THE RIGHT OF INDEPENDENCE
wrongs, of regard for the personal dignity of their fellows,
Sovereignty
from Old French soverain, from Vulgar Latin superanus
which means "chief, principal
It is the supreme, uncontrollable power inherent in a
state by which that state is governed
It is the supreme power of the state to command and
enforce obedience, the power to which, legally speaking,
all interests are practically subject and all wills
subordinate
In international law: Attribute that enables the state to
make its own decisions free from external influence
from other states
Aspects of Sovereignty
a. Internal
- Power of the state to direct its domestic affairs
- e.g. establishment of own government,
enactment of laws, adoption of economic
policies
b. External
- Freedom of the state to control its own foreign
affairs
- e.g. entering into treaties, declaration of war,
diplomatic and commercial relations
Nature of Independence
Independence Freedom
Your Liberty To Swing Your Fist Ends Just Where My Nose
Begins
William Edward Hall
The ultimate foundation of international law is an
assumption that states possess rights and are subject to
duties corresponding to the facts of their postulated
nature. In virtue of this assumption it is held that since
states exist, and are independent beings, possessing
property, they have the right to do whatever is necessary
for the purpose of continuing and developing their
existence, of giving effect to and preserving their
independence, and of holding and acquiring property,
subject to the qualification that they are bound
correlatively to respect these rights in others. It is also
considered that their moral nature imposes upon them
the duties of good faith, of concession of redress for
and to a certain extent of sociability.
Thomas Hobbes (Leviathan)
State of nature - people could do whatever they wanted
People living in this violent state of nature will seek to
create social agreements with each other. For example,
"I won't steal from or kill you if you won't steal from or
kill me."
Intervention
Act by which a state interferes with the domestic or
foreign affairs of another state or states through the
employment of force or threat of force
Allowed only when it is exercised as an act of self-
defense or when decreed by UN Security Council
Some declarations about non-intervention
UN Declaration of the Rights and Duties of States - every
state has the duty to refrain from intervention in the
internal or external affairs of any other State.
Charter of the Organization of American States no
State or group of States has the right to intervene,
directly or indirectly, for any reason whatsoever, in the
internal or external affairs of any other State
Non-intervention rules have been blurred due to
Humanitarian reasons
Battle of Mogadishu Black Hawk Down
The Drago Doctrine
Announced in 1902 by the Argentine Minister of
Foreign Affairs Luis Mara Drago
History: Venezuela then was indebted to Great Britain,
Germany, and Italy, which threatened armed
intervention to collect. Drago advised the United States
government that The public debt cannot occasion (be
used for) armed intervention nor even the actual
occupation...
Read with Calvo Doctrine - jurisdiction in
international investment disputes lies with the country
in which the investment is located. Proposed to prohibit
diplomatic protection or (armed) intervention before
local resources were exhausted. An investor, under this
doctrine, has no recourse but to use the local courts,
rather than those of their home country. Named after possessing the treaty-making capacity, for the purpose
Carlos Calvo, an Argentine jurist of regulating their mutual relations under the law of
nations

May also refer to conventions, declarations, covenants,

THE RIGHT OF EQUALITY
Article 2 Charter of the UN
the Organization is based on the principle of the
sovereign equality of all its members
Legal Equality- Legal relations that States
maintain with each other
Political Equality- Relative distribution of
economic and military power between states
Manifestations of right to equality
All members of the United Nations have each one vote
in the General Assembly, all votes having equal weight,
and are generally eligible for positions in the various
organs of the UN
acts, and concordats
Functions of Treaties (EMLuP)
a. Enable parties to settle actual and potential
conflicts
b. Makes it possible for the parties to modify the
rules of international customary law by means of
optional principles or standards
c. Lead to a transformation of unorganized
international society into one which may be
organized on any chosen level of social
integration
d. Frequently provide the humus for the growth of
international customary law
Essential requisites of a valid treaty (TWICE/ETWIC)

