PUBLIC INTERNATIONAL LAW Concepts a. Obligation Erga Omnes it is an obligation of every State towards the international community as a whole.

. All States have a legal interest in its compliance, and thus all States are entitled to invoke responsibility for breach of such an obligation b. Doctrine of Jus Cogens Customary international law has the state of peremptory norm of international law, accepted and recognized by the international community of the states as a rule from which no derogation is permitted. Accordingly, a treaty whose provisions contravene such norms or rules nay be invalidated. International and National/Municipal Law Difference: 1. International law is adopted by the states as a common rule of action among themselves while municipal law is issued by a political superior for observance by those under its authority. 2. International law is derived not from any particular legislation but from such sources as international customs, international conventions and the general principles of law while municipal law is consists mainly of enactments from the lawmaking authority of each state. 3. International law Applies to the relations inter se of states and other international persons while municipal law regulates the regulations of individuals among themselves or with their own states. 4. Questions of international law are resolved through state-to-state transactions ranging from peaceful methods while violations of municipal law are redressed through local administrative and judicial process. 5. Responsibility for infractions of international law is usually collective in the sense that it attaches directly to the state and not to its nationals while breaches of municipal law generally entail only individual responsibility. Sources a. Primary Source 1. International treaties and conventions 2. International customs 3. General principles of law b. Secondary Source 1. Decisions of courts 2. Teachings of publicists SUBJECTS State 1. It is a group of people, more or less numerous, permanently living in a definite territory, under an independent government organized for political ends and capable of entering into legal relations with other states. Classification of State: 1. Independent State It has the freedom to direct and control foreign relations without restraint from other states. May be: (a) Simple State which is a single central government with power over internal and external affairs; (b) Composite State which means two or more sovereign states joined together to constitute one international which may be:

1) Real Union It is created when two or more states are merged under a central authority through which they act in the direction of their external affairs. 2) Federal Union It is combination of two or more states which, upon merger, cease to be states, resulting in the creation of new state with full international personality to represent them in external relations and a certain degree of power over their domestic affairs and their inhabitants. 3) Confederation It is an organization of states which retain their internal sovereignty and to some extent their external sovereignty, while delegating to the collective body power to represent them as a whole for certain limit and specified purpose, such as common defense. 4) Personal Union It comes into being when two or more states are brought together under the same monarch, who nevertheless does not constitute one international person for the purpose of representing all of them. 5) Incorporate Union It is a union of two or more states under a control authority empowered to direct both their internal and external affairs and possessed of a separate international personality. 2. Dependent State A dependent state is an entity which although theoretically considered a state, does not have full freedom in the directions of its external affairs. May be: (a) Protectorate which is established at the

request of the weaker state for the protection of a strong power; (b) Suzerainty which is the result of a concession from a state to a former colony which is allowed to become independent subject to the retention by the former sovereign of certain powers over the external affairs of the latter.
3. Neutralized States These are states whose independence and integrity are guaranteed by an international treaty on the condition that such state obligates itself to take up arms against any other state or to enter into an international obligation as would indirectly involved it in war.

UNITED NATIONS 1. It is an international organization vested at the San Francisco Conference which was held in the United Sates from April 25 to June 26, 1945. The U.N. succeeded the League of Nations and is governed by a charter which came into force on October 24, 1945. Composed originally of only 51 members. PRINCIPAL ORGANS
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1. UN General Assembly It is the central organ of the United Nations. All members are represented in it and it exercises powers and functions with respect to the other organs. It is the principal deliberative body of the organization and is vested with jurisdiction over matters concerning the internal machinery and operations of the United Nations. 2. UN Security Council It is an organ of the United Nations primarily responsible for the maintenance of international peace and security. 3. UN Economic and Security Council Recognizing that the promotion of social progress and better standards of life in larger freedom is indispensable to world harmony and order, the United Nations Charter has created an organ charged with the particular duty of pursuing this objective. 4. UN Trusteeship Council It is the principal organ of the United Nations which is directly charged with the administration of the international trusteeship system. 5. International Court of Justice It is a judicial organ of the United Nations. 6. UN Secretariat The chief administrative organ of the United Nation is the Secretariat, which is headed by a Secretary-General. The Secretary-General is chosen by the General Assembly upon recommendation of the Security Council. His term is fixed at 5 years by resolution of the General Assembly and he may be re-elected. INTERNATIONAL ADMINISTRATIVE BODIES 1. They may be considered as a subject of international law when they are autonomous, i.e. they are not subject to the control of any single state and their purposes are mainly non-political. INDIVIDUALS 1. Generally, they are mere objects and the state represents them in their international claims. However, they assume to be subjects of international law on the basis of agreement between states and in specific context but not in customary or general international law Diplomatic and Consular Law Agents of Diplomatic Intercourse Head of State 1. He is the embodiment of, and represents, the sovereignty of the state, and enjoys the right to special protection for his physical safety and the preservation if his honor and reputation. His quarters, archives, property and
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means of transportation are inviolate under the principle of exterritoriality. He is immune from criminal and civil jurisdiction, except when he himself is the plaintiff, and is not subject to tax or exchange or currency restrictions. The Foreign Secretary or Minister 1. Under the municipal law of most states, the foreign secretary is the immediate representative of the head of state and directly under his control. He can make binding declarations on behalf of his state on any matter falling within his authority. The Members of the Diplomatic Service 1. Sometimes state may appoint special diplomatic agents changed with either political or ceremonial duties, such as the negotiation of a treaty or attendance at a state function like a coronation or a funeral. Classification of diplomatic representatives 1. Ambassadors or nuncios accredited to heads of state. 2. Envoys, ministers and internuncios accredited to head of state. 3. Charges d affaires accredited to ministers for foreign affairs. Diplomatic Corps 1. It is a body consisting of the different diplomatic representatives who have been accredited to the local or receiving state. It is headed by a doyen du corps or dean, who is usually the member of the highest rank and the longest service in the state. In Catholic countries, the dean is the Papal Nuncio. Appointment of Envoys 1. Practice of the Agreation, by means of which inquiries are addressed to the receiving state regarding a proposed diplomatic representatives of the sending state. It is only when the receiving state manifests its agreement or consent that the diplomatic representative is appointed and formally accredited. 2. The appointment of diplomats is not merely a matter of municipal law because the receiving state is not obliged to accept any representative who is persona non grata to it.

