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Chapter 1 General Principles

Nature and Scope


International Law A body of rules and principles of action
which are binding upon civilized states in their relation with one
another (traditional concept); the body of legal rules which
apply between sovereign states and such other entities as
have been granted international personality (Schwarzenberger)
Divisions of International Law
1.
2.
3.

Laws of peace govern the normal relations of states


Laws of war govern the relations between hostile
states for the duration of the war
Laws of neutrality govern the relations between
states not involved in the war and states involved in
the war

The treaty is always subject to qualification or amendment by a


subsequent law, and the same may never curtail or restrict the
scope of the police power of the state. (Ichong v. Hernandez)
An executive agreement entered into should not be in conflict
or in violation of the Constitution and statutes enacted by the
Congress prior thereto. (Gonzales v. Hechanova)
Sanctions of International Law
1.

2.
3.

Distinctions between Municipal Law and International Law


4.
1.

2.

3.

4.

5.

Municipal law is issued by a political superior for


observance by those under its authority whereas
international law is not imposed upon but simply
adopted by states as a common rule of action among
themselves;
Municipal law consists mainly of enactments from the
lawmaking authority of each state whereas
international law is derived not from any particular
legislation but from such sources as international
customs, international conventions and the general
principles of law;
Municipal law regulates the relations of individuals
among themselves or with their own states whereas
international law applies to the relations inter se of
states and other international persons;
Violations of municipal law are redressed through
local administrative and judicial processes whereas
questions of international law are resolved through
state-to-state transactions ranging from peaceful
methods like negotiations and arbitration to the hostile
arbitrament of force like reprisals and even war;
Breaches of municipal law generally entail only
individual responsibility whereas responsibility for
infractions of international law is usually collective in
the sense that it attaches directly to the state and not
to its nationals.

Relation to Municipal Law


Doctrine of incorporation where a state affirms its recognition
of the principle of international law in their constitutions
The Philippines renounces war as an instrument of national
policy, adopts the generally accepted principles of international
law as part of the law of the land, and adheres to the policy of
peace, equality, justice, freedom, cooperation and amity with
all nations. (Doctrine of incorporation, Sec. 2, Art. II,
Constitution)
Doctrine of transformation holds that the generally accepted
rules of international law are not per se binding upon the state
but must first be embodied in legislation enacted by the
lawmaking body and so transformed into municipal law

In an actual conflict between international law and


municipal law, which should prevail? Ans: According
to Cruz, the solution is not yet in sight.

Constitution v. Treaty
Pacta sunt servanda every state has the duty to carry out in
good faith its obligations arising from treaties or other sources
of international law

5.

The belief shared by many states in the inherent


reasonableness of international law and in their
common conviction that its observance will redound to
the welfare of the whole society of nations.
The normal habits of obedience ingrained in the
nature of man as a social being.
The respect for world opinion held by most states, or
their desire to project an agreeable public image in
order to maintain the goodwill and favourable regard
of the rest of the family of nations.
The constant and reasonable fear that violations of
international law might visit upon the culprit the
retaliation of other states.
The machinery of the United Nations which, within its
limited powers, has on many occasions proved to be
an effective deterrent to international disputes caused
by disregard of the law of nations.

Functions of international law


1.

2.

3.

4.

Establish peace and order in the community of


nations and to prevent the employment of force,
including war, in all international relations.
Promote world friendship by levelling the barriers, as
of color or creed, that have so far obstructed the
fostering of a closer understanding in the family of
nations.
Encourage and ensure greater international
cooperation in the solution of certain common
problems of a political, economic, cultural or
humanitarian character.
Provide for the orderly management of the relations of
states on the basis of the substantive rules they have
agreed to observe as members of the international
community.

Distinctions with Other Concepts


International morality or ethics embodies those principles
which govern the relations of states from the higher standpoint
of conscience, morality, justice and humanity
International comity refers to those rules of courtesy
observed by states in their mutual relations, in that violations of
its precepts are not regarded as constituting grounds for legal
claims
International diplomacy relates to the objects of national or
international policy and the conduct of foreign affairs or
international relations; the application of intelligence and tact to
the conduct of official relations between independent states
International administrative law that body of laws and
regulations, now highly developed, created by the action of
international conferences or commissions which regulate the
relations and activities of national and international agencies
with respect to those material and intellectual interest which
have received an authoritative universal recognition.