Every state has the right to the protection of its nationals, 1. Entered into by parties with the treaty making
to make us of the open seas, or to acquire or dispose of capacity
territory 2. Through their authorized representatives
3. Without the attendance of duress, fraud,
All states have same rights when involved in a war (e.g. mistake, or other vice of consent
POW: prisoners of war) 4. On any lawful subject-matter
Par in parem non habet imperium - An equal has no 5. In accordance with their respective
power over an equal Act of state doctrine - no other constitutional processes
state can question the legality of official acts of another Treaty making process (NeSRE)
state
Negotiation
Absolute equality: Fact or Fiction?
Signature
Consider working of UN Security Council: Non procedural
(substantive) questions are decided by the Security Ratification
Council only with the concurrence of the Big Five Exchange of Instruments
Big five are permanent members of in UN Security Binding effect of treaties
Council unlike others with a term of only two (2) years
Pacta tertiis nec nocent nec prosunt - A treaty does not
The Nuclear Club create either obligations or rights for a third State
Rwanda Genocide of 1994 without its consent

Treaties are only binding on the contracting parties and

other states who later on sign by a process known as
TREATIES accession
Definition Instances when treaties are made applicable even
Formal agreement, (usually but not necessarily) in to third parties
writing, which is entered into by states or entities
 1. Treaty is merely a formal expression of
customary international law
2. As provided in the UN Charter: nonmember
states must act in accordance with the principles
of the charter in so far as may be necessary for
the maintenance of international peace and
security
3. Where the treaty expressly extends its
benefits to non-signatory states
Pacta Sunt Servanda
Agreements must be kept (Promises must be kept)
Every treaty in force is binding upon the parties to it and
must be performed by them in good faith
Despite supervening hardships, the parties must comply
with their commitments and perform treaty obligations
in good faith
Rebus sic stantibus (fundamental change)
Things thus standing
A tacit condition attached to all treaties to the effect that
they will no longer be binding as soon as the state of
facts and conditions upon which they were based
changes to a substantial degree
Limitations to the doctrine of rebus sic stantibus (AVIC)
1. Applies only to treaties of indefinite duration
2. Vital change must have been unforeseen or
unforeseeable and should not have been caused
by the party invoking the doctrine
3. Must be invoked within a reasonable time
4. Cannot operate retroactively upon the
provisions of the treaty already executed prior to
the change of circumstances
Termination of treaties (ILEADNEROV)
1. Expiration of term
2. Accomplishment of the purpose
3. Impossibility of performance
4. Loss of the subject-matter
5. Desistance of the parties, through express mutual
consent, exercise of the right of denunciation
(desuetude)- when allowed
6. Novation
7. Extinction of one of the parties
8. Rebus sic stantibus
9. Outbreak of war
10. Voidance of the treaty
THE UNITED NATIONS
History
The St. James Palace Declaration
The only true basis of enduring peace is the willing
cooperation of free peoples in a world in which, relieved
of the menace of aggression, all may enjoy economic and
social security;
It is our intention to work together, and with other free
peoples, both in war and peace, to this end.
Somewhere at the Sea President Roosevelt and Prime
Minister Churchill on the U.S.S Augusta, at the historic
meeting which resulted in the signing of the Atlantic
Charter on 14 August 1941.
Declaration by United Nations (US, UK, China, Northern
Ireland, USSR, Australia, Belgium, Canada, Costa Rica,
Cuba, Czechoslovakia, Dom. Repub, El Salvador, Greece,
Guatemala, Haiti, Honduras, India, Luxembourg,
Netherlands, New Zealand, Nicaragua, Norway, Panama,
Poland, South Africa, Yugoslavia)-- 27
...A Joint Declaration by the United States of America, the
United Kingdom of Great Britain and Northern Ireland,
the Union of Soviet Socialist Republics, China, Australia,
Belgium, Canada, Costa Rica, Cuba, Czechoslovakia,
Dominican Republic, El Salvador, Greece, Guatemala,
Haiti, Honduras, India, Luxembourg, Netherlands, New
Zealand, Nicaragua, Norway, Panama, Poland, South
Africa, Yugoslavia. The Governments signatory hereto,
Having subscribed to a common program of purposes
