the hostilities, with the exception of prize
Neutrality: governed by the general law of nations
and booty
Neutralization: agreement governs the conduct of the signatories

Neutrality: obtains only during war
Negotiated Treaty of Peace
Neutralization: intended to operate in time of peace as well as in time of war
- belligerents may be unable to effect a decisive victory against each other and
Neutrality: only states may be neutral
may decide finally to settle their disagreement
Neutralization: portions of states, islands, rivers and canals, may be neutralized
Defeat of One of the Belligerents
Laws of Neutrality
- the defeated belligerent surrenders either conditionally or unconditionally
These rules define:

a) the relations of the belligerent states with the neutral state
Conditional Surrender
b) the relations if the belligerent states with the nationals of the neutral state
- a treaty of peace is concluded embodying the conditions specified in the

surrender
Relations of Belligerent States and Neutral States

- neutral state has the right and duty to abstain from taking part in the hostilities
Unconditional Surrender
and from giving assistance to either belligerent
- the victorious belligerent issues a unilateral declaration announcing the end of
- to prevent its territory and other resources from being used in the conduct of
the war
hostilities by the belligerents
- followed with a peace treaty dictated by it
- to acquiesce in certain restrictions and limitations that the belligerents may find
- specifies the rules on the settlement of the obligations of the vanquished state
necessary to impose
- disposition of its territories
- belligerents are bound to respect the status of the neutral state
- at times, the defeated belligerent may cease to have any legal standing or
- avoid any act that will directly or indirectly involve it in their conflict
existence so a peace treaty may not be possible
- to submit any lawful measures it may take to maintain or protect its neutrality
Aftermath of War
Use of Neutral Territories
- the treaty of peace imposed by the victor upon the defeated state is regarded
- war activities by or on behalf of any of the belligerents may not be undertaken
as a punishment
in the territory of the neutral state without infringement of its neutrality
- will impute to the defeated state the responsibility for the war
- Neutral Territory is inviolable and cannot be used by the belligerents for:
- compel the defeated state to acknowledge the obligation to pay reparationf for
1) the movement of their troops
injuries and losses suffered by the victorious state
2) the transport of war supplies
- nationals of the vanquished state may be protected and punished as war
3) the erection of wireless stations for exclusively military purposes
criminals and for other violations of international law
4) the recruiting of soldiers
------------------------------------------------------------------------------------------------------------
5) the undertaking of military operations

- all of these acts should be resisted by the neutral state with armed force if
NEUTRALITY
necessary and such resistance is not to be regarded as a hostile act
- a state is neutral if it does not take part, directly or indirectly, in a war between
-Neutral Territory can be used by the belligerents for:
states
1) the passage of sick and wounded troops provided personnel and materials of
- the third state does not take sides in any way whatsoever when other states are
war are not carried
at war (perfect or absolute neutrality)
2) persons bound for enlistment in belligerent armies may cross then neutral
frontiers if they do so individually and not as a body
3) giving refuge to troops from the belligerent forces but must intern them as far
NEUTRALITY AND NEUTRAIZATION
as possible, at a distance from the theater of war
Neutrality: dependent solely on the attitude of the neutral state, which is free to
4) escaped prisoners of war need not be detained by the neutral state but must

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be assigned a place of residence if they are allowed to remain
- when vessels or goods are public enemy property, title vests immediately upon
- warships cannot enter neutral ports, harbors and roadsteads except only in
capture
cases of unseaworthiness, lac k of fuel or provisions, or stress of weather

