Doctrine of Incorporation

Every State, by reason of its membership in the family of nations, bound by the generally
accepted principles of International law, which are considered to be automatically part of its own
laws.

Doctrine of Transformation

International law can become part of municipal law only if it is transformed into domestic
law through appropriate constitutional machinery.

2 Theories on Domestic Applicability of International Law

1. Monist Theory- IL and DL comprise one legal system. IL automatically becomes

domestic law.
2. Dualist Theory- IL and DL are different legal systems. IL does not become obligatory to
its citizens until the state passes a corresponding DL containing its provisions.

Section 2 of Article II of the 1987 Constitution limited to the adoption of generally accepted
principles of IL as part of the law of the land.

Where there appears to be a conflict between IL and ML, efforts should first be exerted to
harmonize them, as to give effect to both. For this purpose, it should be presumed that ML was
enacted with proper regard for the generally accepted rules of IL.

Suppose however, that the conflict is irreconcilable? (Inchong v Hernandez) The statute that
should be upheld because it represented an exercise of the police power which, being inherent,
could not be bargained away or surrendered through the medium of treaty.

Municipal law was also upheld against IL (Gonzales v Hechanova) on the basis of the doctrine of
separation of powers.

Conflict between IL and DL: International Rule

Before an international Tribunal, a state may not plead its own law as an excuse for failure to
comply with IL

Exception: Article 46 of the Vienna Convention- in cases where the constitutional violation was
manifest and concerned a rule of its internal law of fundamental importance.

Manifest- objectively evident to any State conducting itself in the matter in accordance with
normal practice and in good faith.

Conflict between IL and DL: Municipal Rule

Domestic courts are bound to apply the local law

Should a conflict arise between an international agreement and the Constitution, the treaty would
not be valid and operative as domestic law

Article 8, Section 5 of the Constitution explicitly recognizes the power of the Supreme Court to
declare a treaty unconstitutional; however, even declared unconstitutional, the treaty will not lose
its character as an international law.

CLASSIFICATION OF SOURCES

1. Formal Sources- various processes by which rules come into existence.

 a. Legislation
b. Treaty-making
c. Judicial Decision making
d. Practice of States
2. Material Sources- identify what the obligations are.
a. Treaties
b. State Practice
c. Judicial Decisions
d. Writings of Jurists

SOURCES OF INTERNATIONAL LAW

1. Custom
2. Treaties
3. International Agreements
4. Generally Recognized Principle of law
5. Judicial decisions
6. Teaching of highly qualified publicists

PRINCIPLE OF JUS COGENS

- Unique class of customary laws

- This group of fundamental norms is superior to other sources of international law and
need not be agreed upon by the states in a treaty in order to form part of their
jurisprudence.

Elements

a. It is a peremptory norm of general international law;

b. It is accepted and recognized by the international community
c. There can be no derogation therefrom;
d. It can be modified only by a subsequent norm of general international law having the
same character.

Universally accepted Norms

1. Rights against slavery

2. Genocide
3. Acts of Aggression
4. Racial Discrimination

Peremptory Norm (Art 53 of the Vienna Convention)

- Is a norm accepted and recognized by the international community of States as a whole as

a norm from which no derogation is permitted and which can be modified only by a
subsequent norm of general international law having the same character.

Theories of IL

1. Command Theory - law consists of commands originating from a sovereign backed up by

threats or sanctions if disobeyed.
2. Consensual Theory-IL derives its binding force from the consent of the states.
3. Natural law theory- posits that law is derived from nature of men.

BASIS OF PIL 3 SCHOOLS OF THOUGHT

1.Naturalist
 PIL is a branch of the great law of nature the sum of those principles which
ought to control human conduct, being founded on the very nature of man as a
rational and social being. [Hugo Grotius]
PIL is binding upon States
2. Positivist
B a s i s i s t o b e f o u n d i n t h e consent and conduct of States.
Tacit c o s n s e n t i n t h e c a s e o f customary international law.
Express in conventional law.
Presumed in the general law of nations. [Cornelius van Bynkershoek]
3. Groatians or Eclectics
Accepts the doctrine of natural law, but maintained that States
were accountableo n l y t o t h e i r o w n c o n s c i e n c e f o r t h e o b s e r
v a n c e o f t h e d u t i e s i m p o s e d b y natural law, unless they had
agreed to be b o u n d t o t r e a t t h o s e d u t i e s a s p a r t o f positive law.
[Emerich von Vattel]

Middle ground
Public International law v Private International Law

PUBLIC INTERNATIONAL LAW PRIVA`TE INTERNATIONAL LAW

(INTERNATIONAL LAW)
Governs the relationship between and among
the states and also their relations with
international organizations and individual
persons
(CONFLICTS OF LAW)
Domestic law which deals with cases where
foreign law intrudes in the domestic sphere
where there are questions of the applicability
of foreign law or the role of foreign courts

Subject Object
Entities endowed with rights and obligations in Those who indirectly have rights under or
the international order and possessing the beneficiaries of international law through
capacity to take certain kinds of action on the subjects of international law
international plane
Example: States, Colonies, dependencies,
mandates, trust territories, Vatican City, UN,
Belligerent communities and international
administrative bodies

State
-a group of people, living together in a fixed territory, organized for political ends under
an independent government and capable of entering into international relations with other states.