and principles embodied in the Joint Declaration of the
President of United States of America and the Prime
Minister of the United Kingdom of Great Britain and
Northern Ireland dated August 14, 1941, known as the
Atlantic Charter. Being convinced that complete victory
over their enemies is essential to defend life, liberty,
independence and religious freedom, and to preserve
human rights and justice in their own lands as well as in
other lands, and that they are now engaged in a common
struggle against savage and brutal forces seeking to
subjugate the world, DECLARE: (1) Each Government
pledges itself to employ its full resources, military or
economic, against those members of the Tripartite Pact
and its adherents with which such government is at war.
(2) Each Government pledges itself to cooperate with the
Governments signatory hereto and not to make a
separate armistice or peace with the enemies. The
foregoing declaration may be adhered to by other
nations which are, or which may be, rendering material
assistance and contributions in the struggle for victory
over Hitlerism. DONE at Washington January 1, 1942.
Moscow Declaration
30 October 1943, the Moscow Declaration was signed by
Vyaches Molotov, Anthony Eden, Cordell Hull and Foo
Ping Shen, the Chinese Ambassador to the Soviet Union.
Teheran Declaration
In December 1943, two months after the four-power
Declaration, Roosevelt, Stalin and Churchill, meeting for
the first time at Teheran, the capital of Iran, declared that
they had worked out concerted plans for final victory.
We are sure that our concord will win an enduring
peace. We recognize fully the supreme responsibility
resting upon us and all the United Nations to make a
peace which will command the goodwill of the
overwhelming mass of the peoples of the world and
banish the scourge and terror of war for many
generations.
7 October 1944 - representatives of China, Great Britain,
the USSR and the United States met for a business-like
conference at Dumbarton Oaks, a private mansion in
Washington, D. C.
Proposal for the structure of the world organization was
submitted by the four powers to all the United Nations
governments.
25 April 25 1945 - United Nations Conference on
International Organization (San Francisco)
26 June 1945 50 nations signed the UN Charter
(Poland, which was unable to send a representative to
the conference due to political instability, signed the
charter on October 15, 1945)
24 October 1945 charter was ratified by the
Governments of the Republic of China, France, the USSR,
the United Kingdom, and the United States, and by a
majority of the other 46 signatories.
Membership and Office
193 member states
Headquarters is situated in New York
Six official languages are used at the UN: Arabic,
Chinese, English, French, Russian, and Spanish.
The current secretary general is Antonio Guterres of
Portugal
Objectives of the UN (KDWC)
a. To keep peace throughout the world.
b. To develop friendly relations between nations.
c. To work together to help people live better lives,
to eliminate poverty, disease and illiteracy in the
world, to stop environmental destruction and to
encourage respect for each other's rights and
freedoms.
d. To be a center for helping nations achieve these
aims.
Principles (SPS RA2N)
a. Sovereign equality
b. Pacta Sunt Servanda
c. Settlement of international disputes by peaceful
means
d. Refrain from the threat or use of force against
the territorial integrity or political independence
of any state
e. Assistance to UN and refrain from giving
assistance to any state against which the United
Nations is taking preventive or enforcement
action
f. Applicability to non-member states
g. Non-intervention in matters which are
essentially within the domestic jurisdiction
Membership Qualifications (PASA)
1. Must be a state
2. Must be peace-loving
3. Must accept obligations contained in the charter
4. Able and willing to carry out obligations
Permanent Members
The Big Five- China, France, Russia, United Kingdom,
United States.
Organs of the UN (SISTEG)
-General Assembly
-Economic and Social Council
-Secretariat
-International Court of Justice
-Security Council
-Trusteeship Council
Security Council
5 permanent members
10 rotating members with a term of 2 years (5 from
African and Asian states, 2 from Latin American States, 2
from Western European and other states)
Responsible for the maintenance of international peace
and security.
Functions of Security Council (FIRED-CTR)
1. to investigate any dispute or situation which
might lead to international friction;
2. to recommend methods of adjusting such