3.

Under Article 7, Section 16 of the 1987 Philippine Constitution, it is the President who appoints, sends and instructs the diplomatic and consular representatives, and his prerogative to determine the assignment of the countrys diplomatic representative cannot be questioned.

Commencement of the diplomatic mission 1. The diplomatic mission commences: (a) when he has presented his credentials; (b) when he has notified his arrival and a true copy of his credentials has been presented to the government of the receiving state.

Usual Documents carried by a diplomatic representative 1. The diplomatic representative carries: (a) the letter of credence, or letter de creance, by virtue of which he is accredited to the receiving state with the request that full faith and credit be given to his official acts; (b) his diplomatic passport; (c) his official instructions ; (d) the cipher or code book, for use in sending secret communications. Diplomatic 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 conditions and developments in the receiving state and reporting thereon to the government of the sending state. 5. Promoting friendly relations between the sending and receiving states and developing their economic, cultural and scientific relations. 6. In some cases, representing friendly governments at their requests. Diplomatic Immunities and Privileges Personal Inviolability 1. The person of the diplomatic representative is inviolable; he shall not be liable to any form of arrest or detention. The receiving state shall treat him with due respect and take all steps to prevent any attack on his person, freedom and dignity. 2. An exception the rule is that the envoy cannot complain if he is injured because he himself caused the initial aggression and thereby provoked retaliation or unduly exposed himself to danger as by mixing with a disorderly assembly. An attack on any diplomatic representative is deemed a serious offense and must be redressed with the most severe penalties by the receiving state. In the Philippines, R.A. 75 punishes, on the basis of reciprocity, any person who assaults, strokes, wounds, and offers violence to the person of the ambassador or minister except if done in self-defense. It must be noted, though, that the attack is confined to the person of the envoy and does not include his honor or reputation. The UN Convention on the prevention and punishment of crimes against internationally protected persons considers crimes against diplomatic agents as international, not political, in nature. However, the diplomatic envoy may be arrested temporarily in case of urgent danger, such as when he commits an act of violence which makes it necessary to put him under restraint for the purpose of preventing similar acts; but must be released and sent home in due time.

3.

4. 5.

Immunity from Jurisdiction 1. A diplomatic agent shall be immune from the civil, criminal and administrative jurisdiction of the receiving state except in a few specified cases. 2. A diplomatic agent is expected to observe them meticulously as befits a person of his rank and prestige. If he violates the local laws, he may not be punished for his offense by the receiving state, but it can and usually will ask for his recall. The Diplomatic Convention provides: A diplomatic agents shall enjoy immunity from the criminal jurisdiction of the receiving state. He shall enjoy immunity from its civil and administrative jurisdiction, except in the cases in the of: (a) real actions relating to private immovable property situated in the territory of the receiving state, unless he holds it in behalf of the sending state for the purposes of the mission; (b) actions relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending state; (c) actions relating to any professional or commercial activity exercised by the diplomatic agent in the receiving state outside his official functions.

3.

Inviolability of premises and archives 1. The premises occupied by a diplomatic mission, as well as the private residence of the diplomatic agent, is inviolable. The agents of the receiving state may not enter without the consent of the envoy, expect in extreme cases of necessity. Such premises cannot enter or searched, and neither can local authorities even under process of law detain the goods, records and archives. 2. The service of writs, summons, orders or processes within the premises of the mission residence of the envoy is prohibited. Even if a criminal takes refuge within the premises, the peace officers cannot break into such premises for the purposes of apprehending him. The fugitive should, however, be surrounded upon demand by local authorities, except when the right of asylum exits. But if it is the ambassador himself who request local police assistance, this privilege cannot be invoked. The premises of the mission, their furnishing and other property thereon, and the means of transport of the mission shall be immune from search, registration, attachment or execution. Inviolability also extends to the archives, documents, papers are correspondence of the mission at all times and wherever they may, and the receiving state has the duty respect and their confidential character. This is true even in case of armed conflict, during which the archives must remain sealed and may not be confiscated by the local states. Unless the right is recognized by treaty or local usage, an envoy should not permit the premises of his mission or his residence to be used as a place of asylum for fugitives from justice. An enemy may, however, in the interests of
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3.

