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Look 1st if there is a Treaty or Custom then you can Look at the Bar Subjects as guide for International

Law(General Principle of Law), then you can look at Decisions of Domestic and International Courts then
you can look at a most highly acclaimed publicist.
Next who has capacity to sue under International Law
Who are Considered as States in International Law.
----------------Chapter 1 to 3 Concept of State responsibility
UNCLOS – Convention or Covenant
The Custom is – Freedom of the High Seas
Custom – General practice accepted as law.
General Principle of Law accepted by Civilized States
ICC created By Rome Statute based on the Criminal Law.
Western South Africa Case – In analyzing how to resolve the dispute they used the Civil Law Concept of
Trust.
Human Rights are Customary.
Our Domestic Law principles can be used in answering International Law questions.
Fil Ortiga Case – Alien Torts Statute. Existing law wherein a person tortures someone they are the
enemy of mankind.
International Law Tribunals may actually help in development of some nations.
No rule of precedent(stare decisis) in decisions of the ICJ

Civil Law Who has capacity to sue – Natural and Juridical persons.
Some Non-State Entities may be held responsible under International Law, even their own leader will
have to face prosecution in front of International Law.
States – Subject of International Law (capacity to act)
Persons – Object of International Law (Beneficiary)
Individuals can be made Subjects to the extent that they can be held liable in International Law.
EU highest form of integration of states.

Jurisdiction – Criminal or Civil


Criminal – Matters of Extradition
Civil – Unfair Competition Law.
Theory of Nationality, Territoriality, Universality.
States can waive the exercise of their jurisdiction through Treaties and Customs.
Example of Treaties are Diplomatic Immunities

Who is Responsible; what is the extent of responsibility?


It is an internationally wrongful ACT or OMMISSION.
Wrongful because you violated any of the sources of obligation in International Law.

If it is a wrongful act or omission how do I know.


Rules on IMPUTABILITY(Go back to concept of Legal personality)

I cannot imprison a state but I can ask a state for reparation or damages (Responsibility not Liability).
Look into the concept of state agents (Because state agents are the one who suffers imprisonment)
Look at Political Subdivisions namely Executive, Legislative, and Judiciary.
Duty of Government when there is Rebellion. Minimum duty is to quell the Rebellion.

Principle of State Claim


If you are a citizen of your country, you have a right to be protected by the state.
Notembong Case and Barcelona traction case.
Notembong – Principle of Dual Citizenship.
Barcelona Traction – What is the personality of a Corporation
Malaya Lola Case – When it comes to state claim, it is still discretionary upon the executive, even when
you have a right to be protected by the state.

IN ICJ normally it is the states who have a capacity to sue


IN ICC Persons can have a capacity to sue

Note to self:
READ ARTICLES OF STATE RESPONSIBILITY.
Read Notembong Case and Barcelona traction case.
Read Trail Smelter Arbitration
Read the UN Charter

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