Page |1

Nationality and statelessness

Who are citizens under Paragraph 3?
Nationality Those born before January 17, 1973, of Filipino mothers, who elect Philippine
- Tie that binds an individual to his state, from which he can claim citizenship upon reaching the age of majority.
protection and whose laws he is obliged to obey. Election was extended and made available in the new constitution until 17 January
- Membership in a political community with all it concomitant rights and 1994 only
obligations.
Who are citizens under Paragraph 4?
Acquisition of Citizenship Naturalization
1. Birth Process by which a foreigner acquires, voluntarily or by operation of
Jus Sanguinis law, the citizenship of another state.
Jus Soli Kinds:
2. Naturalization Direct
Derivative
Citizens of the Philippines
Section 1 Article IV. The following are citizens of the Philippines: Direct Naturalization
1) Those who are citizens of the Philippines at the time of the adoption of this 1. By individual proceedings, usually judicial, under general naturalization laws
Constitution; 2. By special act of the legislature, often in favor of distinguished foreigners
2) Those whose fathers or mothers are citizens of the Philippines; who have rendered some notable service to the local state
3) Those born before January 17, 1973, of Filipino mothers, who elect 3. By collective change of nationality (en masse) as a result of cession or
Philippine citizenship upon reaching the age of majority; and subjugation
4) Those who are naturalized in accordance with law. 4. By adoption of orphan minors as nationals of the state where they are born

Who are citizens under Paragraph 1? Derivative naturalization

1. Those who were citizens of the Philippine Islands at the time of the adoption Conferred:
of the Commonwealth Constitution on November 15, 1935; 1. On the wife of the naturalized husband
2. Those born in the Philippine Islands of foreign parents who, prior to the 2. On the minor children of the naturalized parent
adoption of the Commonwealth Constitution, had been elected to public 3. On the alien woman upon marriage to a national (only if woman has all the
office in the Philippine Islands; qualifications and none of the disqualifications for naturalization)
3. Those whose fathers were citizens of the Philippines;
4. Those whose mothers were citizens of the Philippines and, upon attaining Loss of Nationality
majority age, elected Philippine Citizenship; and 1. Voluntary
5. Those who were naturalized in accordance with law. o Renunciation
o Request for Release
Who are citizens under Paragraph 2? 2. Involuntary
Commonwealth constitution only recognized those born of Filipino Fathers. o Forfeiture
Now we recognize those born of Filipino parents. o Substitution
Prospective in application (Those born before 17 January 1973 to Filipino mothers
need to elect Philippine Citizenship) Statelessness

PUBLIC INTERNATIONAL LAW FINALS | UC College of Law

 Page |2

Condition or status of an individual who is born without any nationality or who loses
his nationality without retaining or acquiring another. Nationality of claims
e.g. A claim in respect of damage against another state will fail unless it can be
1. Child born in a state where only jus sanguinis is recognized to parents whose state proved that the injured individual is a national of the claimant state
only observe jus soli rule
2. Person who renounced original nationality in order to be naturalized in another
state which subsequently denaturalized him and the former state denied
repatriation.
Neutrality
Natural born citizens
Section 2 Article IV. Definition
Natural-born citizens are those who are citizens of the Philippines from birth The status of a third state in not taking side in any way whatsoever when other states
without having to perform any act to acquire or perfect their Philippine citizenship. are at war.
Those who elect Philippine citizenship in accordance with paragraph (3), Section 1 - Absolute neutrality virtually impossible in the modern world
hereof shall be deemed natural born citizens.
Neutrality Neutralization
Treatment of Aliens: State Responsibility Dependent solely on the attitude of the Result of a treaty wherein the duration
neutral state, which is free to join any and the other conditions of the
Minimum international standard of the belligerents at any time it sees fit neutralization are agreed upon by the
States are not obliged to admit aliens to their territory, but, if they permit neutralized state and other powers
aliens to come, they must treat them in a civilized manner. Governed by the general law of nations Governed by the neutralization
If an alien gets injured in the local state, his home state may exercise the agreement
right of diplomatic protection. Obtains only during war Intended to operate in time of peace as
A person may not demand more than what a country can provide well as in time of war
Only states may become neutral Portions of states, like islands, rivers,
Doctrine of Imputability and canals may be neutralized
A state is liable only for its own acts and omissions; and, in this context, the
state is identified with its governmental apparatus, not with the population Laws of neutrality
as a whole. Define:
1. The relations of the belligerent states with the neutral state
State is not liable for acts of individuals, except: 2. The relations of the belligerent states with the nationals of the neutral state
1. Encouraging individuals to attack foreigners - International Customary law
2. Failing to take reasonable care to prevent the individuals - Declaration of Paris of 1856
3. Obvious failure to punish the individuals - Hague Conventions of 1907
4. Failure to provide the injured foreigner with an opportunity of obtaining - Unratified declaration of London of 1909
compensation from the wrongdoers in the local courts
5. Obtaining some benefit from the individuals actfor example, keeping Relations of Belligerent States and Neutral States
looted property
6. Express ratification of the individuals actthat is, expressly approving it Neural State Belligerent State
and stating that that person was acting in the name of the state