4.

humanity, afford temporary shelter to persons in imminent peril of their lives, such as those fleeing from mob violence. Inviolability of Communication 1. The right of an envoy to communicate with his government fully and freely is universally recognized. The mission may employ all appropriate means to send and receive messages, whether ordinary or in cipher, by any of the usual modes of communication or by means of diplomatic couriers. Because of this right, the diplomatic pouch and diplomatic couriers shall also enjoy inviolability. Exemption from Testimonial Duties 1. The diplomatic convention provides that a diplomatic agent is not obliged to give evidence as a witness. Nevertheless, he is not prohibited by international law from doing so and may waive this privilege when authorized by his government. Exemption from taxes 1. Under the Vienna Convention, diplomatic agents are exempted from all dues and taxes, whether personal or real, national, regional or municipal, except the following: (1) Indirect taxes normally incorporated in the price of goods or services; (2) Dues and taxes on private immovable property situated in the territory of the receiving state, unless he holds it on behalf of the sending state fro purpose of the mission; (3) Estate, succession or inheritance taxes levied by the receiving state; (4) Dues and taxes on private income having its source in the receiving state and capital taxes on investments in commercial ventures in the receiving state; (5) Charges levied for specified services rendered. (6) Registration, court or record fees, mortgage dues and stamp duty with respect to immovable property. 2. The Vienna Convention also provides for exemption from all customs duties and taxes of articles for the official use of the mission and those for the personal use of the envoy or members of the family forming part of his household, including articles intended for his establishment. Baggage and effects are entitled to free entry and normally, exempt from inspection, articles addressed to ambassadors, ministers, charges d affaires are also exempted from customs inspection.

Other privileges 1. Freedom of movement and travel in the territory of the receiving state 2. Exemption from all personal services and military obligations 3. Use of the flag and emblem of the sending state on the diplomatic premises and the residence and means of transport of the head of mission. Duration of immunities or privileges 1. The privilege are enjoyed by the envoy from the moment he enters the territory of the receiving state, and shall cease the moment he leaves the
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country, or on expiry of a reasonable time in which to do so; although with respect to official acts, immunity shall continue indefinitely. These privileges are available even in transitu, when traveling through a third state on the way to or from the receiving state. Waiver of Immunities 1. Diplomatic privileges may be waived, but as a rule, the individual concerned cannot make the waiver since such immunities are not personal to him. Waiver may be made only by the government of the sending state if it concerns the immunities of the head of mission, in other cases, the waiver may be made either by the government or by the chief of mission. Waiver of this, however, does not include waiver of immunity in respect of the execution of judgment; a separate waiver for the latter is necessary. Termination of Diplomatic Mission 1. The usual modes of termination are: (1) death; (2) resignation; (3) removal; (4) abolition of office while other modes of termination are: (1) recall by the sending state; (2) dismissal by the receiving state; (3) war between the receiving and sending state; (4) extinction of the state Consuls 1. They are state agents residing abroad for various purposes but mainly in the interest of commerce and navigation. Kinds of Consuls 1. Consules Missi are professional and career consuls and nationals of the appointing state. 2. Consules Electi are selected by the appointing state either from its own citizens from among nationals abroad. Ranks of Consuls 1. Consul General - who heads several consular districts or one exceptionally large consular district. 2. Consul who takes charge of a small district or town or port. 3. Vice Consul who assists the consul. 4. Consular Agent who is usually entrusted with the performance of certain functions by the consul. Appointment Principal services where consuls derive their authority 1. The letter patent or letter de provision, which is the commission issued by the sending state. 2. The exequatur, which is the permission given them by the receiving state to perform their functions therein. Functions of the Consuls 1. The functions of consuls are (1) the protection of the interests of the sending state and its national in the receiving state; (2) the promotion of the commercial, economic, cultural and scientific relations of the sending state;
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(3) the observation of conditions and developments in the receiving state and report thereof to the sending state; (4) issuance of passports and other travel documents to nationals of the sending state and visas or appropriate documents to persons wishing to travel to the sending state; (5) supervision and inspection of vessels and aircraft of the sending state. Immunities and Privileges 1. The immunities of consuls are: (1) freedom of communication in cipher or otherwise; (2) inviolability of archives, but not of the premises where legal processes may be served and arrests made; (3) Exemption from local jurisdiction for offenses committed in the discharge of official function, but not other offenses except minor infractions; (4) Exemption from testifying on official communications or on matters pertaining to consular functions; (5) Exemption from taxes, customs duties, military or jury service; (6) they may display their national flag and emblem in the consulate. 2. These immunities and privileges are also available to the members of the consular post, their families and their private staff. Waiver of immunities may be made by the appointing state.