disputes or the terms of settlement;
3. to formulate plans for the establishment of a
system to regulate armaments;
4. to determine the existence of a threat to the
peace or act of aggression and to recommend
what action should be taken;
5. to call on Members to apply economic sanctions
and other measures not involving the use of
force to prevent or stop aggression;
6. to take military action against an aggressor;
7. to recommend the admission of new Members;
8. to exercise the trusteeship functions of the
United Nations in "strategic areas";
9. to recommend to the General Assembly the
appointment of the Secretary-General and,
together with the Assembly, to elect the Judges
of the International Court of Justice.
General Assembly
The General Assembly (GA) is the main deliberative,
policymaking and representative organ of the UN.
Composed of 193 members
Decisions on important questions, such as those on
peace and security, admission of new members and
budgetary matters, require a two-thirds majority.
Decisions on other questions are by simple majority.
Each country has one vote.
Economic and Social Council
Promoting higher standards of living, full employment,
and economic and social progress; HFES
Identifying solutions to international economic, social
and health problems; ESH
Facilitating international cultural and educational
cooperation; and encouraging universal respect for
human rights and fundamental freedoms.
ICJ
The International Court of Justice (ICJ) is the principal
judicial organ of the United Nations (UN).
It was established in June 1945 by the Charter of the
United Nations and began work in April 1946.
The seat of the Court is at the Peace Palace in The
Hague (Netherlands).
The Courts role is to settle, in accordance with
international law, legal disputes submitted to it by States
and to give advisory opinions on legal questions referred
to it by authorized United Nations organs and specialized
agencies.
The Court is composed of 15 judges, who are elected
for terms of office of nine years by the United Nations
General Assembly and the Security Council.
Its official languages are English and French.
The International Court of Justice (ICJ) is the principal
judicial organ of the United Nations (UN).
It was established in June 1945 by the Charter of the
United Nations and began work in April 1946.
Trusteeship Council
Responsible for supervising the administration of Trust
Territories placed under the Trusteeship System.
Major goals: to promote the advancement of the
inhabitants of Trust Territories and their progressive
development towards self- government or
independence.
The aims of the Trusteeship System have been fulfilled
to such an extent that all Trust Territories have attained
self-government or independence, either as separate
States or by joining neighbouring independent countries.
The Council suspended operation on 1 November 1994,
with the independence of Palau, the last remaining
United Nations trust territory, on 1 October 1994.
The Secretariat
International staff working in duty stations around the
world carries out the diverse day-to-day work of the
Organization.
It services the other principal organs of the United
Nations and administers the programs and policies laid
down by them.
At its head is the Secretary-General, who is appointed by
the General Assembly on the recommendation of the
Security Council for a five-year, renewable term.
The duties carried range from administering
peacekeeping operations to mediating international
disputes, from surveying economic and social trends and
problems to preparing studies on human rights and
sustainable development. Secretariat staff also inform
the world's communications media about the work of
the United Nations; organize international conferences
on issues of worldwide concern; and interpret speeches
and translate documents into the Organization's official
languages.
NATIONALITY AND STATELESSNESS
Nationality -Ethnic, Innate
Citizenship Juristic, may be changed
Citizenship
Tie that binds an individual to his state, from which he
can claim protection and whose laws he is obliged to
obey
Membership in a political community with all it
concomitant rights and obligations
CASE September 21, 2011 -- At least 30,000 feet above
ground, baby boy Kevin Rayman Francis was born inside
a Philippine Airlines Boeing 747-400 plane, flying from
Manila to San Francisco. The babys mom, 41-year old
Aida Alamillo, was given the go-signal to fly by her
obstetrician, as well as by the medical personnel from
PAL. Her expected date of delivery was September 28.
