PUBLIC INTERNATIONAL LAW

I. Fundamental Precepts
II. Sources of International Law
 Art. 38, ICJ Statute
The Court, whose function is to decide in accordance with international law such disputes as are
submitted to it, shall apply:
a. international conventions, whether general or particular, establishing rules expressly
recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and
e. the teachings of the most highly qualified publicists of the various nations, as subsidiary
means for the determination of rules of law. This provision shall not prejudice the power of
the Court to decide a case ex aequo et bono, if the parties agree thereto.
Note:
 Art. 53, 1969 Vienna Convention on Treaties
o Treaties conflicting with a peremptory norm of general international law ( jus cogens ) - A treaty
is void if, at the time of its conclusion, it conflicts with a peremptory norm of general
international law. For the purposes of the present Convention, a peremptory norm of general
international law is a norm accepted and recognized by the international community of States as
a whole as a norm from which no derogation is permitted and which can be modified only by a
subsequent norm of general international law having the same

Cases on Customary Law

o Customary Law (Custom). A general and consistent practice of the states followed by
them from a sense of legal obligation.
o Elements of Custom:
 Material Factor – how a state behave
 Duration
 Uniformity and Consistency of practice
 Generality of practice
 Opinio Juris (General practice accepted as law – recognition of the
practices that are legally binding

 Subjective Factor – Why they behave the way they do

o Kuroda v. Jalandoni, G.R. No L-2662, 26 March 1949
 Customary norms binds everyone, who follow that custom. General
Principles of Law (as opposed to treaties), automatically forms part of the
law of the Land.
 The Phil. Constitution adopts the generally accepted principles of International
Law as part of the Law of Nation. The Constitution provides that the Philippines
renounces war as an instrument of national policy and adopts the generally
accepted principles of international law as part of the law of the nation.
 The rules and regulations of Hague, Geneva Conventions form part are wholly
based on the generally accepted principles of International Law. Even if RP is not
a signatory, it cannot be denied that the rules and regulations of the Hague and
Geneva Conventions are wholly based on the generally accepted principles of
international law.
 Such rules and principles, therefore, form part of the law of our nation even if RP
was not a signatory to the convention.
 By the Doctrine of Incorporation, the country is bound by the generally
accepted principles of international law, which are considered to be
automatically part of our own laws.
 o Yamashita v. Styer, G.R. No. L-129, 19 December 1945
 Mankind in general, has been covered by laws governing as far back the ancient
times. As such, the Philippines is bound by customary laws.
 Under the laws of war, a military commander has an implied power to
appoint and convene a military commission. This is upon the theory that since
the power to create a military commission is an aspect of waging war, military
commanders have that power unless expressly withdrawn from them.
 By the Articles of War, and especially Article 15, the Congress of the United
States has explicitly provided, so far as it may constitutionally do so, that military
tribunals shall have jurisdiction to try offenders or offenses against the
laws of war in appropriate cases.
o Kookooritchkin v. Solicitor General, G.R. No. L-1812, 27 August 1948
o Case Concerning the Military and Paramilitary Activities in and against Nicaragua
(Nicaragua v. US), ICJ Reports, 27 June 1986
 The Court held that the United States violated its customary international law
obligation not to use force against another State when its activities with the
contras resulted in the threat or use of force
 The United States violated the customary international law prohibition on the use
of force when it laid mines in Nicaraguan ports. It also violated this prohibition
when it attacked Nicaraguan ports, oil installations, and a naval base
 The United States could only justify its action on the basis of collective
self-defense
 Customary international law allows for exceptions to the prohibition on
the use of force, which includes the right to individual or collective self-
defence
 The Court held that the United States violated its customary international law
obligation not to use force against another State when it directly attacked
Nicaragua in 1983 and 1984 (armed attack)
 “the sending by or on behalf of a State of armed bands, groups,
irregulars or mercenaries, which carry out acts of (sic) armed force
against another State of such gravity as to amount to (inter alia) an
actual armed attack conducted by regular forces, or its (the State’s)
substantial involvement therein”
o North Sea Continental Shelf Cases, ICJ Reports, 20 February 1969
o South-West Africa Cases (Ethiopia v. South Africa; Liberia v. South Africa); Second
Phase, 18 July 1966
o Asylum Case (Colombia v. Peru), ICJ Reports, 20 November 1950
 Duration is not the most important element. More important is the consistency
and the generality of practice.
 Uniformity
o Nuclear Test Cases, ICJ Reports:
 New Zealand v. France, 1974
 Australia v. France, 1974
 Request for an examination of the situation in accordance with par. 63 of the
court's judgment of the 20 December 1974 in the Nuclear Tests (New Zealand v.
France) Case, 1995
o Legality of the Use by a State of Nuclear Weapons in Armed Conflict (Advisory Opinion),
ICJ Reports, 8 July 1996
o The Paquete Habana, 175 U.S. 677 (1900)
o Case Concerning the Right of Passage Over Indian Territory (Portugal v. India), ICJ
Reports, 12 April 1960
o Texaco v. Libya, 17 ILM or 53 ILR 389, 1978