PUBLIC INTERNATIONAL LAW FINALS | UC College of Law

 Page |3

Right and duty to abstain from
taking part in the hostilities
and from giving assistance to
either belligerent
Prevent its territory and other
resources from being used in
the conduct of the hostilities
Acquiesce in certain
restrictions and limitations
that the belligerents may find
necessary to impose,
especially in connection with
international commerce.
Bound to respect the status of
the neutral state, avoiding any
act that will directly or
indirectly involve in in their
conflict.
Submit to any lawful measures
it may take to maintain or
protect its neutrality
Passage of military aircraft belonging to the belligerents is not allowed
across the airspace of a neutral state.
Where a belligerent aircraft is forced to land on neutral territory, the same
should be detained and its officers and crew interned
Use of neutral facilities and services
Neutral state cannot give any form of direct assistance to any of the
belligerents in the conduct of the hostilities
e.g. Sending of military contingents, extension of loans, sale of supplies of
war
Neutral state is not obliged to prevent the export from or transit through its
territory of war supplies purchased from private traders by the belligerents
in the ordinary course of commerce.

Use of Neutral Territories
War activities by or on behalf of any of the belligerents may not be
undertaken in the territory of the neutral state without infringement of its
neutrality
Neutral territory is inviolable and cannot be used by the belligerents for the
movement of their troops, the transport of war supplies, the erection of
wireless stations for exclusively military purposes, recruiting of soldiers, and
the undertaking of military operations in general
Passage of sick and wounded troops is allowed through a neutral state,
provided personnel and materials of war are not also carried
Persons bound for enlistment in the belligerent armies may cross the neutral
frontiers if they do so individually or separately and not as a body.
Neutral state itself may give refuge to troops from the belligerent forces but
must intern them as far as possible, at a distance from the theater of war.
Escaped POW need not be detained by the neutral state but must be
assigned a place of residence if they are allowed to remain.
Neutrality of a state is not affected by the mere passage through its
territorial waters of warships or prizes belonging to belligerents; however,
they may not enter neutral ports, harbors, and roadsteads except only in
cases of unseaworthiness, lack of fuel or provisions, or stress of weather.
Where vessels from both belligerents are in neutral waters at the same time,
a period of 24 hours must elapse between the departure of the first vessel
and the departure of the second, the order being their time of arrival. Not
more than 3 vessels from any belligerent shall be allowed.
Territorial waters of a neutral state must never be used as asylum for
belligerent vessels under pursuit or attack by the enemy
Relations of Belligerent states with nationals of neutral states
Neutral states are free to allow their nationals to deal, in their private
capacity, with any of the belligerents
Individuals dealing with belligerents will not affect the neutrality of their
state
Visit and Search
Belligerent warships and aircraft have the right to visit and search neutral
merchant vessels on the high seas for the purpose of determining whether
they are in any way connected with the hostilities
Contraband
Term applied to goods which, although neutral property, may be seized by
a belligerent because they are useful for war and are bound for a hostile
destination
May be absolute or conditional or free list
Contrabands are subject to condemnation
Doctrine of ultimate consumption goods intended for civilian use which may
ultimately find their way to and be consumed by the belligerent forces are also liable
to seizure on the way.
Doctrine of infection if contraband is shipped together with innocent goods
belonging to the same owner, they may also be seized
Doctrine of ultimate destination liability of contraband to capture is determined not
by their ostensible but their real destination