Elements:
1. People
2. Territory
3. Government
4. Sovereignty

Classes of States

1. Independent- has freedom to direct and control foreign relations without restraint from other
states.
A. Simple single central govt. with power over internal and external affairs
B. Composite- two or more sovereign states joined together to constitute one
international person
b.1 Real Union- two or more states merged together under act a unified authority so that
they for a single international person through which they act as one entity
 b.2 Federal Union- combination of two or more states, which upon their merger ceases to
be states, resulting in the creation of a new state with full international personality to represent
them in their external relations. Authority over internal affairs: divided between federal
authorities and member-states; over external affairs: federal authorities.

2. Dependent- an entity which does not have full freedom in the direction of its external affairs.
A. Protectorates- established at the request of the weaker state for the protection by a
strong power
B. Suzerainty- result of a concession from a state to a former colony that is allowed to be
independent subject to the retention by the former sovereign of certain powers over external
affairs
C. Neutralized- whose independence and integrity are guaranteed by an international
treaty on the condition that such states obligates itself never to take arms against any other states
or to enter into an international obligation as would indirectly involved war.

Other Elements;
1. Civilization
2. Recognition- act by which a state acknowledges the existence of another state, a government
or a belligerent community and indicates its willingness to deal with the entity as such under
international law.

Recognition of States
1. Constitutive (Minority) recognition is compulsory and legal; can demand recognition
if the elements of a state are established.
2. Declarative (Majority) recognition merely affirms an existing fact and that being a
state depends upon its possession of the required elements and not upon recognition.

Rule on Recognition: Political Act and mainly a matter of policy; discretionary on the part of
recognizing authority; exercised by executive department

Creation of States:
1. Revolution
2. Unification
3. Secession
4. Assertion of independence
5. Agreement
6. Attainment of Civilization

Extinction of States:
1. Emigration en masse of its population
2. Loss of territory
3. Overthrow of government resulting to anarchy

Principle of State Continuity

- State continues as juristic being notwithstanding changes in its circumstances, provided

that such changes do not result in the loss of any of its essential elements.

a. Succession of States
1. Universal
2. Partial
b. Succession of Government
-does not affect the integrity of the state only change of representative

Recognition of Government
- The act of acknowledging the capacity of an entity to exercise powers of government.
Requirements:
1. Stable and effective government
2 No substantial resistance to its authority
3. Willingness and ability to discharge its international obligations
4. Enjoy a popular consent or approval of the people

Kinds: Express or Implies

a. De facto- some of the requirements for recognition are absent. Provisional and limited to
certain juridical relations; no full diplomatic intercourse
b. De jure- government fulfilling the requirements for recognition. Recognition is permanent; full
diplomatic intercourse

Effects of Recognition:
1. Diplomatic relations
2. Right to sue in the courts of the recognizing states
3. Immunity from jurisdiction
4. Entitlement to property within the recognizing state
5. Retroactive validation of the acts of the recognized state/government

Doctrines:
1. Tobar/Wilson Doctrine- precludes recognition of any government established by
revolutionary means until constitutional reorganization by free election of representatives
2. Stimson Doctrine- no recognition of a government established through external aggression.
3. Estrada Doctrine- a state may not issue declaration giving recognition to such government
but merely accepts whatever government is in effective control without raising the issue of
recognition

Recognition of Belligerency Conditions:

1. Organized civil government having control or supervision over the armed struggle
2. Serious and widespread struggle with the outcome uncertain
3. Occupation of a substantial portion of the national territory
4. Willingness on the part of the rebels to observe the rules/customs of war.

Effects of Recognition of Belligerency:

1. Responsibility for acts of rebels resulting in injury to nationals of the recognizing state shall be
shifted to the rebel government
2. The legitimate government recognizing the rebels shall observe the laws of war in conducting
hostilities
3. Third states recognizing the belligerency shall maintain neutrality
4. Recognition is only provisional and only for the purpose of hostilities

Colony
- Dependent political community consisting of a number of citizens of the same country
who have migrated therefrom to inhabit another country but remain subject to the mother
state.

Dependency
- A territory distinct from the country in which the supreme sovereign power resides but
belongs rightfully to it, and subject to the laws and regulations which the sovereign
resides.

