TERRITORY The fixed portion of the surface of the earth inhabited by the people of the state.

The territory must be permanent and indicated with precision because its limits generally define the jurisdiction of the state. ACQUISITION OF TERRITORY 1. discovery and occupation 2. prescription 3. cession 4. subjugation 5. accretion LOSS OF TERRITORY 1. abandonment or dereliction 2. cession 3. subjugation 4. prescription 5. erosion 6. revolution 7. natural causes DISCOVERY AND OCCUPATION An original mode of acquisition by which territory not belonging to any state, or terra nullius is placed under the sovereignty of the discovering state. a)possession b)administration

INCHOATE TITLE OF DISCOVERY Function of barring other states from entering the territory until the lapse of a reasonable period within the discovering state may establish a settlement thereon and commence to administer it. discovery alone without any subsequent act cannot suffice to prove sovereignty TERA NULLIUS land that belongs to no one RES COMMUNIS a thing common to all RES NULLIUS physical things which have not or have never had an owner ANIMUS OCCUPANDI actual and not nominal taking of possession is a necessary condition of occupation. Series of acts by which the occupying state reduces to its possession the territory in question and takes steps to exercise exclusive authority there. DERELICTION When the state exercising sovereignty over it physically withdraws from it with the intention of abandoning it altogether. a)act of withdrawal b)intention to abandon PRESCRIPTION In international law, prescription requires long, continued and adverse possession to vest acquisitive title in the claimant

CESSION A method by which territory is transferred from one state to another by agreement between them. Essentially consensual, transfer is effected upon the meeting of the minds of the parties and does not have to bide the actual delivery of the ceded territory to the acquiring state. SUBJUGATION Territory is acquired when, having been previously conquered or occupied in the course of war by the enemy, it is formally annexed to it at the end of the war. Conquest alone confers only an inchoate right on the occupying state; it is the formal act of annexation that completes the acquisition. ACCRETION Accomplished through both natural and artificial processes, as by the gradual and imperceptible deposit of soil on the coasts of the country through the action of the water. ACCESIO CEDIT PRINCIPALI Accession or annexation of a thing to another by which the thing annexed becomes part of that to which it is annexed and the property of the owner of the latter. COMPONENTS OF TERRITORY A) TERRESTRIAL DOMAIN land mass

B) MARITIME AND FLUVIAL DOMAIN bodies of water within the land mass and the waters adjacent to the coasts of the state up to a specified limit

BAYS a 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 mere curvature of the coast TERRITORIAL SEA the belt of waters adjacent to the coasts of the state, excluding the internal waters in bays and gulfs, over which the state claims sovereignty and jurisction UN CONFERENCES LAW OF THE SEA Uniform breadth 12 miles for the territorial sea Contiguous zone 12 miles from the outer limits of the TS Economic zone 200 miles from the low-water mark Territorial Sea 12 miles from the low-water mark of our coasts ARCHIPELAGO DOCTRINE ARTICLE I The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.

ARCHIPELAGO a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such. C) AERIAL DOMAIN

CHAPTER 11 JURISDICTION JURISDICTION authority exercised by a state over persons and things within or sometimes outside its territory, subject to certain exceptions. PERSONAL JURISDICTION Power exercised by a state over its nationals DOCTRINE OF INDELIBLE ALLEGIANCE an individual may be compelled to retain his original nationality notwithstanding that he has already renounced or forfeited it under the laws of the second state whose nationality he has acquired. ENGLISH RULE Coastal state shall have jurisdiction over all offenses committed on board such vessels FRENCH RULE

The flag state shall have jurisdiction over all offenses committed on board such vessels OPEN SEAS A state may exercise jurisdiction on the open seas: 1)over its vessels 2)over pirates 3)in the exercise of the right of visit and search 4)under the doctrine of hot pursuit AERIAL JURISDICTION Five air freedoms 1)freedom to fly across foreign territory without landing 2)freedom to land for non-traffic purposes 3)freedom to put down traffic originating in the state of the aircraft 4)freedom to embark traffic destined for the state of the aircraft 5)freedom to emrbak traffic destined for or to put down traffic originating in a third state EXTERRITORIALITY also called exterritoriality, or diplomatic immunity , in international law, the immunities enjoyed by foreign states orinternational organizations and their official representatives from the jurisdiction of the country in which they are present. Extraterritoriality extends to foreign states or international organizations as entities and to their heads, legations, troops in passage, war vessels, mission premises, and other assets. It exempts them, while within the territory of a foreign sovereign, from local judicial process, police interference, and other measures of constraint.

PACTA SUNT SERVANDA In its most common sense, the principle refers to private contracts, stressing that contained clauses are law between the parties, and implies that nonfulfillment of respective obligations is a breach of the pact. With reference to international agreements, "every treaty in force is binding upon the parties to it and must be performed by them in good faith REBUS SIC STANTIBUS is the legal doctrine allowing for treaties to become inapplicable because of a fundamental change of circumstances. It is essentially an "escape clause" that makes an exception to the general rule of pacta sunt servanda Because the doctrine poses a risk to the security of treaties as its scope is relatively unconfined, it requires strict regulations as to the conditions in which it may be invoked. DAMNUN ABSQUE INJURIA a phrase expressing the principle of tort law in which some person (natural or legal) causes damage or loss to another, but does not injure them, and thus the latter has no legal remedy. For example, opening a burger stand near someone else's may cause them to lose customers, but this in itself does not give rise to a cause of action for the original burger stand owner.