Chapter 2 Sources of International Law


Primary or direct sources of international law:
1.
2.
3.

Treaties or conventions
Customs
General principles of law

Secondary or indirect sources of international laws:


1.
2.

Decisions of courts
Writing of publicists

Treaties

Elements of a state:
1.

3.
4.

Custom
Custom is a practice which has grown up between states and
has come to be accepted as binding by the mere facts of
persistent usage over a long period of time. Ex. Principle of
exterritoriality.
Distinction between custom and usage:
Usage, while also a long established way of doing
things by states, is not couple with the conviction that
it is obligatory and right.

General Principle of Law


General principles of law are mostly derived from the law of
nature and are observed by the majority of states because they
are believed to be good and just. Ex: prescription, estoppels,
pacta sunt servanda, consent, res judicata
Secondary Sources
The doctrine of stare decisis is not applicable in international
law, and so the decision of a court in one case will have only
persuasive value in the decision of a subsequent case.
The decision of the Court has no binding force except between
the parties and in respect to that particular case. (Article 59,
Statute of the International Court of Justice)

Chapter 3 The International Community


The international community may be described as the body of
juridical entities which are governed by the law of nations.
Subject and Object Distinguished
Distinctions between subject of international law and object of
international law:
1.

State from the viewpoint of international law, it may be


defined as a group of people living together in a definite
territory under an independent government organized for
political ends and capable of entering into international
relations

2.

The treaty, to be considered a direct source of international


law, must be concluded by a sizable number of states and thus
reflect the will or at least the consensus of the family of
nations.

1.

States

A subject of international law is an entity that has


rights and responsibilities under that law. It has an
international personality in that it can directly assert
rights and be held directly responsible under the law
of nations. On the other hand, an object of
international law is the person or thing in respect of
which rights are held and obligations assumed by the
subject. It is, therefore, not directly governed by the
rules of international law. Its rights are received and
its responsibilities imposed indirectly, through the
instrumentality of an intermediate agency.

People human beings living within the states


territory; they should be of both sexes and sufficient in
number to maintain and perpetuate themselves
Territory the fixed portion of the surface of the earth
in which people of the state reside; it should be big
enough to be self-sufficient and small enough to be
easily administered and defended
Government the agency through which the will of
the state is formulated, expressed and realized
Sovereignty the power of the state to direct its own
external affairs without interference or dictation from
other states

Classification of states:
1.

Independent states a state which is not subject to


dictation from others in its external affairs
a. Simple states those which are placed
under a single and centralized government
exercising power over both its internal and
external affairs
b. Composite states consist of two or more
states, each with its own separate
government but bound under a central
authority exercising, to greater or lesser
degree, control over external relations
i. Real union created when two or
more states are merged under a
unified authority so that they form a
single international person through
which they act as one entity; the
states forming this union retain their
separate
identities
but
their
respective
international
personalities are extinguished and
blended in the new international
person, which, however, is not
regarded as a state in itself
ii. Federal union or federation a
combination of two or more
sovereign states which upon
merger cease to be states, resulting
in the creation of a new state with
full international personality to
represent them in their external
relations as well as a certain degree
of power over their domestic affairs
and their inhabitants
iii. Confederation an organization of
states which retain their internal
sovereignty and, to some degree,
their external sovereignty, while
delegating to the collective body
power to represent them as a whole
for certain limited and specified
purposes
iv. Personal union comes into being
when two or more independent
states are brought together under
the rule of the same monarch, who
nevertheless does not become one
international person for the purpose
of representing any or all of them;
each member remains a state and

2.

an international person, although its


external policies are directed by the
same ruler who dictates the foreign
affairs of the other components of
the union
v. Incorporate union a union of two
or more states under a central
authority empowered to direct both
their external and internal affairs
and possessed of a separate
international personality
c. Neutralized states
Dependent states
a. Protectorate
b. Suzerainty the dominion of a suzerain
(Webster)

Suzerain a dominant state controlling the foreign relations of


a vassal state but allowing it sovereign authority in its internal
affairs (Webster)
Vatican City as a State:
1.