PUBLIC INTERNATIONAL LAW FINALS | UC College of Law


Doctrine of continuous voyage when goods are reloaded at the intermediate port
on the same vessel
Doctrine of continuous transport when goods are reloaded on another vessel or
other form of transportation
Blockade
Hostile operation by means of which the vessels and aircraft of one
belligerent prevent all other vessels, including those of neutral states, from
entering or leaving the ports or coasts of the other belligerent, the purpose
being to shut off the place from international commerce and
communication with other states.
Pacific Blockade Applies only to the vessels of the blockaded state and not
the vessels of other states
Requisites for a valid blockade
1. Binding (communicated to the neutral states)
2. Effective (maintained by adequate force so as to make ingress to or egress
from the port dangerous)
3. Established by the proper authorities of the belligerent government (usually
the head of state)
4. Limited only to the territory of the enemy (not extended to neutral places
or international rivers)
5. Impartially applied to all states alike
Unneutral service
Consists of acts, of a more hostile character than carriage of contraband or
breach of blockade which are undertaken by merchant vessels of a neutral
state in aid of any of the belligerents.
Right of Angary
A belligerent may, upon payment of just compensation, seize, use or
destroy, in case of urgent necessity for purposes of offenses or defense,
neutral property found in its territory, in enemy territory, or on the high
seas.
Requisites:
1. Property is in the territory under the control and jurisdiction of the
belligerent.
2. There is urgent necessity for the taking
3. Just compensation is paid to the owner
Page |4
Termination of Neutrality
- Neutral state joins the war
- Upon conclusion of peace
War
Meaning or concept of war
As an Action
Armed contention between the public forces of states or other belligerent
communities, implying the employment of violence among the parties as a
means of enforcing their respective demands upon each other.
As a Status
War may exist even without the use of force as when one state formally
refuses to be governed by the laws of peace in its relations with another
state even if actual hostilities have not taken place between them.
Bellum Justum
War may be a just war if it is a reaction to an international delict.
Outlawed already by the UN Charter which expressly prescribes the
abstinence from the use of force in the solution of international disputes.
Laws of War
Declaration of Paris of 1856 - Warfare at Sea
Hague conventions of 1899 - Use of dumdum or expanding bullets and asphyxiating
gases
Hague conventions of 1907 - Opening of hostilities, laws and customs of warfare on
land, conversion of merchant ships into warships etc.
Geneva Convention of 1925 - Use of asphyxiating, poisonous, and other gases and of
bacteriological methods of warfare
Geneva Convention of 1929 - Treatment of the sick and wounded and of prisoners of
war
Declaration of London of 1936 - Use of submarines against merchant vessels
Geneva Convention of 1949 - Amelioration of the sick and wounded on land on sea
and treatment of POW and protection of civilians
How are violations of the laws of war sanctioned?
1. Protest lodged by one belligerent, usually accompanied or followed by an
appeal to world opinion against the unlawful acts of warfare committed by
the other belligerent
2. Reparation for damages caused by the defeated belligerent
PUBLIC INTERNATIONAL LAW FINALS | UC College of Law
 Page |5

