Professional Documents
Culture Documents
It imports the reinstatement of the old laws and sovereignty of territory which has been under belligerent
occupation once control of the belligerent occupant is lost over the territory affected.
Where the territory of one belligerent State is occupied by the enemy during war, the legitimate government is
ousted from authority. When the belligerent occupation ceases to be effective, the authority of the legitimate
government is automatically restored, together with allits laws, by virtue of the jus postliminium.
From the moment of its creation, the state continues as a juristic being notwithstanding changes in its
circumstances provided only that they do not result in loss of any of its essential elements (Sapphire Case, 11 Wall.
164 in Cruz, 2003).
It precludes recognition to any government coming into existence by revolutionary means so long as the freely
elected representatives of the people thereof have not constitutionally reorganized the country.
Stimson Doctrine
It involves a policy of never issuing any declaration giving recognition to governments and of accepting whatever
government is in effective control without raising the issue of recognition. An inquiry into legitimacy would be an
intervention in the internal affairs of another State.
It means international waters are free to all nations and belongs to none of them.
Drago Doctrine
A principle of international law that rejects the right of a country to use military force against another country to
collect debts.
Par In Parem Non Habet Imperium (Basis of the Doctrine of State Immunity)
GR: All states are sovereign equals and cannot assert jurisdiction over one another, consonant with the public
international law principle of par in parem non habet imperium. A contrary disposition would "unduly vex the
peace of nations." (Arigo v. Swift, G.R. No. 206510, Sept. 16, 2014)
The head of State, who is deemed the personification of the State, is inviolable, and thus, enjoys immunity from
suit. (JUSMAG Philippines v. NLRC, G.R. No. 108813, Dec. 15, 1994)
Likewise, public officials may not be sued for acts done in the performance of their official functions or within the
scope of their authority. (DOH v. Phil. Pharmawealth, Inc., G.R. No. 182358, Feb. 20, 2013)
NOTE: The rule is that if the judgment against such officials will require the state itself to perform an affirmative
act to satisfy the same, the suit may be regarded as against the state itself although it has not been formally
impleaded. (Garcia v. Chief of Staff, G.R. No. L-20213, January 31, 1966)
Thalweg Doctrine
It provides that for boundary rivers, in the absence of an agreement between the riparian States, the boundary line
is laid in the middle of the main navigable channel.
The Responsibility to Protect doctrine is the enabling principle that first obligates individual states and then the
international community to protect populations from genocide, war crimes, ethnic cleansing and crimes against
humanity.