2.
3.

4.

Italy, through the Lateran treaty, recognizes full


ownership, exclusive dominion, and sovereign
authority of jurisdiction of the Holy See over the
Vatican;
Italy gave up a part of its territory for Vatican;
Although its population does not reach seven hundred
and is composed almost exclusively of individuals
residing therein by virtue of their office, nevertheless,
it is the population of a state;
The Pope is the government.

Suspension is effected by two-thirds of those present and


voting in the General Assembly upon favourable
recommendation of at least nine members of the Security
Council, including all its permanent members.
Nationals of the member may, however, continue serving in the
Secretariat and the International Court of Justice as they are
regarded as international officials or civil servants acting for the
Organization itself.
Since its suspension affects only its rights and privileges, the
member is still subject to the discharge of its obligations under
the Charter.
Expulsion of Members
A member which has persistently violated the principles
contained in the Charter may be expelled by two-thirds of
those present and voting in the General assembly upon the
recommendation of the Security Council by a qualified majority
vote.
Withdrawal of Members
When members may be allowed to withdraw from the United
Nations:
1.

2.

3.

If the organization was revealed to be unable to


maintain peace or could do so only at the expense of
law and justice;
If the members rights and obligations as such were
changed by a Charter amendment in which it had not
concurred or which it finds itself unable to accept; or
If an amendment duly accepted by the necessary
majority, either in the General Assembly or in a
general conference is not ratified.

Colony or dependency part and parcel of the parent state,


through which all its external relations are transacted with other
states, and, therefore, has no legal standing in the family of
nations

Organs of the United Nations

Kinds of trust territories:

The six principal organ of the United Nations:

1.
2.
3.

Those held under mandate under the League of


Nations
Those territories detached from the defeated states
after World War II
Those voluntarily placed under the system by the
state responsible for their administration

Conditions vesting administrative bodies created by agreement


among state with international personality:
1.
2.

Their purpose are mainly non-political; and


They are autonomous, i.e., not subject to the control
of any state.

Chapter 4 The United Nations


Qualifications for admission in the United Nations:
1.
2.
3.
4.
5.

It must be a state;
It must be peace loving;
It must accept the obligations of the Charter;
It must be able to carry out these obligations;
It must be willing to carry out these obligations.

In addition to the original members, other members may be


admitted to the United Nations by decision of the General
Assembly only upon the favourable recommendation of the
Security Council. (Art. 4(2))

Suspension of Members

1.

The General Assembly the most representative of


the organs of the United Nations; Functions:
a. Deliberative initiating studies and making
recommendations towards the progressive
development of international law and its
codification and recommending measures for
the peaceful adjustment of any situation
which it deems likely to impair the general
welfare or friendly relations among nations
b. Supervisory receiving and considering
annual and special reports from the other
organs of the United Nations, making
recommendations for the coordination of
their various functions, and approving
trusteeship agreements in non-strategic
areas
c. Financial the consideration and approval of
the budget of the organization, the
apportionment of expenses among its
members and the approval of financial
arrangements with specialized agencies
d. Elective the election of the non-permanent
members of the Security Council, all member
of the Economic and Social Council, and
some of the members of the Trusteeship
Council, as well as, in concurrence with the
Security Council, the Secretary General and
the Judges of the International Court of
Justice
e. Constituent the admission of members and
the amendment of the Charter of the United
Nations

Each member of the General Assembly has one vote.

2.

The Security Council the key organ of the United


Nations in the maintenance of international peace and
security

Non-permanent member of the Security Council are not eligible


for immediate re-election.
The Yalta Formula:
Procedural matters (DECISION = affirmative vote of any nine
or more members)
Non-procedural/Substantive matters (DECISION = at least 4
affirmative votes from the non-permanent members +
affirmative votes of all the 5 permanent members)
The characterization of a question is considered a nonprocedural matter in the Security Council. (Mao nang naay
ginatawag na double veto.)
The abstention or absence of any permanent member in
connection with a voting on a non-procedural question is not
considered a veto, and the proposal is deemed adopted if
approved by at least nine members of the Security Council
including the rest of the permanent member.
3.
4.