Duration of Consular immunities and privileges The same rule applies as in the case of diplomatic immunities and privileges. Termination of consular mission 1. The consular mission is terminated by: (1) the usual mode of terminating official relationship; (2) withdrawal of the exequatur; (3) extinction of the state; (4) war 2. Termination of diplomatic relations does not terminate consular relations between the sending and receiving states. The reason is consular relations rest on a different basis. Consuls are not diplomatic representatives but only commercial agents of the sending state.

TREATIES Treaty 1. It is a formal agreement, usually but not necessarily in writing, which is entered into by states or entities possessing the treaty- making capacity, for the purpose of regarding their mutual relations under the law of nations. Distinction between treaty and executive agreement 1. An executive agreement is not a treaty insofar its ratification may not be required under our constitution. However, the distinction is purely municipal and has no international significance. From the standpoint of international law, treaties and executive agreements are alike that both constitute equally binding obligations upon the nation. Functions of treaties 1. The functions of treaties are: (1) to enable the parties to settle finally actual
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and potential conflicts; (2) to make it possible for the parties to modify rules of international customary law by means of optional principles or standards; (3) to pave the way for the transformation of unorganized international society into one which may be organized ion any chosen level of social integration; and (4) to provides the humus for the growth of international customary law. Essential requisite of valid treaty 1. The essential requisites of a valid treaty are: (1) it must be entered into by parties having the treaty-making capacity; (2) through their authorized organs or representatives; (3) without the attendance of duress, fraud, mistake or other vice of consent; (4) on a lawful subject; (5) in accordance with their respective constitutional processes. Treaty making capacity 1. Every state possesses the capacity to conclude treaties, as an attribute of sovereignty. Under customary international law, international organizations are deemed to possess treaty making capacity, although such capacity may be limited by the purpose and the constitution of such organizations. Authorized representative 1. Generally, the head of state exercises the treaty-making power. In the Philippines, it is the President who exercises the power, subject to concurrence by 2/3 of all the members of the Senate. Freedom of Consent 1. The consent of the state may be expressed by signature, exchange of instruments constituting a treaty, ratification, acceptance, approval or accession, or by other means manifesting consent. Where the consent of a party has been given in error or induced through fraud on the party of the other, the treaty is voidable. Where the consent of the state is obtained through the corruption of its representative by another negotiating state, the former may invoke such corruption in invalidating its consent to be bound by the treaty. 2. Doctrine of Unequal Treaties provides that treaties which have been imposed through coercion or duress by a state of unequal character is void.

Lawful Subject Matter 1. It must be within the commerce of nations and in conformity with international law. However, the object is deemed illegal only when it contravenes or departs from an absolute or imperative rule or prohibition of international law. Compliance with constitutional process 1. Treatymaking capacity process is governed by international law except with respect to the method of ratification as required by the municipal law of most states at present. Non-compliance with this requisite will prevent enforcement of the treaty even if already signed by the authorized
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negotiators. Treaty-Making Process 1. Negotiation refers to the discussion of the provisions of the proposed treaty, undertaken by the representatives of the contracting parties who are provided with credentials known as full powers or pleins pouviors. It is customary for one of the parties to submit a draft proposal which, together with the counter-proposals, become the basis of the negotiation. When agreement is reached, the resultant instrument is ready for signature. 2. Signature it is primarily intended as means of authenticating the instruments and symbolizing the good faith of the contracting parties. Significantly, it does not indicate consent where ratification of the treaty is required, as is usual. But where ratification is dispensed with, the signature will operate to bind the parties to the treaty. Principle of Alternat this is an arrangement under which each negotiator is allowed to sign first on the copy of the treaty which he will bring home to his own country, 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 confined and approved by a state, and by which the state expresses its willingness to be bound by the treaty. In the Philippines, the power to ratify a treaty is vested in the President, subject to concurrence by 2/3 of all the numbers of the Senate. a. Accession also known as adhesion, this is the process by which a nonsignatory state becomes a party to a treaty. Thus, upon invitation or permission of the contracting parties, a third party who did not participate or who did not ratify on time, may be bound by a treaty. b. Reservation a unilateral statement, made by a state when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclusive or modifies the legal effects of certain provisions of the treaty in their application to that state. The state making the reservation remains a party to the treaty, provided that the reservation is compatible with the object and purpose of the treaty. Registration with the United Nations : A treaty enters into force in such manner and on such dates as it may provide, or as the negotiating parties may agree. In the absence of such a provision, the treaty enters into force as soon as the consent of all the parties to be bound by the treaty is established. A. Exchange of instruments of ratification Consent is deemed established with the exchange of the instrument of ratification, acceptance, approval or accession, or if the treaty so provides, upon deposit of such instruments with a named depository, coupled with the notification to the contracting states of such deposit. B. Registration with and publication by the UN Article 102 of the Charter
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4.