However, while on flight, Aida started to have
contractions. This mother of four asked her 13-year old
son, who was traveling with her, to inform the flight
attendants that she was having stomach pains. Our ever
dependable and super-efficient PAL crew members
assisted her to the Business Class section in the upper
deck of the plane. A flight attendant and three nurses,
who were fortunately on board, helped Aida deliver her
baby. After a precipitate labor that lasted only for 15
minutes, Baby Kevin made his first cry. The
announcement of his birth through the planes PA
system made all the other passengers (mostly Pinoys)
clap and cheer!
Acquisition of
Ownership
Birth Naturalization
Jus Soli Jus Sanguinis
1944 Convention on International Civil Aviation, Articles
1721, all aircraft have the nationality of the state in
which they are registered.
1961 Convention on the Reduction of Statelessness, for
the purposes of determining the obligations under the
convention, a birth on a ship or aircraft in international
waters or airspace shall be treated as a birth in the
country of the ship or aircraft's registration.
Citizens of the Philippines
Section 1 Article IV
The following are citizens of the Philippines:
1) Those who are citizens of the Philippines at
the time of the adoption of this Constitution;
 2) Those whose fathers or mothers are citizens
of the Philippines;
3) Those born before January 17, 1973, of
Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority; and
4) Those who are naturalized in accordance with
law.
Who are citizens under Paragraph 1?
1. Those who were citizens of the Philippine Islands at
the time of the adoption of the Commonwealth
Constitution on November 15, 1935;
2. Those born in the Philippine Islands of foreign parents
who, prior to the adoption of the Commonwealth
Constitution, had been elected to public office in the
Philippine Islands;
3. Those whose fathers were citizens of the Philippines;
4. Those whose mothers were citizens of the Philippines
and, upon attaining majority age, elected Philippine
Citizenship; and
5. Those who were naturalized in accordance with law.
Who are citizens under Paragraph 2?
Commonwealth constitution only recognized those
born of Filipino Fathers
Now we recognize those born of Filipino parents.
Prospective in application (Those born before 17
January 1973 to Filipino mothers need to elect Philippine
Citizenship)
Who are citizens under Paragraph 3?
Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon reaching
the age of majority
Election was extended and made available in the new
constitution until 17 January 1994 only
Who are citizens under Paragraph 4
Naturalization - Process by which a foreigner acquires,
voluntarily or by operation of law, the citizenship of
another state.
Direct Naturalization (ISCA)
1. By individual proceedings, usually judicial, under
general naturalization laws
2. By special act of the legislature, often in favor of
distinguished foreigners who have rendered
some notable service to the local state
3. By collective change of nationality (en masse) as
a result of cession or subjugation
4. By adoption of orphan minors as nationals of the
state where they are born
Derivative naturalization (C-WAM)
Conferred:
1. On the wife of the naturalized husband
2. On the minor children of the naturalized parent
3. On the alien woman upon marriage to a national
(only if woman has all the qualifications and non
of the disqualifications for naturalization)
Loss of Citizenship
a. Voluntary
Renunciation
Request for release
b. Involuntary
Forfeiture
Substitution
Statelessness
Condition or status of an individual who is born without
any citizenship or who loses his citizenship without
retaining or acquiring another e.g.
1. Child born in a state where only jus sanguinis
is recognized to parents whose state only
observe jus soli rule
2. Person who renounced original
citizenship in order to be naturalized in another
state which subsequently denaturalized him and
the former state denied repatriation.
Natural born citizens Kinds
Section 2 Article IV.
Direct Derivative
Natural-born citizens are those who are citizens of the
Philippines from birth without having to perform any act
to acquire or perfect their Philippine citizenship. Those Nationality of claims
who elect Philippine citizenship in accordance with
A claim in respect of damage against another state will
paragraph (3), Section 1 hereof shall be deemed natural
fail unless it can be proved that the injured individual is
born citizens
a citizen of the claimant state.