Mandates
- Were former territorial possessions of the states defeated in WW1

Trust territories
- Put under the Trusteeship Council

UNITED NATIONS (196 members)

Purpose: Prevention of war, maintenance of international peace and security, development of
friendly relations among nations

UN Charter
- A constitution that basically governs the relations of international persons
- A treaty, contract which the parties must respect under the doctrine of pacta sunt
servanda

A. Amendment
1. By a vote2/3 of the members of the GA and ratified by 2/3 members of the members of
UN (including the members of SC)
2. Majority vote of the GA and any nine members may propose amendment by 2/3 vote
of the conference and shall take effect upon ratification by the 2/3 of the members of UN
including the members of SC

Membership

Classes
1. Original
2. Elective

Qualifications:
1. Peace loving
2. Accepts the obligations under the Charter
3. Able and willing to carry out the obligations

Admission: 2/3 of those present and voting in the GA upon recommendation of at least 9
members of the SC

Suspension: 2/3 of those present and voting in the GA upon recommendation of at least 9
members of the SC
Effects:
1. Cannot participate in the meetings of the GA
2. Cannot be elected to continue to serve in the SC, ECOSOC and TC

Expulsion: 2/3 of those present and voting in the GA upon recommendation of a qualified
majority of the SC
Ground: Persistently violation the principles in the UN Charter

Principal Organs of UN

1. GA
Composition: All members of the UN (Each can send 5 reps and 5 alternates) One
vote/member
Functions:
1. Deliberative- initiating studies and making recommendations of IL
2. Supervisory- receiving and considering annual and special reports
3. Financial consideration and approval of budget and approval of budget
4. Elective- election of non-permanent members of the SC, etc
4. Constituents- admission of members and amendment of the Charter

Regular Session once a year

Important questions- decided by 2/3 of the majority of the members voting and present
Other questions-simple majority

2. Security Council
 Composition: 5 Permanent Members (China, US, UK, France, Russia) + 10 elective
members (5 from African and Asian, 2 from Latin American, 2from Western European and 1
from Eastern European) 2 year terms
Functions:
1. Maintenance of International peace and security
2. Investigate disputes and call disputants to settlement
3. Determine the existence of threats to peace, breach of peace and make appropriate
recommendations
4. To undertake preventive and enforcement actions
a. Preventive Action- consist of provisional measures to prevent a conflict from
worsening and may involve the deployment of peace keeping and observer missions
b. Enforcement Action- deployment of air, sea and land forces or in the institution of a
blockade

Domestic Jurisdiction Clause

-SC may take necessary steps if the dispute is international not domestic in character

1. Doctrines:
2. 1. Tobar/Wilson Doctrine- precludes recognition of any government established by
revolutionary means until constitutional reorganization by free election of representatives
3. 2. Stimson Doctrine- no recognition of a government established through external
aggression.
4. 3. Estrada Doctrine- a state may not issue declaration giving recognition to such
government but merely accepts whatever government is in effective control without
raising the issue of recognition

5.

Double Veto
-the veto power wielded solely by the five permanent members of the United
Nations Security Council (China, France, Russia, United Kingdom, and United States), enabling
them to prevent the adoption of any "substantive" draft Council resolution, regardless of the level
of international support for the draft. The veto does not apply to procedural votes, which is
significant in that the Security Council's permanent membership can vote against a "procedural"
draft resolution, without necessarily blocking its adoption by the Council.

-The veto is exercised when any permanent memberthe so-called "P5"casts a

"negative" vote on a "substantive" draft resolution. Abstention or absence from the vote by a
permanent member does not prevent a draft resolution from being adopted.

Uniting for Peace Resolution

- states that in any cases where the Security Council, because of a lack of unanimity
amongst its five permanent members, fails to act as required to maintain international peace and
security, the General Assembly shall consider the matter immediately and may issue any
recommendations it deems necessary in order to restore international peace and security. If not in
session at the time the General Assembly may meet using the mechanism of the emergency
special session.

3. ECOSOC (Economic and Social Council)

- 54 members elected by the GA for a 3-year term
Functions:
1. Higher standard of living
2. Conditions of economic and social progress

4. TC
-assist the SC and the GA in the administration of the International Trusteeship System
5. Secretariat
-chief administrative organ of the UN
-headed by Sec-General

6. ICJ (International Court of Justice)

-principal judicial organ of the UN
Composition: 15 members who are elected for a 9-year term

1. Advisory opinions upon request of the GA, SC or other organs upon recommendation of the
GA
2. Contentious cases
a. Interpretation of treaties
b. Questions of IL
c. Existence of facts constituting break of international obligations
d. Nature/extent of the reparation to be made for the breach of international obligation

Jurisdiction of ICJ:
1. Ad hoc
2. Compromisory Clause- treaty under jurisdiction of ICJ
3. Compulsory- member state