of the UN requires that every treaty and international agreement entered into by any member of the UN should be registered as soon as possible with the secretariat and published by it. Failure to register would not, however, affect the validity of the treaty; however, any party thereto before any organ of the UN cannot invoke the unregistered instrument. When non-signatories may be bound by a treaty 1. As a rule, treaties cannot impose obligations upon states not parties to them. However, through the process of accession or adhesion, states not originally parties to the agreement may become bound. Other states may also be bound by the terms of a treaty if linked by the most favored nation clause, under which a contracting state entitled to the clause may claim the benefits extended by the latter to another state in a separate agreement likewise, if the treaty is merely a formal expression of customary international law, or where the treaty expressly extends benefits to non- signatory states. Fundamental principles concerning treaties 1. Pacta sunt servanda means that treaties must be observed in good faith despite hardship on the contracting state, such as conflicts between the treaty and its constitution or prejudice to the national interest as a result of the operation of the treaty. As a general rule, a party must comply with the provisions of a treaty and cannot ignore or modify it without the consent of the other signatory. Willful disregard or violation of treaties without just cause is frowned upon by the society of nations. 2. Rebus sic stantibus according to Jessup, would justify non-performance of a treaty obligation if the conditions in relation to which the parties contracted have changed so materially and so unexpectedly as to create a situation in which the exaction of performance would be unreasonable. Limitations on the Doctrine of rebus sic stantibus: 1. It applies only to treaties of indefinite duration. 2. The vital change claimed as justification for the discontinuance of the treaty must have been unforeseen or unforeseeable and must not have been caused by the party invoking the doctrine. 3. The doctrine must be invoked within a reasonable time from the occurrence of the change asserted. 4. The doctrine cannot operate retroactively upon the provisions of the treaty already executed prior to the change in circumstance.

Treaty Interpretation 1. A treaty shall be interpreted in good faith, in accordance with the ordinary meaning given to the terms of the treaty in their context and in the light of its objects and purposes. To be considered in the interpretation are its text, preamble, annexes, as well as other agreements relating to the treaty and subsequent agreements entered
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into by the contracting parties. Amendment or Modification 1. To amend or modify provisions of the treaty, the consent of all the parties is required. However, if allowed by the treaty itself, two states may modify a provision only as they are concerned. Termination of Treaty 1. A treaty is terminated: (1) by expiration of term, which may be fixed or subject to a resolutory condition; (2) by accomplishment of the purpose; (3) by impossibility of performance; (4) by loss of the subject matter; (4) by novation; (5) by desistance of the parties, through mutual consent, by de suctude, or by the exercise of the right of denunciation (or withdrawal) when allowed; (6) by extinction of one of the parties if the treaty is bipartite.; (7) by the occurrence of a vital change of circumstances under the doctrine of rebus sic stantibus; (8) by the outbreak of war between the parties, except where the treaty is intended precisely to regulate their relations during war; (9) by voidance of the treaty because of defects in its conclusion, violation of its treaty by one the parties, or incompatibility with international law, the UN Charter, or a subsequent agreement. NATIONALITY AND STATELESSNESS Nationality 1. It is membership in a political community with all its concomitant rights and obligations. It is the tie that binds as individual to his state, from which he can claim protection and whose laws he is obliged to obey. Citizenship 1. It has a more exclusive meaning in that it applies only to certain members of this state accorded more privileges that the rest of the people who are it allegiance. Its significance is municipal and not international. Acquisition of Nationality Modes of acquiring nationality: 1. By Birth a. Jus Soli, by place of birth b. Jus Sanguinis, by nationality of his parent or by blood. 2. Naturalization it is a process by which a foreigner acquires, voluntarily or by operation of law, the nationality of another state. Kinds of Naturalization: 1. Direct naturalization is effected by: (a) individual proceedings, usually judicial, under general naturalization laws; (b) special act of the legislature, often in favor of distinguished foreigners who have rendered some notable service to the local state; (c) collective change of nationality (naturalization masse) as a result of cession or subjugation. 2. Derivative Naturalization may be conferred: (a) on the wife of the naturalized husband; (b) on the minor children of the naturalized parent; (c) on the alien
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woman upon marriage to a national Repatriation 1. It is the recovery of nationality by individuals who were natural-born citizens of a state but who had lost their nationality. 2. RA 8171, which governs repatriation of Filipino women who have lost Filipino citizenship by reason of marriage to aliens, as well as the repatriation of former natural-born Filipinos who lost Filipino citizenship.

Loss of Nationality 1. Nationality is lost by any of the following modes: (a) Release; (b) Deprivation; (c) Renunciation; (d) Substitution Multiple Nationalities 1. It is the possession by an individual of more than one nationality. It is acquired as the result of the concurrent application to him of the conflicting municipal laws of two or more states claiming him as their national. 2. Resolution of conflicts in multiple nationality cases: (1) A person having two or more nationalities may be regarded as its national by each of the state whose nationality he possesses, and a state may not give diplomatic protection to one of its nationals against a state whose nationality that person possesses. (2) If a person has more than one nationality, he shall, within a third state, be treated as if he had only one; the third state shall recognize exclusively either the nationality of the state in which he is habitually and principally resident, and the nationality if the state with which he appears in fact to be most closely connected. This is known as the Principle of Effective Nationality; (3) If a person, without any voluntary act of his own, possesses double nationality, he may renounce one of them with the permission of the state whose nationality he wishes to surrender and subject to the laws of the state concerned, such permission shall not be refused if that person has his habitual residence abroad.