Cases on General Principles of Law

o Case Concerning Preah Vihear Temple (Cambodia v. Thailand), ICJ Reports, 15 June
 1962
o Corfu Channel Case, ICJ Reports, 9 April 1949
o Chorzow Factory Case, 1928 PCIJ Ser. A, No. 17
o Barcelona Traction, Light and Power Company Case, ICJ Reports, 1970
o BP v. Libya, 53 ILR 297
o Saudi Arabia v. Arabian American Oil Company, 27 ILR L17
o Prosecutor v. Tadic, ILJ, 2 October 1995
o Salonga v. Executive Secretary, G.R No. 176051, 11 February 2009
o Medellin v. Texas, 552 U.S. 491 (2008)

III. Actors in International Law

Art. 1, Montevideo Convention on Rights & Duties of States, 49 Stat. 3097,1933

 Cases:
o Barcelona Traction, Light and Power Company Case, ICJ Reports, 1970
o Reparations for Injuries Suffered in the Service of the UN, ICJ Reports, 1949
o Mavrommatis Case, PCIJ, Ser. A, No. 2, 1924
o Certain Expenses of the UN, ICJ Reports, 1962

A. States

1. Territorial Sovereignty
 Cases:
o Island of Las Palmas Case (US v. Netherlands), 2 KIAA 829
o Las Palmas Arbitration Revisited, H. Harry L. Roque, Jr.
o Bishop Pedro Dulay et.al. v. Executive Secretary Eduardo Ermita (Case filed by Sir, et al,
regarding Palawan)
o Eastern Greenland Case, PCIJ Ser. A/B, No. 53
o SS Lotus Case, PCIJ Ser. A, No. 10
Thematic Lighthouses:
o Minquiers and Ecrehos Case, ICJ Reports 1953, p. 47
o Case Concerning Sovereignty Over Pulau Ligitan and Pulau Sipadan
(Indonesia/Malaysia)
o Eritrea-Yemen Arbitration, ICJ Reports, 1998
Map Cases:
o Eritrea-Yemen Arbitration, ICJ Reports, supra
o Preah Vihear Temple Case, ICJ Reports, supra
o Libya v. Chad, ICJ Reports 1994
o Anglo-Norwegian Fisheries Case, ICJ Reports 1951, p. 116
o Western Sahara Case, ICJ Reports, 1975
o El Salvador v. Honduras, with Nicaragua intervening, ICJ Reports,1992
o Clipperton Island Arbitration (France v. Mexico), 8 January 1931

2. UNCLOS
 Cases:

a. Internal Waters
 Military & Paramilitary Activities in and against Nicaragua (Nicaragua v. US), supra
 Saudi Arabia v. Arabian American Oil Company, supra
  Magallona et.al. v. Executive Secretary, G.R. No. 187167, 16 July 2011

b. Territorial Sea
 Arts. 27-32, UNCLOS
o "The Gulf of Sidra Incidents”, S Italian Yearbook of International Law
o Anglo-Norwegian Fisheries Case, ICJ Reports, 1951
o El Salvador v. Honduras, with Nicaragua intervening, ICJ Reports, 1992
o US v. California, 382 U.S. 448 (1966)
o US v. Louisiana, 382 U.S. 11 (1969)