3. Punishment of war criminals 1. Right to be accorded the proper respect commensurate with their rank
2. Right to adequate food and clothing
Commencement of War 3. Right to safe and sanitary quarters
Hague Conventions of 1907: Hostilities must not commence without a previous and 4. Right to medical assistance
explicit warning, in the form either 5. Right to refuse to give military information or render military service against
a. Reasoned declaration of war their own state
b. An ultimatum with conditional declaration 6. Right to communicate with their families
War is supposed to commence on the date specified to the enemy
War is deemed to have commenced upon the commission of an act of force Basic principles of the rules of warfare
by at least on of the belligerents as an act of war Military Necessity
Principle of Humanity
Effects of the outbreak of war Principle of chivalry
1. Laws of peace cease to regulate the relations of the belligerents and are
superseded by the laws of war Military Necessity
2. Diplomatic and consular relations between the belligerents are terminated Belligerents may, subject to the other two principles, employ any amount and kind
and their respective representatives are allowed to return to their own of force to compel the complete submission of the enemy with the least possible loss
countries. of lives, time and money
3. Treaties of political nature, such as treaties of alliance, are automatically
canceled, but those which are precisely intended to operate during war are Principle of Humanity
activated. Treaties of technical or administrative matters are suspended. Prohibits the use of any measure that is not absolutely necessary for the purposes of
4. Individuals are impressed with enemy character: As nationals, as the war, such as poisoning of wells and weapons, the employment of dumdum or
domiciliary, and as participants in the activities expanding bullets and asphyxiating gases, the destruction of works of art and
5. Enemy public property found in the territory of the other belligerent at the property devoted to religious or humanitarian purposes, the bombing of undefended
outbreak of the hostilities is, with certain exceptions, subject to places, and attack of hospital ships
confiscation.
Principle of Chivalry
Combatants Basis of such rules as those that require the belligerents to give proper warning
Members of the armed forces, except those not engaged in combat like before launching a bombardment or prohibit the use of perfidy in the conduct of
chaplains and medical personnel hostilities.
Irregular forces, provided that:
a) They have a commander responsible for them; Kinds of warfare
b) They wear a fixed distinctive sign recognizable at a distance; 1. Land
c) Carry arms openly; 2. Sea
d) Conduct their operations in accordance with the laws and customs of war 3. Air
Inhabitants of unoccupied territory who, on approach of the enemy, - Separately or Simultaneously
spontaneously take arms to resist the invading troops without having time
to organize themselves Theatre of War Region of War
Officers and crew of merchant vessels who forcibly resist attack. Place where the hostilities are actually Greater area where the belligerents
conducted may lawfully engage each other
Treatment of POW

PUBLIC INTERNATIONAL LAW FINALS | UC College of Law

 Page |6

Belligerent Occupation Cease-fire unconditional stoppage of hostilities by order of an

Territory is deemed occupied when it is actually placed under the authority international body for the purpose of employing peaceful means of settling
of the hostile army, but this occupation is limited only to the area where the differences between the belligerents
such authority has been established and can be effectively exercised Truce Cease-fire with conditions attached
Belligerent occupation does not result in transfer or suspension of the Capitulation surrender of military forces, places, or disticts in accordance
sovereignty of the legitimate government although it may at the moment with the rules of military honor
be unable to exercise it
Termination of war
Posliminium Simple cessation of hostilities
That in which persons or things taken by the enemy are restored to the Treaty of peace
former state on coming actually into the power of the nation in which they Defeat of one of the belligerents
belong.
Jus postliminuim: reinstatement of the authority of the displaced
government once control of the enemy is lost over the territory affected.

Non-hostile intercourse
1. Flag of truce white flag carried by an individual authorized by one
belligerent to enter into communications with the other
2. Cartels agreements to regulate intercourse during war on such matters as
postal and telegraphic communications, the reception of flags of truce, and
the exchange of prisoners
3. Passport written permission given by the belligerent government or its
authorized agent to the subjects of the enemy state to travel generally in
belligerent territory
4. Safe-conduct pass given to an enemy subject or to an enemy vessel
allowing passage between defined points
5. Safeguard protection granted by a commanding officers either to enemy
persons or property within his command
6. License to trade permission given by the competent authority to
individuals to carry on trade even though there is a state of war.

Suspension of Hostilities
Suspension of arms temporary cessation of the hostilites by agreement of
the local commanders for the purpose of gathering the wounded and the
burial of the dead
Armistice suspension of all hostilities within a certain area in the entire
region of the war for the purpose of arranging the terms of peace

PUBLIC INTERNATIONAL LAW FINALS | UC College of Law