Fundamental Rights of States

1. Right to existence and Self-Preservation
2. Right to Sovereignty and Independence
3. Right to equality
4. Right to Property and Domain
5. Right to Diplomatic Intercourse

1. RIGHT TO EXISTENCE and SELF PRESERVATION

right to collective self-defense
-if an armed attack occurs, until the SC has taken measures
Aggression
- the use of armed force by a state against a sovereignty, territorial integrity or political
independence of another state

2. RIGHT TO SOVEREIGNTY AND INDEPENDENCE

SOVEREIGNTY INDEPENDENCE
-the totality of the powers, legal competence -freedom to conduct foreign relations without
and privileges of a state arising from outside control
customary international law and not dependent
on the consent of another state

Intervention
- act by which a states interferes in the domestic or foreign affairs of another state through
the use of force or threat of force. (Nicaragua v US)
- prohibited by Drago Doctrine

DRAGO DOCTRINE
- it set forth the policy that no foreign power, including the United States, could use force
against a Latin America nation to collect debt.

PORTER RESOLUTION
-
CALVO DOCTRINE
- proposed to prohibit diplomatic intervention before local resources were exhausted.

3. RIGHT TO EQUALITY
-equal in law, right of sovereignty, personality, territorial integrity and political
independence must be respected by others.

ACTS OF STATE DOCTRINE

- A state should not inquire into the legal validity of the public acts of another state done
within the territory of the latter (Underhill v Hernandez)

DOCTRINE OF STATE IMMUNITY

GR: A state enjoys immunity from the exercise of jurisdiction by another state
EX: Unless it has given its consent
Waived its immunity
Voluntary submits to the jurisdiction of the court concerned.
Can only be invoked with respect to PUBLIC ACTS!

Jure Imperii Jure Gestonis

imperial, public acts of the government of a the commercial activities of a state. (US v.
state (US v Ruiz) Guinto

4. RIGHT TO TERRITORIAL INTEGRITY AND JURISDICTION

TERRITORY
- Fixed portion on the surface of the earth on which the state settles and over which it has
supreme authority.
Components:
1. Terrestial
2. Aerial
3. Fluvial
4. Maritime

LAND DOMAINS
Modes of Acquisition:
1. Discovery and Occupation

Discovery Occupation
-not enough to establish sovereignty. It must be Acquisition of terra nullius, belonged to no
accompanied by effective control. state or have been abandoned by prior
occupant

2. Prescription
GROITUS DOCTRINE OF IMMEMORAL PRESCRIPTION
- Speaks of uninterrupted possessing going beyond memory

3. Cessation (by treaty

A. Voluntary
Treaty of sale
Treaty of Donation
B. Involuntary/Forced

4. Conquest
- no longer recognized (Stimson Doctrine)
5. Accretion
-increase of land area of the sate
FLUVIAL/MARITIME DOMAINS

1. Internal waters
-bodies within the land mass
-all waters on the landward side of the baselines of the territorial sea
A. Rivers
1. National boundary-divides territories of states
2.International-which flows through various states
Doctrines.
1. Thalweg Doctrine
For boundary rivers, in the absence of an agreement between the riparian states, the
boundary line is laid on the middle of the main navigable channel
2. Middle of the bridge doctrine
Where there is a bridge over a boundary river, the boundary line is the middle of the
bridge.
B. Bays and Gulfs
C. Straits- narrow passageways connecting two bodies of water.
D. Canals

2. Archipelagic Waters
Archipelagic Doctrines the water around, between and connecting the islands of the
archipelago, regardless of its breadth and dimension, are to be treated as internal waters

Straight baseline method

Drawing a straight baselines connecting the outermost point of the islands to determine
the extent of archipelagic waters.

Right of Innocent Passage

- Allowed in Archipelagic Waters
- Passage is innocent so long as it is not prejudicial to the peace, good order or security of
the coastal State.

3. Territorial Sea
-12 nautical miles from the low water mark or baselines
- right of innocent passage is allowed, however the passage must be continuous and
expeditious except in cases of force majeure.

4. Contiguous Zone
-12 nautical miles from the territorial sea
Limited jurisdiction:
1. To prevent infringement of customs, fiscal, immigration and sanitary laws

5. EEZ
-200 nautical miles from the baselines
-coastal state may exercise sovereign rights over economic resources

6. Continental Shelf
-sea bed and sub soil

7. High Seas
- res communes/res nullius
-not a territory of any particular state.

FREEDOM OF NAVIGATION
-right to sail ships on the high seas, subject only to IL and the laws of the FLAG state
AERIAL DOMAINS
- Complete and exclusive sovereignty over the air space above its territory but shall not
include outerstate

5 Freedoms
1. To fly across the territory without landing
2. Land for non-traffic purposes
3. Land to put down passenger, mail, cargo of flag territory
4. Land to take passengers
5. Put down passengers from these territories

*Intrusions into the airspace by a civilian aircraft maybe intercepted but in no case shall the
interception be attended with the use of weapon (Resolution of Intl Aviation Org)

Outer Space
- Free for use and exploration

Theories where outer space begins

1. lowest altitude for artificial satellites to orbit without being destroyed by frictions (90km
above earth)
2. theoretical limits of air flights (84 km)
3. functional approach, not based on boundaries but on the nature of the activity undertaken

JURISDICTION
-the power or authority exercised by a state over land, persons, property, tractions and
events.