c. Straits
 Corfu Channel Case, supra

d. Archipelagos
 Arts. 49, 52-53, UNCLOS
o Coquia, Analysis of the Archipelago Doctrine in the Law of the Sea, 8 PYIL 30
o Corfu Channel Case, ICJ Reports, 1949, supra

e. The Contiguous Zone

f. The Continental Shelf

 North Sea Continental Shelf Case, ICJ Reports, 1969, supra
 Libya v. Malta, ICJ Reports, 1985
 Tunisia v. Libya, ICJ Reports, 1982
 Aegean Sea Continental Shelf Case (Greece v Turkey), ICJ Reports, 1978
 Anglo-French Arbitration, ICJ Reports, 1979
 Case Concerning Maritime Delimitation in the area between Greenland and Jan Mayen
(Denmark v. Norway), 1993
 Canada & France, St. Pierre
 Malaysia v. Singapore
 Arigo v. Executive Secretary, supra
 Arigo v. Swift (Petition for Writ of Kalikasan, 2014)

g. The Exclusive Economic Zone

 Arts. 55-58, 70-73, UNCLOS
o Spain v. Canada (facts only), ICJ Reports, 1966
o M/V Saiga (St. Vincent & Grenadines v. Guinea), ITLOS Judgment, July 1, 1999
o Camouco Case (Panama v. France judgment, 7 Feb 2000,
www.un.org/depts/ios/itlos/jud-camouco.htm)

3. Jurisdiction & Immunities

Cases on Jurisdiction:
o People v. Lol-lo & Saraw, 43 Phil. 19 (1922)
o Tubb v. Greiss, 78 Phil. 249 (1947)
o Haw Pia v. China Banking, 80 Phil. 604 (1948)
o Brownell v. Sunlife, 95 Phil. 228 (1954)

Cases on Sovereign Immunities:

o Under Military Bases Agreement
 Lyons Inc. v. USA, 104 Phil 593
 USA v. Ruiz, 136 SCRA 487
 Wylie v. Rarang, 209 SCRA 357
  USA v. Reyes, 219 SCRA 192
 JUSMAG Philippines v. NLRC, 239 5CRA 224
o International Organizations
 WHO v. Aquino, 48 SCRA 242
 Minucher v.CA, 214 SCRA 242
 SEAFDEC v. Acosta, 226 SCRA 49
 Holy See v. Rosario, 238 SCRA 524
 ICMC v. Calleja, G.R. No. 85750, September 28, 1990
 Liang v. People, G.R. No. 125865, March 26, 2001
o Sovereign (Head of State) Immunities
 Forbes v. Chuoco Tiaco, 16 Phil. 534 (1910)
 Kuroda v. Jalandoni, supra
 David v. Arroyo, G.R. No. 171396, 3 May 2006
 Hilao v. Estate of Ferdinand Marcos, Judgment of Feb 1985 & Opinion/Order of
November 1995
 Ex Parte Pinochet, 38 ILM 581 (March 1999)
 Clinton v. Jones, 520 U.S. 681
 Belgium v. Senegal, ICJ, 20 July 2012
 Congo v. Belgium, ICJ Reports, 14 February 2002
 Doe v. UNOCAL, 963 F.Supp. 880 (1997)
 Germany v. Italy (3 February 2012), including Dissenting Opinion of Cançado
Trindade
o Kidnapping/Extradition Cases
 Israel v. Eichmann, 36 ILR 277 (Israel Supreme Court, 1962)
 Ker v. Illinois, 119 U.S. 436
 United States v. Alvarez-Machain, 504 U.S. 655 (1991)
 Sosa v. Alvarez-Machain, 542 U.S. 692 (2004)
 State v. Ebrahim, 26 February 1991, 2 SALR 553
 US v. Purganan (Mark Jimenez Cases) = 2 cases SC & MFR, G.R. No. 148571,
24 September 2002