TREATMENT OF ALIENS
NEUTRALITY
State responsibility
Definition
*Trumps temporary travel ban (Libya, Syria, Iran, Sudan,
The status of a third state in not taking side in any way
Yemen, Somalia)
whatsoever when other states are at war
Minimum international standard
- Absolute neutrality virtually impossible in the modern
States are not obliged to admit aliens to their territory, world
but, if they permit aliens to come, they must treat them
The Hottest Place in Hell is Reserved for Those Who
in a civilized manner.
Remain Neutral in Times of Great Moral Conflict
If an alien gets injured in the local state, his home state
*Switzerland
may exercise the right of diplomatic protection.

An alien may not demand more than what a country can Neutrality Neutralization
provide.
Result of a treaty wherein
*The Luneta Seige Dependent solely on the
the duration and the other
*KFR by Terrorist Groups attitude of the neutral
conditions of the
state, which is free to join
neutralization are agreed
any of the belligerents at
upon by the neutralized
Doctrine of Imputability any time it sees fit
state and other powers
A state is liable only for its own acts and omissions; and,
Governed by the general Governed by the
in this context, the state is identified with its law of nations neutralization agreement
governmental apparatus, not with the population as a
whole. Intended to operate both in
Obtains only during war time of peace and in time
State is not liable for acts of individuals, except: (FOEFOE) of war
a. Encouraging individuals to attack foreigners Portions of states, like
Only states may become
b. Failing to take reasonable care to prevent the islands, rivers, and canals
neutral
may be neutralized
individuals
c. Obvious failure to punish the individuals
d. Failure to provide the injured foreigner with an Laws of neutrality
opportunity of obtaining compensation from the
wrongdoers in the local courts Define:
e. Obtaining some benefit from the individuals 1. The relations of the belligerent states with the
actfor example, keeping looted property neutral state
f. Express ratification of the individuals actthat
is, expressly approving it and stating that that 2. The relations of the belligerent states with the
person was acting in the name of the state nationals of the neutral state

- International Customary law - Declaration of

Paris of 1856
 - Hague Conventions of 1907 - Unratified Neutrality of a state is not affected by the mere passage
declaration of London of 1909 through its territorial waters of warships or prizes
belonging to belligerents; however, they may not enter
Relations of Belligerent States and Neutral States
neutral ports, harbors, and roadsteads except only in
cases of unseaworthiness, lack of fuel or provisions, or
Neutral State Belligerents
stress of weather.
Right and duty to abstain Bound to respect the
from taking part in the status of the neutral Where vessels from both belligerents are in neutral
hostilities and from giving state, avoiding any act waters at the same time, a period of 24 hours must
assistance to either that will directly or elapse between the departure of the first vessel and the
belligerent indirectly involve in in departure of the second, the order being their time of
their conflict arrival. Not more than 3 vessels from any belligerent
Prevent its territory and shall be allowed. (Give chance to run!)
other resources from being Submit to any lawful
used in the conduct of the measures it may take to Territorial waters of a neutral state must never be used
hostilities maintain or protect its as asylum for belligerent vessels under pursuit or attack
neutrality by the enemy.
Acquiesce in certain
restrictions and limitations Passage of military aircraft belonging to the belligerents
that the belligerents may is not allowed across the airspace of a neutral state.
find necessary to impose,
Where a belligerent aircraft is forced to land on neutral
especially in connection
territory, the same should be detained and its officers
with international
commerce and crew interned.

Use of neutral facilities and services

Use of Neutral Territories
War activities by or on behalf of any of the belligerents
may not be undertaken in the territory of the neutral
state without infringement of its neutrality.
Neutral territory is inviolable and cannot be used by the
belligerents for the movement of their troops, the
transport of war supplies, the erection of wireless
stations for exclusively military purposes, recruiting of
soldiers, and the undertaking of military operations in
general.
Passage of sick and wounded troops is allowed through
a neutral state, provided personnel and materials of war
are not also carried.
-Neutral state cannot give any form of direct assistance
to any of the belligerents in the conduct of the hostilities.
e.g. Sending of military contingents, extension
of loans, sale of supplies of war
-Neutral state is not obliged to prevent the export from
or transit through its territory of war supplies purchased
from private traders by the belligerents in the ordinary
course of commerce.
Relations of Belligerent states with nationals of neutral
states
Neutral states are free to allow their nationals to deal,
in their private capacity, with any of the belligerents.

Persons bound for enlistment in the belligerent armies Individuals dealing with belligerents will not affect the
may cross the neutral frontiers if they do so individually neutrality of their state.
or separately and not as a body.