Bases of Jurisdiction

1. Territorial Principle
-state may exercise jurisdiction only within its territory

2. Nationality Principle
-state has jurisdictions over its nationals even when those nationals are outside the state

3. Principle of Universality
-state has jurisdictions over offenses considered as universal crimes regardless of where
committed and who committed them.

4. Principle of Passive Personality

-state may apply law-particularly criminal law-to an act committed outside its territory by
a person not its national where the victim of the act was its national.

5. Protective Principle
-state has jurisdiction over acts committed abroad which are prejudicial to its national
security or vital interest

Exemptions from Jurisdictions:

1. Acts of State Doctrine

2. Diplomatic Immunity
- part of customary IL which grants immunity to diplomatic representatives.
-Head of state enjoys personal immunity from the jurisdiction of another state.

1961 Vienna Convention on Diplomatic Relations

-the right of the foreign State to acquire property in the receiving state for its diplomatic
mission as well as the immunity of the diplomatic envoy from civil jurisdiction of the receiving
state over any real action relating to immovable property which the envoy hold on behalf of the
sending state (Holy See v del Rosario)

Immunity of the UN, its organs, Specialized Agencies and other IO

- Enjoy state immunity as are necessary for the independent exercise of their functions.

REASON:
1. To secure them from legal and practical independence in fulfilling their duties (Lasco v UN
Revolving Fund Resources Exploration)
2. To shield the affairs of IO in accordance with international practice, from political pressure or
control by the host country and to ensure the unhampered performance of their functions
(International Catholic Migration v Calleja)

*WHO official is entitled to the privileges and immunities of diplomatic envoys (WHO v
Aquino)
*International agency enjoys immunity from the legal writs and processes of the Philippines
(SEAFDEC v NLRC)

ARRIVAL UNDER STRESS (Involuntary entrance of foreign vessels)

- May be due to lack of provisions, unseaworthiness of the vessel, inclement weather and
other case of force majeure

WARSHIIPS and other public vessels

GR: Crew members are immune from local jurisdiction (Schooner Exchange v
MacFaddon) (floating territory of the flag state)
EX: Crew violate local laws while on furlough or off-duty

ENGLISH RULE
- Coastal state shall have jurisdiction over all offenses committed on board the vessel
except those which does not compromise the peace of the port (US v Look Chaw &
People v Wong Cheng)

FRENCH RULE
- Flag state shall have jurisdiction over all offenses committed on board except those which
compromise peace of the port

*Vessel shall have the nationality of the flag it flies provided there is a genuine link between the
state and the vessel

DOCTRINE OF HOT PURSUIT

- If an offense is committed by a foreign merchant vessel within the territorial waters of the
coastal state or if the coastal state has good reason to believe that such an offense has
been committed , the said state vessel may pursue the offending vessel into the open seas
and upon capture bring it back to its territory for punishment
- The pursuit must have begun before the offending vessel has left the territorial
waters/contiguous zone of the coastal state; the pursuit must be continuous and unbated;
and it ceases as soon as the ship being pursued enters the territorial sea of its own or of a
third state.

MUTATIS MUTANDIS
- The right of hot pursuit shall also apply to violation of applicable laws and regulations of
the coastal state in the EEZ or the continental shelf

PRINCIPLE OF EXTRATERRITORIALITY
1. Assertion of personal jurisdiction over its national abroad
2. By virtue of its relations with other states (Protectorate/condominium)
3. As consequence of waiver of jurisdiction by the local state
4. Exemption from jurisdiction on the basis of international custom
*Principle of extra-territoriality-exemption based on treaty/convention
5. Through enjoyment of easements and servitude

5. RIGHT OF LEGATION/DIPLOMATIC INTERCOURSE

- refers to the right of the State to send and receive diplomatic missions, which enables
states to carry on friendly intercourse
-not inherent but exists only by common consent
-no liability for refusing to send or receive diplomatic intercourse