4. International Responsibility
 Cases:
o Corfu Channel Case, ICJ Reports, supra
o Rainbow Warrior Arbitration (Report)
o US Diplomatic & Consular Staff (US v. Iran), ICJ Reports, 1980
o Doe v. UNOCAL, 395 F.3d 932 (9th Circuit); 403 F.3d 708
o Chorzow Factory Case, supra
o Prosecutor v. Tadic, supra
o Advisory Opinion on the Legal Consequences of the Construction of a Wall in the
Occupied Palestinian Territories
o Bosnia Case [Application of the Convention on the Prevention and Punishment of the
Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)], February 26,
2007
o Trail Smelter Case
State Responsibility, Harris Casebook, 1994 & 2004 editions
1994 edition
o Union Bridge Company Claim (US v. Great Britain), 1924
o Youmans Claim (US v. Mexico), 1926
o Zafiro Claim (Great Britain v. US), 1925
o Bolivar Railway Company Claim (Great Britain v. Venezuela), 1903
2004 edition
o Neer Claim (US v. Mexico), 1926
o Starrett Housing Corp. v. Iran (Interlocutory Award) (US v. Iran), 1983
5. Vienna Convention on the Law of Treaties

Cases:
Definition of "treaty"
 Abaya v. Sec. Ebdane, G.R. No. 167919, 14 February 2007
 DBM v. Kolonwel Trading (consolidated cases), G.R. No. 175608, 8 June 2007
 Suplico v. NEDA, G.R. No. 178830, 14 July 2008
 CNMEG v. Hon. Santa Maria, G.R. No. 185572, 7 February 2012

Definition of "ratification"
 Commissioner of Customs v. Eastern Sea Trading, G.R. No. L-14279, October 31, 1961
 Bayan v. Zamora, G.R. No. 138570, October 10, 2000
 Lim v. Executive Secretary, G.R. No. 151445, April 11, 2002
 Pimentel v. Executive Secretary, G.R No. 158088, July 6, 2005
 Akbayan v. Aquino, G.R. No. 170516, July 16, 2008
 Salonga et. al. v. Smith et. al., G.R. No. 176051, February 11, 2009
 Vinuya v. Executive Secretary, G.R. No. 162230, April 28, 2010
 Bayan Muna v. Executive Secretary, G.R. No. 159618, February 1, 2011
 Reservations to the Convention on the Prevention and Punishment of the Crime of Genocide
 Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. US), supra

6. Vienna Convention on Diplomatic Relations; Vienna Convention on Consular Relations and Optional
Protocols
 Cases:
o US Diplomatic & Consular Staff (US v. Iran), ICJ Reports, 1980
o Case Concerning Avena and other Mexican Nationals (Mexico v. USA), 31 March 2004.

B. International Organizations
1. The UN Charter & The Use of Force
 Arts. 2(3), 2(4), 24(1), 25, 23(1), 27(3), UN Charter
 Higgins, Chapters 10, 14 & 15
 Cases:
o Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. US), supra
o Legality of the Use by a State of Nuclear Weapons, ICJ Reports, supra
o Legality of the Use of Force (Yugoslavia v. US), US 38 ILM 1199
o The Relationship between the UN Charter and General International Law Regarding Non-
use of Force: The Case of NATO's air campaign in the Kosovo crisis of 1999, Shinya
Murase
o The Caroline Case
o M.W. Reisman, "Assessing Claims to Revise the loss of War," 97 AJIL 82 at 87, 2003
o Case Concerning Oil Platforms (Islamic Republic of Iran v. United States of America),
December 12,1996
o Armed Activities on the Territory of Congo (Democratic Republic of the Congo v. Uganda),
ICJ (2005)
o Re: Certain Expenses of the UN, supra

2. International Court of Justice

 Arts. 92, 93, 94, 96, UN Charter
 Arts. 1, 34(1), 35(1), ICJ Statute

a. Applicable Law
 Arts. 38 & 59, ICJ Statute
b. Jurisdiction
 Art. 36(1), (2) & (3), ICJ Statute

c. Advisory Opinions

Cases on Jurisdiction:
 Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. US), supra
 Lockerbie Case (Libyan Arab Jamahiriya v. USA) ICJ Reports, 1988
 ELSI Case, ICJ Reports, 1989
 South West Africa Cases, ICJ Reports, 1966
 Nauru v. Australia, ICJ Reports, 1992
 Case Concerning East Timor (Portugal v. Australia) ICJ Reports, 1995