Neutral state itself may give refuge to troops from the
belligerent forces but must intern them as far as
possible, at a distance from the theater of war.
Escaped POW need not be detained by the neutral state
but must be assigned a place of residence if they are
allowed to remain.
Visit and Search
Belligerent warships and aircraft have the right to visit
and search neutral merchant vessels on the high seas
for the purpose of determining whether they are in any
way connected with the hostilities.
Contraband
Term applied to goods which, although neutral
property, may be seized by a belligerent because they
are useful for war and are bound for a hostile
destination.
May be absolute or conditional or free list.
Contrabands are subject to condemnation
Doctrine of ultimate consumption 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.
Doctrine of infection if contraband is shipped
together with innocent goods belonging to the same
owner, they may also be seized.
Doctrine of ultimate destination liability of
contraband to capture is determined not by their
ostensible but their real destination.
Doctrine of continuous voyage when goods are
reloaded at the intermediate port on the same vessel.
Doctrine of continuous transport when goods are
reloaded on another vessel or other form of
transportation.
Blockade
Hostile operation by means of which the vessels and
aircraft of one belligerent prevent all other vessels,
including those of neutral states, from entering or
leaving the ports or coasts of the other belligerent, the
purpose being to shut off the place from international
commerce and communication with other states
Pacific Blockade Applies only to the vessels of
the blockaded state and not the vessels of other
states.
Requisites for a valid blockade
1. Binding (communicated to the neutral states)
2. Effective (maintained by adequate force so as to
make ingress to or egress from the port
dangerous)
3. Established by the proper authorities of the
belligerent government (usually the head of
state)
4. Limited only to the territory of the enemy (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.
Right of Angary
A belligerent may, upon payment of just
compensation, seize, use or destroy, in case of urgent
necessity for purposes of offenses or defense, neutral
property found in its territory, in enemy territory, or on
the high seas
Requisites:
a. Property is in the territory under the control
and jurisdiction of the belligerent
b. There is urgent necessity for the taking
c. Just compensation is paid to the owner
Termination of Neutrality
a. Neutral state joins the war
b. Upon conclusion of peace
WAR
Meaning or concept of war
As an Action
Armed contention between the public forces of
states or other belligerent communities,
implying the employment of violence among
the parties as a means of enforcing their respective
demands upon each other.
As a Status
War may exist even without the use of force as
when one state formally refuses to be governed
by the laws of peace in its relations with
another state even if actual hostilities have not
taken place between them.
Bellum Justum
War may be a just war if it is a reaction to an
international delict
- Outlawed already by the UN Charter which expressly
prescribes the abstinence from the use of force in the
solution of international disputes.
Laws of War
Declaration of Paris of 1856 -Warfare at Sea
Hague conventions of 1899 - Use of dumdum or
expanding bullets and asphyxiating gases
Hague conventions of 1907 - Opening of hostilities, laws
and customs of warfare on land, conversion of merchant
ships into warships etc.
Geneva Convention of 1925 - Use of asphyxiating,
poisonous, and other gases and of bacteriological
methods of warfare
Geneva Convention of 1929 - Treatment of the sick and
wounded and of prisoners of war
Declaration of London of 1936 - Use of submarines
against merchant vessels
Geneva Convention of 1949 - Amelioration of the sick
and wounded on land on sea and Geneva Convention of
1949 treatment of POW and protection of civilians
*Dumdum Bullets
*Asphyxiating Gases
How are violations of the laws of war sanctioned?
1. Protest lodged by one belligerent, usually
accompanied or followed by an appeal to world opinion
against the unlawful acts of warfare committed by the
other belligerent
2. Reparation for damages caused by the defeated
belligerent
3. Punishment of war criminals
Commencement of War
Hague Conventions of 1907: Hostilities must not
commence without a previous and explicit warning, in
the form either
a. Reasoned declaration of war
b. An ultimatum with conditional declaration
-War is supposed to commence on the date
specified to the enemy.
-War is deemed to have commenced upon the
commission of an act of force by at least on of the
belligerents as an act of war.
Effects of the outbreak of war (LITED)
a. Laws of peace cease to regulate the relations of
the belligerents and are superseded by the laws
of war.
b. Diplomatic and consular relations between the