The Economic and Social Council


The Trusteeship Council the organ charged with
the duty of assisting the Security Council and the
General Assembly in the administration of the
international trusteeship system; Composition:
a. The members of the United Nations
administering trust territories;
b. The permanent members of the Security
Council not administering trust territories;
c. As many other members elected for threeyear terms by the General Assembly as may
be necessary to ensure that the total number
of members of the Trusteeship Council is
equally divided between those Members of
the United Nations which administer trust
territories and those which do not.

The Trusteeship Council has largely become obsolete with the


conversion of practically all trust territories into full-fledged
miniature states.
5.

The international Court of Justice the judicial


organ of the United Nations

The jurisdiction of the Court is based on the consent of the


parties as manifested under the optional jurisdiction clause in
Article 36 of the Statute and comprises all cases which they
refer to it and all matters especially provided for in the Charter
or in treaties and conventions in force.

Chapter 5 The Concept of the State


The State is the principal subject of international law.
Creation of the State
Generally accepted methods by which the status of a State is
acquired:
1.
2.
3.
4.
5.
6.

Revolution
Unification
Secession
Assertion of independence
Agreement
Attainment of civilization

The Principle of State Continuity


Principle of State Continuity provides that from the moment
of its creation, the state continues as juristic being
notwithstanding changes in its circumstances, provided only
that they do not result in loss of any of its essential elements
Succession of States
State succession takes place when one state assumes the
rights and some of the obligation of another because of certain
changes in the condition of the latter
Types of state succession:
1.

2.

Universal succession takes place when a state is


annexed to another state or is totally dismembered or
merges with another state to form a new state
Partial succession takes place when a portion of the
territory of a state secedes or is ceded to another or
when an independent state becomes a protectorate or
a suzerainty or when a dependent state acquires full
sovereignty

Consequences of State Succession


1.

2.
3.

4.

5.

The allegiance of inhabitants of the predecessor state


in the territory affected is transferred to the successor
state;
They are also naturalized en masse;
The political laws of the former sovereign are
automatically abrogated and may be restored only by
a positive act on the part of the new sovereign;
Treaties of a political and even commercial nature, as
well as treaties of extradition, are also discontinued,
except those establishing easements and servitudes;
All rights of the predecessor state are inherited by the
successor state but this is not so where liabilities are
concerned.

Succession of Governments
6.

The Secretariat the chief administrative organ of


the United Nations

The Secretary-General is entitled to full diplomatic immunities


and privileges which only the Security Council may waive. The
immunities of other key-officials of the United Nations may be
waived by the Secretary-General.
The Secretary-General and the members of his staff are
international officers solely responsible to the Organization and
are prohibited from seeking or receiving instruction from any
government or any other authority external to the United
Nations.
Subsidiary organs:
1.
2.
3.

Military Staff Committee;


International Law Commission;
Commission on Rights.

Succession of governments where one government replaces


another either peacefully or by violent methods
It is well settled that as far as the rights of the predecessor
government are concerned, they are inherited in toto by the
successor government.
Where the new government was organized by virtue of a
constitutional reform duly ratified in a plebiscite, the obligations
of the replaced government are also completely assumed by
the former.
Where the new government was established through violence,
as by a revolution, it may lawfully reject the purely personal or
political obligations of the predecessor government but not
those contracted by it in the ordinary course of official
business.

Chapter 6 Recognition
The admission of an entity acquiring the element of
international personality to the family of nations is dependent
on the acknowledgement of its status by those already within
the fold and their willingness to enter into relations with it as a
subject of international law.

represent and witness their intention to enter into relations with


them
Three kinds of de facto government:
1.
2.

Two views of recognition:


1.

2.