Doctrine of Indelible Allegiance 1. An individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of a second state whose nationality he has acquired. Statelessness 1. It is the condition or status of an individual who is born without any nationality or who loses his nationality without retaining or acquiring another. 2. A stateless individual is powerless to assert any right that otherwise would be available to him under international law were he a national of a particular state. Any wrong suffered by him through the act or omission of a state would be damnum absque injuria for in theory no state has been offended and no international delict committed.

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3.

However, a stateless person is entitled to, among others, the right to religion and religious instruction, access to courts, elementary education, public relief and assistance, rationing of products in short supply, and treatment no less favorable than that accorded aliens in general. Moreover, the terms of the Universal Declaration of Human Rights are sufficiently bound to encompass the stateless person with its protection and sympathy as a member of the human family.

TREATMENT OF ALIENS Extradition 1. Extradition is the surrender of a person by one state to another state where he is wanted for prosecution or if already convicted, for punishment. It is based on: (1) a treaty; (2) in absence of a treaty, the local state may grant asylum to the fugitive; (3) if surrender is made, the same is merely a gesture of comity. Fundamental Principle of Extradition 1. Extradition is based on consent of the state of asylum as expressed in a treaty or manifested as an act of goodwill. 2. Under the principle of specialty, a fugitive who is extradited may be tried only for the crime specified in the request for extradition and included in the list of offices in the extradition treaty. 3. Any person may be extradited, whether he is a national if the requesting state, of the state of refuge or of another state. 4. Political and religious offenders are generally not subject to extradition. In order to constitute an offense of a political character there must be two or more parties in the state, each seeking to impose the government of their own choice on the other. Under the Attentat Clause, the murder of the head of state or any member of his family is not to be regarded as a political offense. Neither is genocide. 5. In absence of special agreement, the offense must have been committed within the territory or against the interests of the demanding state. 6. The act for which the extradition is sought must be punishable in both the requesting and requested state under what is known as the rule of double criminality. Procedure 1. Request, accompanied by the necessary papers relative to the identity of the wanted person and the crime alleged to have committed or which he has already been convicted, made through diplomatic channels to the state of refuge. 2. Upon receipt of the request, state of refuge will conduct a judicial investigation to ascertain if the crime is covered by the extradition treaty and if there is a prima facie case against the fugitive delivered to the state of refuge. In Secretary of Justice vs. Lantion, the Supreme Court ruled that
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extradition proceedings are sui generic and are not criminal proceedings which automatically call into operation all the rights of an accused as guaranteed in the Bills of Rights. Extradition proceedings do not involve the question of guilt or innocence of the person to be extradited. Distinguished from deportation 1. Extradition is the surrender of a fugitive by one state to another where he is wanted for prosecution or if already convicted, for punishment. The surrender is made at the request of the latter state on the basis of an extradition treaty while deportation is the expulsion of an alien who is considered undesirable by the local state, usually but not necessarily to his own state. Deportation is the unilateral act of the local state and is made in its own interests. International Human Rights Law Universal Declaration of Human Rights (UDHR) 1. The UDHR is the first comprehensive catalogue of human rights proclaimed by an international organization. 2. It must be noted, however, that the UDHR is not a treaty. 3. It has no obligatory character because it was adopted by the UN General Assembly as Resolution 217A(III). As a resolution, it is merely recommendatory. 4. Despite this, the UDHR is considered a normative instrument that creates binding obligations for all States because of the consensus evidenced by the practice of States that the Declaration is now binding as part of international law. (Juan Carillo Salcedo, Human Rights, Universal Declaration) 5. UDHR embodies both first generation (civil and political rights) and second generation (economic, social and cultural rights). (1) The civil and political rights enumerated include: (a) right to life, liberty, privacy and security of person; (b) prohibition against slavery; (c) the right not to be subjected to arbitrary arrest, detention or exile; (d) the right to fair trial and presumption of innocence; (e) The right to nationality; (f) the right of freedom of thought, conscience and religion; (g) right to freedom of opinion and expression; (h) the right to peaceful assembly and association; (i) the right to take part in the government of his country. (2) The economic, social and cultural rights include: (a) the right to social security; (c) the right to work and protection against unemployment; (d) the right to equal pay for equal work; (e) the right to form and join trade unions; (f) the right to rest and leisure. International Covenant on Civil and Political Rights (ICCPR) 1. The ICCPR is an international covenant and is binding on the respective State parties. 2. It embodies the first generation of human rights, although it lists more rights than the UDHR: (1) the right to own property; (2) the right to seek in other countries asylum from prosecution; (3) the right of members of ethnic, religious, or linguistic groups not to be denied to enjoy ntheir own culture, to profess and practice their own religion, or to use their own language; (4) the right to compensation in case of unlawful arrest; (5) the right to legal
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assistance in criminal prosecution; (6) the right against self-incrimination; (6) protection against double jeopardy; (7) right to review by higher tribunal in case of criminal conviction; (8) right of every child to nationality; (9) right to protection of a child as required by his status as a minor; (10) right of persons below 18 years old not to be sentenced to death for crimes; (11) right against the carrying out of death sentence on the part of a pregnant woman. International Covenant on Economic, Social and Cultural Rights (ICESCR) 1. The ICESCR, like the ICCPR, is an international covenant and is binding on the respective State Parties. 2. It embodies the second generation of human rights, although it lists more rights than the UDHR: (a) right to health; (b) right to strike; (c) right to be free from hunger; (d) rights to enjoy the benefits of scientific progress; (e) freedom for scientific research and creativity. INTERNATIONAL HUMANITARIAN LAW (IHL) AND NEUTRALITY 1. Is the branch of public international law which governs armed conflicts to the end that the use of violence is limited and that human suffering is mitigated or reduced by regulating or limiting the means of military operations and by protecting those who do not or no longer participate in the hostilities. ARMED CONFLICT (IHL), 1. All cases of declared war or any other armed conflict which may arise between two or more of the Highest Contracting parties, even if state of war is not recognized by one of them. (Art. 2, Geneva Convention of 1949) Categories of Armed Conflicts (1) International Armed Conflicts (2) Internal or Non-International Armed Conflict 1. Armed Conflict exists when there is resort to the use of force: (a) between two states (International Armed Conflict); (b) between government authorities an organized armed group; or (c) between such groups within the same territory (Non-international armed conflict) (Prosecutor vs. Tadic, Para. 70) (3) War of National Liberation 1. An armed conflict may be of such nature in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right to self-determination 2. It is considered an international armed conflict under Art. 1, par. 3 and 4 of Protocol I) Fundamental Principles of IHL 1. Parties to armed conflicts are prohibited from employing weapons or means or warfare that cause unnecessary damage or excessive suffering. 2. Parties to armed conflict shall distinguish between civilian populace from combatants and spare the former from military attacks. 3. Persons hors de combat and those who do not take part in hostilities shall be protected and treated humanely without any adverse distinction.
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4. 5. 6. 7.