- 24 hours is the usual length of sojourn
Rules on the Treatment of Sea-borne Goods in Time of War
- repairs of damaged warships should be permitted as long as they are not
1) enemy goods under a neutral flag are not subject to capture, except
intended to increase the fighting force of the vessel
contraband of war
- not more than three vessels from any belligerent shall be allowed
2) neutral goods under an enemy flag are not subject to capture, except
simultaneously in the same neutral port or waters
contraband of war
- territorial waters of a neutral state must never be used as asylum for belligerent
vessels under pursuit or attack by the enemy
Contraband
- passage of military aircraft belonging to the belligerents is not allowed across
- goods which, although neutral property, may be seized by a belligerent because
the airspace of a neutral state
they are useful for war and are bound for a hostile destination
- subject to condemnation
Uses of Neutral Facilities and Services
- if shipped together with innocent goods belonging to the same owner, the latter
- neutral states are prohibited from giving belligerents any form of direct
may also be confiscated under the doctrine of infection
assistance in connection with the conduct of the hostilities
- the vessel carrying the contraband also confiscable if contraband are more than
- neutral state may not:
one-half o the total cargo by weight, value, freight or volume
1) send military contingents
- liable to capture from the time they leave the port in which they are loaded and
2) extend loans
until they reach their final hostile destination
3) sell for valuable consideration, supplies of war to either or both belligerents
- Doctrine of Ultimate Destination: the liability of the contraband to capture is
- neutral states are required to take reasonable diligence in preventing the
determined not by their ostensible but by their real destination
delivery of vessels constructed and armed in its territory for use by any of the
- even if the vessel intends to stop at an intermediate neutral port, it will still be
belligerents
considered as in one continuous voyage provided it can be shown that its cargo
will ultimately be delivered to hostile destination
Relations of Belligerent States with Nationals of Neutral States
- Doctrine of Continuous Voyage: the goods are reloaded at the intermediate
- neutral states commonly enact legislation designed to avoid their involvement
port on the same vessel
in foreign wars as a result of the acts of their nationals
- Doctrine of Continuous Transport: when the goods are reloaded on another
- neutral states are free to allow their nationals to deal, in their private capacity,
vessel or other form of transportation
with any of the belligerents

- international law considers the relationship as strictly between the individual
Categories
and the belligerent states
1) Absolute Contraband
- necessarily useful for war under all circumstances
Visit and Search
- rifles and ammunition
- belligerent warships and aircraft have the right to visit and search neutral
- subject to seizure so long as they are bound for enemy or enemy-held territory
merchant vessels on the hig seas
2) Conditional Contraband
- purpose if to determine whether they are in any way connected with the
- have both civilian and military purposes
hostilities
- food and clothed
- may be captured as prize if they are engaged in hostile activities and resist visit
- may be seized only when it can be shown that they are destined for the armed
and search
forces or the authorities of the belligerent government
- prize is not confiscated summarily but must be brought to a prize court for
3) Free List
adjudication
- includes goods useful for war and bound for the belligerents but exempted from
- Prize Court: a tribunal established by a belligerent under its own laws, in its
the law on contraband for humanitarian reasons
territory or the territory of its allies and applies rules of international law in the
- medicines and medical supplies for the use of the sick and the wounded
absence of special municipal legislation

-title to prize vests in the captor upon confirmation of the prize court of the
Doctrine of Ultimate Consumption
validity of the capture
- goods intended for civilian use which may ultimately find their way to and be

consumed by the belligerent forces are also liable to seizure on the way
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troops or transmission of information in the interest of the enemy

- goods belonging to owner of the vessel are liable to condemnation
BLOCKADE
- a hostile operation by means of which the vessels and aircraft of one belligerent
ANGARY
prevent all other vessels including those of neutral states, from entering or
- right of angary
leaving the ports of coasts of the other belligerent
- belligerent may, upon payment of just compensation, seize, use or destroy, in
- purpose is to shut off the place from international commerce and
case of urgent necessity for purposes of offenses or defense, neutral property
communication with other states
found in its territory, in enemy territory, or on the high seas
- different from pacific blockade