Majority view: Recognition is merely declaratory and


only affirms the pre-existing fact that the entity being
recognized already possesses the status of an
international person.
Minority view: Recognition is constitutive, meaning
that it is the last indispensable element that converts
or constitutes the entity being recognized into an
international person.

Objects of Recognition
Recognition of a state is generally held to be irrevocable and
imports the recognition of its government. Recognition of a
government, on the other hand, may be withdrawn and does
not necessarily signify the existence of a state as the
government may be that of a mere colony.
Recognition of belligerency does not produce the same effects
as the recognition of states and governments because the
rebels are accorded international personality only in connection
with the hostilities they are waging.
Kinds of Recognition
1.

2.

Express may be verbal or in writing; it may be


extended through a formal proclamation or an
announcement, a stipulation in a treaty, a letter or
telegram, or on the occasion of an official call or
conference
Implied when the recognizing state enters into
official intercourse with the new member by
exchanging diplomatic representatives with it,
concluding with it a bipartite treaty dealing
comprehensively with their relations in general or, as
suggested by some writers, acknowledging its flag or
otherwise entering formal relations with it. In the case
of belligerent community, recognition is implied when
the legitimate government blockades a port held by
the former or when other states observe neutrality in
the conflict.

The act of recognition shall give clear indication of an intention:


1.
2.

3.

To treat the new state as such; or


To accept the new government as having authority to
represent the state it purports to govern and to
maintain diplomatic relations with it; or
To recognize in the case of insurgents that they are
entitled to exercise belligerent rights.

Recognition of States
Recognition of a new state the free act by which one or more
states acknowledge the existence on a definite territory of a
human society politically organized, independent of any
existing state, and capable of observing the obligations of
international law, and by which they manifest therefore their
intention to consider it a member of the international
community

3.

That which is established by the inhabitants who rise


in revolt against and depose the legitimate regime.
That which is established in the course of war by the
invading forces of one belligerent in the territory of the
other belligerent, the government of which is also
displaced.
That which is established by the inhabitants of a state
who secede therefrom without overthrowing its
government.

Tobar or Wilson Principle recognition shall not be extended to


any government established by revolution, civil war, coup detat
or other forms of internal violence until the freely elected
representatives of the people have organized a constitutional
government
Stimson Principle recognition shall not be extended to any
government established as a result of external aggression
Criteria for extending recognition to a new government:
1.

2.

Objective test simply imports that the government


must be able to maintain order within the state and to
repel external aggression
Subjective test may be employed for the purpose of
justifying the withholding of recognition from a
government that is politically unacceptable

Distinction between recognition de jure and recognition de


facto:
1.
2.
3.

Recognition de jure is relatively permanent;


recognition de facto is provisional.
Recognition de jure vests title in the government to its
properties abroad; recognition de facto does not.
Recognition de jure brings about full diplomatic
relations; recognition de facto is limited to certain
juridical relations.

Effect of Recognition of States and Governments


The consequences
governments:
1.
2.
3.

4.

of

the

recognition

of

states

and

Full diplomatic relations are established except where


the government recognized is de facto.
The recognized state or government acquires the
right to sue in the courts of the recognizing state.
The recognized state or government has a right to the
possession of the properties of its predecessor in the
territory of the recognizing state.
All acts of the recognized state or government are
validated retroactively, preventing the recognizing
state from passing upon their legality in its own
courts.

Mere breach of diplomatic relations does not have the effect of


withdrawing the right to sue. (Banco Nacional de Cuba v.
Sabbatino)
The conduct of one government (recognized) cannot be
successfully questioned in the courts of another.
Recognition of Belligerency

Recognition of Governments

Belligerency exists when the inhabitants of a state rise up in


arms for the purpose of overthrowing the legitimate
government

Recognition of a new government the free act by which one


or several states acknowledge that a person or a group of
persons is capable of binding the state which they claim to

Insurgency distinguished from belligerency:

1.
2.
3.

Insurgency is the initial stage of belligerency, which is


more serious and widespread.
Insurgency is directed by military authorities whereas
belligerency is under a civil government.
Insurgency is usually not recognized whereas there
are settled rules regarding the recognition of
belligerency.

6.