It is prohibited to kill or injure an enemy who surrenders or who is hors de combat. The wounded and the sick shall be protected and cared for by the party who is in custody of them. Parties who captured civilians and combatants shall respect their right to life, dignity, conviction and other personal rights. A person is Hors de Combat if: (a) he is in the power of an adverse party to the conflict; (b) incapable of defending himself provided he abstains from any hostile act and does not attempt to escape; (c) he clearly expresses an intention to surrender. (Art.41(2) of Protocol I)

Treatment of Civilians 1. The Geneva Convention Relative to the Protection of Civilian Persons in Time of War (4th Geneva Convention:, Aug. 12, 1949) Prisoners of War 1. The Geneva Convention Relative to the Treatment of Prisoners of War (3rd Geneva Convention, Aug. 12, 1949) 2. The rights of a Prisoner of War (1949 Geneva Convention) are: (1) to be treated humanely; (b) not be subject to torture; (c) allowed to communicate with family; (d) receive food, clothing, religious articles, medicine; (e) bare minimum information; (f) keep personal belongings; (g) proper burial; (h) group according to nationality; (i) establishment of an information bureau; (j) repatriation of the sick and the wounded.

Law on Neutrality 1. Neutrality is the legal status of a State in times of war, by which it adopts impartiality in relation to the belligerents with their recognition. Rules of Neutrality: (The Hague Convention Respecting the Rights and Duties of Neutral Powers, Oct. 18, 1907) 1. the territory of the neutral power is inviolable; 2. belligerents are forbidden to move troops or munitions of war and supplies across the territory of a neutral power; 3. a neutral power is forbidden to allow belligerents to use its territory for moving troops, establishing communication facilities, or forming corps of combatants; 4. troops of belligerent armies received by a neutral power in its territory shall be interned by way from the theater of war; 5. he neutral power may supply them with food, clothing and relief required by humanity; 6. if the neutral power receives escaped prisoners of war, it shall leave them a place of residence if it allows them to remain in its territory; 7. the neutral power may authorize the passage into its territory of the sick and wounded if the means of transport bringing them does not carry personnel or materials of war.

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Law of the Sea 1. It is the body of treaty rules and customary norms governing the use of the sea, the explotation of its resources, and the exercise of juridcistion over maritime regimes (Magallona) 2. it is the branch of PIL which regulates the relations of States with respect to the use of the oceans. BASELINES 1. The lines from which a breadth of the territorial sea and other maritime zones, such as the contiguous zone and the exclusive economic zone is measured. 2. Its purpose is to determine the boundary of the coastal state. Normal Baseline 1. The territorial sea is the low-water line along the coast as marked on large scale charts officially recognized by the coastal state.(Art. 5,UN Convention on the Law of the Sea ) Straight Baseline 1. Where the coastline is deeply intended or cut into, or if there is a fringe of islands along the coast in its immediate vicinity, the method of straight lines joining the appropriate points may be employed in drawing the baseline from which the breadth of the teeritorial sea is measured. (Art. 7, UNCLOS) 2. Straight Baseline Method In defining the internal waters of the archipelago, straight baselines should be drawn to connect appropriate points of the outermost islands without departing radically from the general direction of the coast so that the entire archipelago shall be encompassed as one whole territory. The waters inside these baselines shall be considered internal and thus not subject to entry by foreign vessels without the consent of the local state.