- Pacific Blockade: applies only to the vessels of the blockaded state and does not
REQUISITES OF ANGARY
affect the vessels of other states
1) property is in
- a vessel found guilty of a breach of blockade is liable to condemnation and so is
2) there is urgent necessity for the taking
the cargo unless it is proved that at the time it was shipped the owner neither
3) just compensation is paid to the owner
the territory under the control or jurisdiction of the belligerent
knew nor could have known of the intention to violate the blockade
TERMINATION OF NEUTRALITY
REQUISITES OF A VALID BLOCKADE
Neutrality is terminated:
1) when the neutral state itself joins the war
1) binding (duly communicated to the neutral states)
- neutral state will be governed by the laws of war in its relations with the other
2) effective (maintained by adequate force so as to make ingress or egress from
belligerents and by the laws of neutrality in its relations with all other states
the port dangerous
2) upon the conclusion of peace
3) established by the proper authorities of the belligerent government (head of
- all states will again be governed by the laws of peace
state)
------------------------------------------------------------------------------------------------------------
4) limited only to the territory of the enemy and not extended to neutral places
or international rivers
5) impartially applied to all states alike
UNNEUTRAL SERVICE
- consists of acts, of a more hostile character than carriage of contraband or
breach of blockade, which are undertaken by merchant vessels of a neutral state
in aid of any of the belligerents
- neutral vessel is liable to condemnation for unneutral service if:
1) it is making a voyage special with a view to the transport of individual
passengers who are embodied in the armed forces of the enemy or with a view
to the transmission of the information in the interest of the enemy
2) with the knowledge of the owner, or the one who charters the entire vessel, or
of the master, it is transporting a military detachment of the enemy or one or
more persons who, during the voyage, lend direct assistance to the operations of
the enemy
- cargo, if belonging to owner of vessels is confiscable
- neutral vessel liable to condemnation and to be treated as a merchant vessel of
the enemy if:
1) it takes a direct part in the hostilities
2) it is under the orders or control of an agent placed on board by the enemy
government
3) is it chartered entirely by the enemy government
4) it is at the time and exclusively either devoted to the transport of enemy
END

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PUBLIC INTERNATIONAL LAW

Arellano University School of Law

or sometimes outside its territory, subject to certain exceptions.

1) foreign states, heads of states, diplomatic representatives, and consuls to a

Jurisdiction may be exercised by a state over:

contrary rule would disturb the peace of nations.

3) the maritime and fluvial domain

4) the continental shelf

5) the open seas

6) the aerial domain

2) foreign state property, including embassies, consulates, and public vessels

the discharge of their official functions (except if travelling in

engaged in non-commercial activities

PUBLIC INTERNATIONAL LAW

Maritime and Fluvial Jurisdiction

exploitation of the natural resources of the said areas

the same degree of jurisdiction exercised over the terrestrial domain

canals are covered

The Patrimonial Sea

- exclusive economic zone

reception are to be considered as exempted by the consent of that

- extends 200 miles from the coast or the baselines.

- foreign merchant vessels docked in a local port or bay, jurisdiction is exercised

The Open Seas

the peace of the port

flying over them, laying submarine cables or fishing

- a state may exercise jurisdiction on the open seas:

a) over its vessels

- In the event of a collision or of any other incident of navigation concerning a

- English rule is applicable in our country

person is a national. (The Lotus Case)

coast (1982 Convention on the Law of the Sea)

c) in the exercise of the right of visit and search

d) under the doctrine of hot pursuit

The Contiguous Zone

or at the most up to where outer space begins

- no foreign aircraft, civil or military, may

state without its consent

exercise the control necessary to:

- "Five Air Freedoms"

a) prevent infringement of its customs, fiscal, immigration or sanitary regulations

1) the freedom to fly across foreign territory without landing

within its territory or territorial sea

2) the freedom to land for non-traffic purposes

b) punish infringement of the above regulations within its territory or territorial

pass through the aerial domain of a

outside the territory of any state

- the region beyond the earth's atmosphere

PUBLIC INTERNATIONAL LAW

- not subject to the jurisdiction of any state

- not subject to national appropriation by claim of sovereignty, by means of use

or occupation or by any other means

- head of the foreign office

- regular day-to-day conduct of international affairs is entrusted to the members

- through acquisition of extraterritorial rights

envoys to represent it in the states with which it is maintaining diplomatic

jurisdiction on the basis of international custom

- Extraterritoriality: applies only to persons and is based on treaty or

1) Ambassadors or nuncios accredited to heads of state

2) envoys, ministers or internuncios accredited to heads of state

3) charges d'affaires accredited to ministers of foreign affairs

THE DIPLOMATIC CORPS

- a body consisting of the different diplomatic representatives who have been

facilitating and promoting intercourse among states