The action of a State in allowing its territory, which it


has placed at the disposal of another State, to be
used by that other State for perpetrating an act of
aggression against a third State;

7.

The sending by or on behalf of a State of armed


bands, groups, irregulars or mercenaries, which carry
out acts of armed force against another State of such
gravity as to amount to the acts listed above, or its
substantial involvement therein.

Conditions for recognition of belligerent communities:


1.
2.
3.

4.

There must be an organized civil government


directing the rebel forces;
The rebels must occupy a substantial portion of the
territory of the state;
The conflict between the legitimate government and
the rebels must be serious, making the outcome
uncertain;
The rebels must be willing and able to observe the
laws of war.

Chapter 8 The Right of Independence


Two aspects of sovereignty:
1.
2.

Consequences of recognition of belligerency:


1.

2.

3.
4.

5.
6.

The belligerent community is considered a separate


state for purposes of the conflict it is waging against
the legitimate government.
The relation between the legitimate government and
the rebels is governed by the laws of war for the
duration of the hostilities, and their relations with other
states shall be subject to the laws of neutrality.
The troops of either belligerent, when captured, shall
be treated as prisoners of war.
The parent state shall no longer be liable for any
damage that may be caused to third states by the
rebel government.
Both belligerents may exercise the right of visit and
search upon neutral merchant vessels.
The rebel government, equally with the legitimate
government, shall be entitled to full war status as
regards all other states and may establish blockades,
maintain prize courts and take other allowable war
measures.

Where the recognition is extended by third states, the above


consequences are effective only as to them and do not bind
other states not extending recognition.

Chapter 7 The Right of Existence and Self-Defense


Aggression the use of force by a State against the
sovereignty, territorial integrity or political independence of
another State, or in any other manner inconsistent with the
Charter of the United Nations
Acts of aggression, regardless of a declaration of war:
1.

2.
3.
4.

5.

The invasion or attack by the armed forces of a State


of the territory of another State, or any military
occupation, however temporary, resulting from such
invasion or attack or any annexation by the use of
force of the territory of another State or part thereof;
Bombardment by the armed forces of a State against
the territory of another State;
The blockade of the ports or coasts of a State by the
armed forces of another State;
An attack by the armed forces of a State on the land,
sea or air forces, or marine and air fleets of another
State;
The use of armed forces of one State which are
within the territory of another State with the
agreement of the receiving State, in contravention of
the conditions provided for in the agreement or any
extension of their presence in such territory beyond
the termination of the agreement;

Internal refers to the power of the state to direct its


domestic affairs
External the freedom of the State to control its own
foreign affairs; this is also known as Independence

Nature of Independence
Independence is not absolute freedom. It is only freedom from
control by any other state or group of states and not freedom
from the restrictions that are binding on all states forming the
family of nations.
Intervention
Intervention an act by which a state interferes with the
domestic or foreign affairs of another state or states through
the employment of force or threat of force
Instance when intervention is allowed:
1.
2.

Self-defence
When decreed by the Security Council

The Drago Doctrine


The Drago Doctrine embodies that the Contracting powers
agree not to have recourse to armed force for the recovery of
debts claimed from the government of one country by the
government of another country as being due to its nationals.
Porter Resolution intervention was permitted if the debtor
state refused an offer to arbitrate the creditors claim, or having
agreed to arbitrate, prevented agreement on the compromise,
or having agreed thereto, refused to abide by the reward of the
arbitrator

Chapter 9 Right of Equality


What is meant by the principle of equality, strictly speaking, is
that all the rights of a state, regardless of their number, must
be observed and respected by the international community in
the same manner that the rights of other states are observed
and respected.
Par in parem non habet imperium even the strongest state
cannot assume jurisdiction over another state, no matter how
weak, or question the validity of its acts in so far as they are
made to take effect within its own territory

Chapter 10 Territory
Acquisition and Loss of Territory
How territories are acquired:

1.
2.
3.
4.
5.

By discovery and occupation


By prescription
By cession
By subjugation
By accretion

How territories are lost:


1.
2.
3.
4.
5.
6.
7.