belligerents are terminated and their respective
representatives are allowed to return to their
own countries
c. Treaties of political nature, such as treaties of
alliance, are automatically canceled, but those
which are precisely intended to operate during
war are activated. Treaties of technical or
administrative matters are suspended.
d. Individuals are impressed with enemy character:
As nationals, as domiciliary, and as participants
in the activities.
e. Enemy public property found in the territory of
the other belligerent at the outbreak of the
hostilities is, with certain exceptions, subject to
confiscation.
Combatants
Members of the armed forces, except those not
engaged in combat like chaplains and medical
personnel.
Inhabitants of unoccupied territory who, on
approach of the enemy, spontaneously take arms to
resist the invading troops without having time to
organize themselves.
Officers and crew of merchant vessels who forcibly
resist attack.
Irregular forces, provided that:
a) They have a commander responsible for
them;
b)They wear a fixed distinctive sign recognizable
at a distance;
c) Carry arms openly;
d) Conduct their operations in accordance with
the laws and customs of war.
Treatment of POW
1. Right to be accorded the proper respect
commensurate with their rank
2. Right to adequate food and clothing
3. Right to safe and sanitary quarters
4. Right to medical assistance
5. Right to refuse to give military information or
render military service against their own state
6. Right to communicate with their families
Basic principles of the rules of warfare
-Military Necessity
-Principle of Humanity
-Principle of chivalry
Military Necessity
Belligerents may, subject to the other two
principles, employ any amount and kind of force to
compel the complete submission of the enemy with
the least possible loss of lives, time and money.
Principle of Humanity
Prohibits the use of any measure that is not
absolutely necessary for the purposes of the war,
such as poisoning of wells and weapons, the
employment of dumdum or expanding bullets and
asphyxiating gases, the destruction of works of art
and property devoted to religious or humanitarian
purposes, the bombing of undefended places, and
attack of hospital ships.
Principle of Chivalry
Basis of such rules as those that require the
belligerents to give proper warning before
launching a bombardment or prohibit the use of
perfidy in the conduct of hostilities.
Kinds of warfare
1. Land
2. Sea
3. Air
Theatre of War Region of war
Place where the Greater area where the
hostilities are actually belligerents may
conducted lawfully engage each
other
Belligerent Occupation
Territory is deemed occupied when it is actually
placed under the authority of the hostile army, but
this occupation is limited only to the area where
such authority has been established and can be
effectively exercised.
Belligerent occupation does not result in transfer
or suspension of the sovereignty of the legitimate
government although it may at the moment be
unable to exercise it.
Posliminium
That in which persons or things taken by the
enemy are restored to the former state on coming
actually into the power of the nation in which they
belong.
Jus postliminuim: reinstatement of the authority
of the displaced government once control of the
enemy is lost over the territory affected.
Non-hostile intercourse (FCPSSL)
1. Flag of truce white flag carried by an individual
authorized by one belligerent to enter into
communications with the other
2. Cartels agreements to regulate intercourse
during war on such matters as postal and telegraphic
communications, the reception of flags of truce, and
the exchange of prisoners
3. Passport written permission given by the
belligerent government or its authorized agent to
the subjects of the enemy state to travel generally
in belligerent territory
4. Safe-conduct pass given to an enemy subject or
to an enemy vessel allowing passage between
defined points
5. Safeguard protection granted by a commanding
officers either to enemy persons or property within
his command
6. License to trade permission given by the
competent authority to individuals to carry on trade
even though there is a state of war.

Suspension of Hostilities (C-CATS)

Suspension of arms temporary cessation of the

hostilites by agreement of the local commanders for
the purpose of gathering the wounded and the
burial of the dead.

Armistice suspension of all hostilities within a

certain area in the entire region of the war for the
purpose of arranging the terms of peace.

Cease-fire unconditional stoppage of hostilities by

order of an international body for the purpose of
employing peaceful means of settling the
differences between the belligerents

Truce Cease-fire with conditions attached

Capitulation surrender of military forces, places, or

districts in accordance with the rules of military
honor.

Termination of war

a. Simple cessation of hostilities

b. Treaty of peace
c. Defeat of one of the belligerents