Cases on Provisional Measures:

 Bosnia Case (Application of the Convention on the Prevention and Punishment of the
Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), supra
 Lockerbie Case (Libyan Arab Jamahiriya v. USA), supra

Cases on Dispute:
 Admissions Case (Conditions of Admission of a state to membership in the United
Nations), ICJ Reports, May 28,1948
 Free Zones Case (Case of the Free Zones of Upper Savoy and the District of Gex), PCIJ
Ser. A/B. No. 45, June 7, 1932
 Mavrommatis Case, supra
 UN Headquarters Advisory Opinion (Applicability of the Obligation to Arbitrate under Sec.
21 of the UN Headquarters Agreement of June 26, 1947), ICJ Reports, April 26, 1988

Cases on Advisory Opinions:

 Legality of the Use by a State of Nuclear Weapons in Armed Conflict (WHO Request),
ICJ Reports, 1996
 Monetary Gold Case (Monetary Gold Removed from Rome in 1943 (Italy v. France, UK of
Great Britain & Northern Ireland, & the USA)), ICJ Reports, June 15, 1954
 Certain Expenses of the UN, supra
 Western Sahara Case, supra
 Botswana v. Namibia (Case Concerning Kasikili/Sedudu Island), ICJ Reports, 1999
 Status of Eastern Carelia (Finland v. Russia;, PCIJ Ser. B, No. 5, July 23,1923
 Advisory Opinion on the Local Consequences of the Construction of a Wall in the
Occupied Palestinian Territories, supra

C. The Individual
1. Human Rights (Report)

2. International Criminal Law

a. Nuremberg Tribunal
b. Tokyo War Crimes Tribunal (Report)
c. 1949 Geneva Conventions
d. 1978 Additional Protocol to the Geneva Convention
e. Security Council Resolution No. 827 (Yugoslavia War Crimes Tribunal)
f. Security Council Resolution No. 955 (Rwanda War Crimes Tribunal)
g. 1998 Rome Convention on the International Criminal Court

Cases:
 Advisory Opinion on Legality of Nuclear Weapons; (WHO Request), ICJ Reports, 1996
 Yugoslavia War Crimes Tribunal Decision on Tadic, 15 July 1999
  Dizon v. Commanding General
 Rasul v. Bush
 Hamdan v. Rumsfeld, 548 U.S. 557 (2006)
 Boumedienne v. Bush, 12 June 2008

3. Foreign Investments & Natural Resources

Cases:
 Texaco v. Libya, 17 ILM or 53 ILR 389, 1978
 BP v. Libya, 53 ILR 2
 Saudi Arabia v. Arabian American Oil Company, 27 ILR 117
 Chorzow Factory Case, supra
 LIAMCO v. Libyan Arab Republic, 62 ILR 140
 Starrett Housing Case, 4 Iran-US Claims Tribunal Reports
 Kuwait v. Aminoil, 66 ILR 518
 Sapphire Case, 3B ILR 136

a. When Lawful
 Starrett Housing Case, 4 Iran-US Claims Tribunal Reports
 Amoco Case (US v. Iran), 27 ILM 1314
 Phillips Petroleum Company Iran, v. The Islamic Republic of Iran, and The National
Iranian Oil Co., 21 Iran-US Claims Tribunal Reports

b. WTO

Cases:
 Tañada v. Angara, G.R. No. 118295, 2 May 1997
 Amicus Curiae Memorandum of Ambassador Lilia Bautista in Tañada v. Angara,
supra

Appellate Body Reports:

 Japan—Taxes on alcoholic beverages, October 4, 1996
 Korea—Taxes on alcoholic beverages, January 3,1999
 United States—Standards for Reformulated and Conventional Gasoline, April
29,1996
 European Communities—Measures Affecting Asbestos and Asbestos-Containing
Products, March 12, 2001
 European Communities—Anti-Dumping Duties on Imports of Cotton-type Bed
Linen from India, April 8, 2003