By abandonment or dereliction
By cession
By subjugation
By prescription
By erosion
By revolution
By natural causes

Discovery and Occupation


Discovery and occupation an original mode of acquisition by
which territory not belonging to any state, or terra nullius, is
place under the sovereignty of the discovering state
Like the open seas, outer space is res communes and not
susceptible to discovery and occupation.

Thalweg doctrine In the absence of a specific agreement


between two riparian states, the boundary line is laid on the
river on the center, not of the river itself, but of its main
channel.
Bay 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
An indentation shall not, however, be regarded as a bay unless
its area is as large as or larger than that of a semicircle whose
diameter is a line drawn across the mouth of that indentation.
(Exception: Historic bays)
Territorial sea the belt of water adjacent to the coasts of the
state, excluding the internal waters in bays and gulfs, over
which the state claims sovereignty and jurisdiction
Archipelago doctrine Islands should be considered one
integrated whole instead of being fragmented into separate
units each with its own territorial sea; 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.

Requisites of a valid discovery and occupation:


Methods of defining the territorial sea:
1.
2.

Possession
Administration

Mere possession will not suffice, as only an inchoate title of


discovery is acquired by the claimant state pending compliance
with the second requisite, which is the administration of the
territory.
Inchoate title of discovery performs the function of barring
other states from entering the territory until the lapse of a
reasonable period within which the discovering state may
establish a settlement thereon and commence to administer it

a.

b.

Normal baseline method the territorial sea 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 gulfs
Straight baseline method straight line are made to
connect appropriate points on the coast without departing
radically from its general direction
3.

Dereliction when territory is lost because the state exercising


sovereignty over it physically withdraws from it with the
intention of abandoning it altogether

The aerial domain the airspace above the


terrestrial domain and the maritime and fluvial domain
of the state, to an unlimited altitude but not including
outer space

Chapter 11 Jurisdiction

Cession

Jurisdiction the authority exercised by a state over persons


and things within or sometimes outside its territory, subject to
certain exceptions

Cession is a method by which territory is transferred from one


state to another by agreement between them.

Personal Jurisdiction

Components of Territory

Personal jurisdiction is the power exercised by a state over its


nationals.

1.

2.

The terrestrial domain refers to the land mass,


which may be integrate, as in the case of Iran, or
dismembered, as in the case of the United States, or
partly bounded by water like Burma, or consist of one
whole island like Iceland
The maritime and fluvial domain consists of the
bodies of water within the land mass and the waters
adjacent to the coasts of the state up to a specified
limit

National rivers those that are situated completely in the


territory of one state
Multi-national rivers those that flow through the territories of
several states
International river one that is navigable from the open sea
and is open to the use of vessels from all states
Boundary river divides the territories of the riparian states

Doctrine of indelible allegiance a person is not allowed to


renounce his nationality
An alien may be held subject to the laws of a state whose
national interest he has violated, and notwithstanding that the
offense was committed outside its territory.

Territorial Jurisdiction
The general rule is that a state has jurisdiction over all persons
and property within its territory.
Exceptions to the general rule:
1.

Foreign states, heads of states, diplomatic


representatives, and consuls to a certain degree.

2.

3.
4.
5.
6.

Foreign state property, including embassies,


consulates, and public vessels engaged in noncommercial activities.
Acts of state.
Foreign merchant vessels exercising the rights of
innocent passage or arrival under stress.
Foreign armies passing through or stationed in its
territories with its permission
Such other persons or property, including
organizations like the United Nations, over which it
may, by agreement, waive jurisdiction.

Maritime and Fluvial Jurisdiction


Civil, criminal and administrative jurisdiction is exercised by the
flag state over its public vessels wherever they may be,
provided they are not engaged in commerce.

English rule the coastal state shall have jurisdiction over all
offenses committed on board a merchant vessel, except only
where they do not compromise the peace of the port
French rule the flag state shall have jurisdiction over all
offenses committed on board the merchant vessel, except only
where they compromise the peace of the port
Archipelagic sealanes those laid on the internal waters of a
state over which foreign ships will have the right of passage as
if they were open seas