AGENTS OF DIPLOMATIC INTERCOURSE

1. Head of State
- his quarters, archives, property and means of transportation are inviolable
- immune from criminal and civil jurisdiction except if he is the plaintiff
- not subject to tax or exchange or currency restrictions
2. Foreign Office
- the actual day-to-day conduct of foreign affairs
-headed by Secretary/Minister (may make binding declarations on behalf of his govt)
3. Resident Missions
A. Head of Mission
a.1 Ambassadors/nuncius
a.2 Envoys, Ministers, Internuncius
a.3 Charges daffaires
B. Diplomatic Staff
C. Administrative and Technical Staff
D. Service Staff
4. Diplomatic Corps

Appointment of Envoys
- President usually appoints

*Sending state is not absolutely free in the choice of its diplomatic representatives because the
receiving state has the right to refuse to receive
Agreation
- States resort to an informal inquiry as to the acceptability of a particular envoy to which
the receiving state responds with informal conformity
Requirements for Diplomatic envoy
1. Letter de creance- letter of credence, with the name and rank and general character of the
mission
2. Diplomatic passport- authorizing his travel
3. Instructions- include a document of full powers authorizing him to negotiate on
extraordinary/special business
4. Cipher- code or secret key for communications with his country

Functions:
1. Representing the sending state in the receiving state
2. Protecting in the receiving state the interests of the sending state and its nationals
3. Negotiating with the government of the receiving state
4. Ascertaining, by all lawful means, the conditions and development in the receiving state and
reporting these to the sending state
5. Promoting friendly relations

Personal Inviolability
- Diplomatic Representative shall not be liable to any form of arrest or detention
 - May be arrested temporarily in case of urgent danger or when he commits violence which
makes it necessary to put him under restraint

Inviolability of Premises and Archives

GR: Premises of diplomatic mission and private residence of the diplomatic agent are
inviolable (cannot be entered or searched)
EX: Extreme Cases of Necessity
1. Premises on fire
2. Where there is imminent danger that a crime of violence is to be perpetuated
*Service of writs, summons, orders within the premises is PROHIBITED
*Even if criminal take refuge, police officers CANNOT BREAK into such premises. However it
can be surrendered upon demand of the local authorities (except: RIGHT TO ASYLUM exists)
*Ambassador request local assistance, privilege CANNOT BE INVOKED.

Right of Official Communication

-right of the envoy to communicate with his govt
Diplomatic pouch and diplomatic courier enjoy inviolability

Immunity from Local Jurisdiction

GR: Diplomatic agent is immune
EX: When the immunity is waived
*Does not mean exemption from local law. Only exemption from local jurisdiction
(Dickenson v Del Solar)

Immunity from Civil Jurisdiction

GR: His properties are not subject to garnishment, seizure
EX: 1. Any real action relating to private immovable property situated in the
territory of the receiving state
EX to EX: He holds it on behalf of the receiving state
2. An action relating to succession in which the diplomatic agent is
involved as executor, administratrix or heir/legatee as a private person
3. An action relating to any professional/commercial activity exercised by
the diplomatic agent outside his official functions

*Immunity from Testimonial Dispositions

RULE ON RECIPROCITY
RA 75
- Any writ or processes issued out by any person of any ambassador is VOID
Not covered by RA 75:
1. Citizens/inhabitants of the Philippines where the process is founded upon a debt
contracted before his employment in the diplomatic service
2. Domestic servants of the ambassadors whose names are not registered with the DFA

CHILDREN born to him while the ambassador possesses diplomatic are regarded as born
in the territory of his home state.

Taxes and Foreign duties

GR: Exempted from dues and taxes
EX: 1. Indirect taxes (price of goods/services)
2. Dues and taxes on private immovable property (holding in private
capacity)
3. Estate, succession or inheritance taxes
4. Taxes due on private incomes
5. Charges levied for specific service rendered
6. Registration, court/records fees with respect to immovanle
7. All customs duties
 8. Baggage and Effects free from inspection

DURATION OF IMMUNITY: from the moment he enters the receiving state and shall only
cease only the moment he leaves the country or expiration of his term

WAIVER OF IMMUNITY
-maybe waived but cannot be made by the individual concerned; only the government of
the sending state can waived such immunity.

TERMINATION
1. Death
2. Resignation
3. Removal/Abolition of Office
4. Recall
5. Dismissal
6. War
7. Extinction

CONSULAR RELATIONS

KINDS
1. Consules Missi- professional and carrel consuls and nationals of the appointing state
2. Consules Electi- selected by the appointing state from its own citizens or from among
nationals abroad

Ranks
1. Consul General heads consular districts
2. Consul- takes charge of a small district
3. Vice Consul- who assists the consul
4. Consular Agent- entrusted with the performance of certain functions

Appointments:
1. Letter of Patent- letter of appointment/commission
2. Exequatur- authorization, allowing him to exercise his function

Function: Commerce and Navigation, Issuance of Visa

TREATY
- International agreement concluded between states in written form and governed y IL,
whether embodied in a single instrument or in two or more instruments