ARCHIPELAGIC STATES 1. It is a state made up of wholly one or more archipelagos. It may include other islands. 2. Archipelago is a group of islands, including parts of islands, inter-connecting waters and other natural features which are closed interrelated in such islands, waters and other natural features which from an intrinsic geographical, economic and political entity or which historically has been regarded as such.

THE ARCHIPELAGIC DOCTRINE 1. The waters around, between and connecting the islands of the archipelago, regardless of their breadth or dimension, are to be treated as internal waters. (Article 1, Section 1 of the 1987 Constitution) Straight Archipelagic Baselines 1. Straight baselines join the outermost points of the outermost islands
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and drying reefs of an archipelago, provided that within such baselines are included the main islands and an area in which the ration of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1. Archipelagic Waters 1. These are the waters enclosed by the straight archipelagic baselines, regardless of their depth or distance from the coast. 2. It is subject to the sovereignty of the archipelagic state, but subject to the right of innocent passage for the ships of all states. Archipelagic Sea Lanes Passage 1. It is the right of foreign ships and aircraft to have continuous, expeditious, and unobstructed passage in sea lanes and air routes through or over archipelagic waters and the adjacent territorial sea of the archipelagic state. 2. Note: the archipelagic state designates the sea lanes as proposals to the competent international organization. It is the International Marine Organization (IMO) which adopts them through Art. 53 (9) of the UNCLOS which states that the Organization may adopt only sea lanes and traffic separation schemes as may be agreed with the archipelagic state, after which such state may designate, prescribe or substitute them. INTERNAL WATERS 1. Internal waters are those found in the bodies of waters within the land mass and the waters in gulfs and bays up to the point where the territorial waters begin. Among them are: 1) Rivers may be: national which is situated completely in the territory of one state; boundary which divides the territories of states; multinational which flows through various states or international which is navigable from the open sea and open to the use of vessels from all states. 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. MIDDLE OF THE BRIDGE DOCTRINE where there is a bridge over a boundary river, the boundary line is the middle or center of the bridge. 2) Bays and Gulfs: A Bay is well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a curvature of the coast. The area must be as large as or larger than a semi-circle whose diameter is a line drawn across the mouth of such indentation or if the mouth is less than 24 miles wide. Historic Bay These are bays whose waters are considered internal but which should not have that character were it not for the existence of a historic title.

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3) Straits are narrow passageways connecting two bodies of water. If the distance between the two opposite coasts is not more than 6 miles, they are considered internal waters. 4) Canals: The most famous are the Suez Canal, which is neutralized and the Panama Canal, which is open to everyone in times of war or peace. TERRITORIAL SEA 1. The belt of the sea located between the coast and internal waters of the coastal state on the one hand, and the high seas on the other, extending up to 12 nautical miles from the low-water mark or in the case of archipelagic states, from the baselines. 2. General Rule: Ships of all states enjoy the right of innocent passage through the territorial sea. The passage must be continuous and expeditious except in cases of force majure. Submarines and other underwater craft are required to navigate on the surface and to show their flag.

EXCLUSIVE ECONOMIC ZONE 1. Extends up to 200 nautical miles from the low-water mark or the baselines. Technically, the area beyond the territorial sea is not part of the territory of the state, but5 the coastal state may exercise sovereign rights over economic resources of the sea, seabed, subsoil although other states shall have freedom of navigation and over flight, to lay submarine rabbles and pipelines and other lawful uses. States with overlapping exclusive economic zones are enjoined to enter into the appropriate treaty for the joint exploitation and utilization of the resources in the area. CONTINENTAL SHELF 1. It comprises the seabed and the subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin or to a distance of 200 miles from the baselines from which the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance. The coastal state also enjoys the right of exploitation of oil deposits and other resources in the continental shelf. In case the continental shelf extends to the shores of another state, or is shared with another state, the boundary shall be determined in accordance with equitable principles. TRIBUNAL OF THE LAW OF THE SEA International Tribunal for the Law of the Sea 1. It is composed of 21 independent members elected from among persons enjoying the highest reputation for fairness and integrity and of recognized competence in the field of the law of the sea. 2. The composition shall also be representative of the worlds principal legal systems and of equitable geographical distribution.

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JURISDICTION: 1. Its jurisdiction covers all disputes submitted to in accordance with the UNCLOS. It also includes matters submitted to it under any other agreement. APPLICABLE LAWS IN SETTLEMENT OF DISPUTES BY THE ITLOS 1. The tribunal shall apply the UNCLOS and other rules of international law not incompatible with the UNCLOS. 2. It may also decide a case ex aequo et bono (what is equitable and just) if the parties so agree.

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