Under this principle, the legitimate exercise of a person's rights, even if it causes loss to another, does not automatically result in an actionable injury. The law does not prescribe a remedy for the loss. This principle does not, however, apply when there is an abuse of a person's right, or when the exercise of this right is suspended or extinguished pursuant to a court order. Indeed, in the availment of one's rights, one must act with justice, give their due, and observe honesty and good faith POSTLIMUNIUM RIGHT OF POSLIMINY Is that which persons or things taken by the enemy are resorted to the former state on coming actually into the power of the nation to which the belong THALWEG DOCTRINE States that river boundaries between two states may be, if the two states agree, be divided by the mid-channel. DOCTRINE OF STATE RESPONSIBILITY Instances where an alien may hold the state liable for injuries committed against him while within its territory a) international delinquency b) directly/indirectly imputable to it c) causes injury to the national of another state INTERNATIONAL STANDARD OF JUSTICE The standard of the reasonable state, that is, as referring to the ordinary norms of official conduct observed in civilized jurisdictions EXTRADITION

The surrender of a person by one state to another state where he is wanted for prosecution or, if already convicted, for punishment 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 offenses in the extradition treaty ATTENTAT CLAUSE The murder of the head of any state or any member of his family is not to be regarded as a political offense for the purpose of extradition NATURALIZATION Jure Soli nationality of the state where he is born Jure Sanguinis nationality of his parents DIRECT a) individual proceedings b) special act of the legislature c) collective change of nationality d) adoption of an orphan as the nationals of the state where they are born DERIVATIVE a) wife of the naturalized husband b) minor children of the naturalized parent c) alien woman upon marriage to a national LEGAL v. POLITICAL DISPUTE

LEGAL if it involves justiciable rights based on law or fact susceptible of adjudication by a judicial or arbitral tribunal POLITICAL if it cannot be decided by legal processes on the basis of the substantive rules of international law because the difference of the parties spring from animosities in their mutual attitudes rather than from an antagonism of legal rights RETORSION Any action taken in retaliation where the acts complained of do not constitute a legal ground of offense but are rather in the nature of unfriendly acts but indirectly hurtful to other states REPRISAL Are an act of self help on the part of the injured state, responding after an unsatisfied demand to act contrary to international law on the part of the offending state. PREVENTIVE ACTION Security Council may adopt measures not involving the use of armed force ENFORCEMENT ACTION If the Security Council deems that such actions would be inadequate, it may then take such action as may be necessary to maintain or restore international peace CALVO CLAUSE Stipulation by which the alien waives or restricts his right to appeal to his own state in connection with any claim arising

from the contract and agrees to limit himself to the remedies available under the laws of the local state NEUTRALITY V. NEUTRALIZATION NEUTRALITY dependent solely on the attitude of the neutral state, which is free to join any of the belligerents any time it sees fite NEUTRALIZATION results of a treaty wherein the duration and the other conditions of the neutralization are agreed upon by the neutralized state and other powers UTI POSSIDETIS V. STATUS QUO ANTE UTI property of territory in the possession of the respective belligerents upon the termination of the war is retaind by them STATUS which calls for the complete restoration to their former owners of property or territory that may have changed hands during the hostilities, with the exception only of prize and booty METHODS OF DEFINING TERRITORIAL SEA a) Normal Baseline Method the TS is simply drawn from the low-water mark of the coast, to the breadth claimed, following its sinuosities and curvatures but excluding the internal waters in bays and gulf b) Straight Baseline Method straight lines are made to connect appropriate points on the coast without departing radically from its general direction ESSENTIAL REQUISITES OF A TREATY

1) it must be entered into by parties with treaty-making capacities 2) entered through the authorized representatives 3) without the attendance of duress, fraud, mistake or other vice of consent 4) on any lawful subject matter 5) in accordance with their respective constitutional processes LIMITATIONS OF REBUS SIC STANTIBUS a) applies only to treaties of indefinite duration b) the vital change must have been unforeseen of unforeseeable and should have been caused by the party invoking the doctrine c) the doctrine must be invoked within a reasonable time d) it cannot operate retroactively upon the provisions of the treat already executed prior to the change of circumstances AMICABLE METHODS OF SETTLING DISPUTES 1. negotiation 2. inquiry 3. good offices 4. mediation 5. conciliation 6. arbitration 7. judicial settlement 8. resort to regional and international organizations WHEN THE SECURITY COUNCIL CAN INTERVENE a) all disputes affecting international peace and security

b) all disputes which, although coming under the domestic jurisdiction clause, have been submitted to it by the parties for settlement WHO MAY BRING AN ACTION TO THE S. COUNCIL 1. the security council itself, on its own motion 2. general assembly 3. secretary-general 4. any member of the UN 5. any party to the dispute FUNDAMENTAL PRINCIPLES OF EXTRADITION 1. is based on the 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 offenses in the extradition treaty 3. any person may be extradited 4. political and religious offenders are generally not subject to extradition