TREATY EXECUTIVE AGREEMENT

Refer to basic political issues, changes in
national policy and permanent international
arrangements (requires concurrence of the
senate for validity)
International significance
Will of the Parties
a. Declaratory affirming/confirming the
existence of certain principles of IL
b. Lawmaking- propose certain rules to guide
the signatories in their future relations
Functions:
-refer to adjustments of detail carrying out a
well established national policies and
temporary arrangements (requires no
concurrence)
Municipal
Agreement which fall short of treaties
(exchange of notes
Subject Matter:
1. agreement which are made pursuant to/in
accordance with existing legislation
2. agreement subject to congressional
approval/implementation
3. agreement made under and in accordance
with the Presidents constitutional power
1. Enable the parties to settle finally actual and
potential conflicts
2.Make it possible to modify rules of
international customary law
3. To pave way transformation of unorganized
society
4. To provide growth of international
customary law
Essential Requisites of a valid treaty:
1. Capacity to Contract
2. Competence of the representatives/organ
duly empowered
3. Freedom of consent

DOCTRINE OF UNEQUAL TREATIES

- Treaties which have been imposed through coercion/duress by a State of unequal
character is VOID

DOCTRINE OF JUS COGENS

- Treaty whose provisions contravene such norms/rules maybe invalidated

TREATY-MAKING PROCESS
1. Negotiation
-refer to the discussion of the provisions of the proposed treaty undertaken by the
representatives of the contracting parties (FULL POWERS/PLEINS POUVOIRS-document
emanating from competent authority of a state designating a person/persons to represent the state
for negotiating adopting, authenticating the text)
2. Signing of the treaty
PRINCIPLE OF ALTERNAT
- An arrangement under which each negotiator is allowed to sign on the copy of the treaty
which he will bring home to his own country for the purpose being to preserve the formal
appearance of equality among the contracting states and to avoid delicate questions of
precedence among the signatories.
3. Ratification
- the act by which the provisions of a treaty are formally confirmed and approved by a
state and by which the state expresses its willingness to be bound by the treaty.

ACCESSION (ADHESION) process by which a non-signatory state becomes a party to a

treaty. (through invitation or permission of the contracting parties)
4. Reservation
- unilateral statement, made by a state when signing, whereby it purports to exclude or
modify the legal effect of certain provisions of treaty in their application to that state.

EFFECTIVITY:
GR: On the date agreed upon the parties
Absence of the agreement:
a. upon the exchange of the instrument for ratification
b. upon signature
MOST FAVORED NATION CLAUSE
- A clause inserted in many treaties (commercial) by which there are granted to the parties,
advantages, similarly conferred or which maybe conferred upon third persons
MOST FAVORED NATION TREATMENT
- A clause inserted in a treaty according to which each of the signatories thereto agrees to
accord to the national of the other signatories whatever right and privileges it may accord
to the national of a third state-signatory or not.
 INTERSTATE AGREEMENTS

1. Convention- usually relating to some specific subject

2. Protocol/Proces verbal usually less formal than a convention/supplementary instrument
3. Modus Vivendi- prescribes in detail the line of conduct which will be followed in interstate
relations under certain conditions
4. Declarations reciprocal agreements relating to rights and privilege of the nationals of the
States.
5. Cartels- agreement between belligerents in regard to intercourse in times of war
6. Sponsions/Agreement sub rati- agreement tentatively made between representatives of
states not properly commissioned/ in excess of authority
7. Treaties of guaranty- agreement through which one or more powers engage to maintain, to
aid in maintaining or not to interfere with, given conditions or right
8. Compromis d Arbitrage- agreement to refer to arbitration some matters in dispute
9. Pact- used at times to mean treaty
10. Concordants- agreements entered into by the Pope with the heads of foreign states
11. Pactum de contrahendo preliminary agreement on certain points to be included in a
treaty
12. Note Verbale- diplomatic communication prepared n the 3rd person and unsigned.
14.Comitas Gentium- comity or courtesy among nations

PACTA SUNT SERVANDA

- Treaties must be observed in good faith. If necessary that state concerned must even
modify its national legislation and constitution to make them conform to the treaty to
avoid international embarrassment.
REBUD SIC STANTIBUS
- The contracting States obligations under a treaty terminates when a vital/fundamental
change of circumstances occurs, thus allowing a State to withdraw from a treaty.
Requisites:
1. The change must be so substantial that are foundation of the treaty must have
altogether disappeared
2. The change must not have been unforeseen/unforeseeable at the time of the perfection
of the treaty.
3. The change must not have caused by the party invoking the doctrine
4. The doctrine must be invoked within a reasonable time
5. The duration of the treaty must be indefinite
6. The doctrine of the treaty must be indefinite
7. The doctrine cannot operate retroactively

NATIONALITY AND STATELESSNESS

Nationality membership in a political community with its concomitant rights and duties
It is for each state to determine under its own law who are its citizens
Modes of Acquisition:
1. Birth
-Jus Sanguinis
-Jus Soli
2. Naturalization
3. Repatriation
4. Subjugation
5. Cession

Loss of Nationality
1. Release
2. Deprivation
3. Renunciation
4. Substitution

PRINCIPLE OF EFFECTIVE NATIONALITY

- If a person ha s more than one personality, he shall within a 3rd State, be treated as if he
had only one; the 3rd State shall recognize exclusively either the nationality of the state in
which he habitually and principally resident or the nationality with which he appears in
fact to be most closely connected.

STATELESSNESS
- The status of having no nationality as a consequence of being born without any
nationality, or as a result of deprivation or loss of nationality.

STATELESS REFUGEES
Someone who is not recognized by any country Any person outside the country of his
nationality, or it he has no nationality, the
country of his former habitual residence,
because he has a well-founded fear of
prosecution by reason of his race, religion,
nationality, political opinion and is unable or
because of such fear, is unwilling to avail
himself of the protection of the govt of the
country of his nationality, or he has no
nationality, to return to the country of his
former habitual residence
Essential elements:
1. Outside the country of his
nationality/habitual residence
2. Lacks national protection
3. Fear of Prosecution

Non-refoulement
- No contracting state shall expel/return a
refugee in any manner whatsoever, to
the frontiers of territories where his
life/freedom is threatened

ASYLUM
-power of the state to allow alien who has sought refuge from prosecution or persecution
to remain within the territory and under its protection

1. Territorial Asylum- exists only when stipulated in a treaty, depends on liberal attitude of the
receiving state
2. Diplomatic Asylum- when the life/liberty of the person is threatened by imminent violence

EXPULSION/DEPORTATION
-the stay of alien constitutes a menace to the security of the state of that his entry was
illegal or that permission to stay has expired or he has violated any limitation/condition
prescribed in his permission to stay

RECONDUCTION
- The forcible conveying of aliens back to their home state.

DOCTRINE OF STATE RESPONSIBILITY

 - A state is under obligation to make reparations to another state for the failure to fulfill its
primary obligation to afford, in accordance with IL, the proper protection due to the alien
national of the latter state. The state may be liable for injuries and damages sustained by
the aliens(International Delinquency)

*Even when the laws of the state conform to international standard of justice, the act/omission
causing damage to the alien maybe directly imputable to the state if the latter does not make
reasonable efforts to prevent injury, or having done so unsuccessfully fails to repair such injury.

CALVO CLAUSE
- A stipulation by which an alien waives or restricts his right to appeal to his own state in
connection with any claim arising from the contract and agrees to limit himself to the
remedies available under the laws of the local state

EXTRADITION
Surrender of a fugitive by one state to another
state where he is wanted for prosecution or if
already convicted, for punishment
Made upon the request of the latter state on the
basis of an extradition treaty
DEPORTATION
Expulsion of an alien who is considered
undesirable by the local state
Unilateral act of the local state and made in its
interest

Doctrines:
1. Tobar/Wilson Doctrine- precludes recognition of any government established by
revolutionary means until constitutional reorganization by free election of representatives
2. Stimson Doctrine- no recognition of a government established through external aggression.
3. Estrada Doctrine- a state may not issue declaration giving recognition to such government
but merely accepts whatever government is in effective control without raising the issue of
recognition
DRAGO DOCTRINE
- it set forth the policy that no foreign power, including the United States, could use force
against a Latin America nation to collect debt.

CALVO DOCTRINE
- proposed to prohibit diplomatic intervention before local resources were exhausted.

DOCTRINE OF STATE IMMUNITY

GR: A state enjoys immunity from the exercise of jurisdiction by another state
EX: Unless it has given its consent
Waived its immunity
Voluntary submits to the jurisdiction of the court concerned.
Can only be invoked with respect to PUBLIC ACTS

Jure Imperii Jure Gestonis

imperial, public acts of the government of a the commercial activities of a state. (US v.
state (US v Ruiz) Guinto

Doctrines.
1. Thalweg Doctrine
For boundary rivers, in the absence of an agreement between the riparian states, the
boundary line is laid on the middle of the main navigable channel
2. Middle of the bridge doctrine
Where there is a bridge over a boundary river, the boundary line is the middle of the
bridge.
DOCTRINE OF STATE RESPONSIBILITY
- A state is under obligation to make reparations to another state for the failure to fulfill its
primary obligation to afford, in accordance with IL, the proper protection due to the alien
national of the latter state. The state may be liable for injuries and damages sustained by
the aliens(International Delinquency)