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CHAPTER 1 THE NATURE OF INTERNATIONAL LAW

CHAPTER 5 SUBJECTS OF INTERNATIONAL LAW


What is International Law?
Scope of International Law Subjects of International Law
Is International Law a Law? Objects of International Law
Some Theories about International Law 1. States
Command Theory Commencement of their Existence
Consensual Theory 1. Permanent population
Natural Law Theory 2. Defined territory
Some dissenters 3. Government
Pragmatic Theory 4. Capacity to enter into relations with other
Public International Law v. Private International Law States
Principle of Self-determination
Recognition of States
CHAPTER 2 SOURCES OR INTERNATIONAL LAW Can an entity claim to be a state before it is recognized by other
What Sources are states?
Recognition of Government
Classifications of Sources Consequence of Recognition or Non-Recognition
Art. 38(1) of the Statute of the International Court of Justice Succession of States
Restatement of Foreign Relations Law of the US Issues on Succession of States
1. Custom or Customary Law Moving Treaty Rule / Moving Boundaries Rule
2. Treaties Clean Slate Theory
Treaties and Custom Uti possidetis Rule
3. General Principles of Law Recognized by Civilized Nations Fundamental Rights of States
4. Judicial Decisions 1. Independence
5. Teachings of Highly Qualified Writers and Publicists 2. Equality
6. Equity 3. Peaceful Co-Existence
Kinds of Equity:
Some Incomplete Subjects
1. Protectorates
1. Intra legem
2. Federal state
2. Praeter legem
3. Mandated and Trust Territories
3. Contra legem
4. The Sovereign Order of Malta
5. The Holy See and Vatican City
7. Other Supplementary Evidence
1. UN Resolutionsgenerally considered merely
recommendatory but if they are supported by all the
CHAPTER 6 OTHER SUBJECTS OF INTERNATIONAL LAW
states, they are an expression of
opinio juris communis
1. INTERNATIONAL ORGANIZATIONS
2. Soft LawNon-treaty Agreements; international
Advisory Opinion on the Use of Nuclear Weapons
agreements not concluded as treaties and therefore not covered
by the Vienna Convention on the Law of Treaties International organizations
Powers conferred on international organizations
Administrative Rulesguide the practice of states in relation to Immunities
international organizations The United Nations: Structure and Powers
International Constitutional Supremacy Clause
CHAPTER 3 THE LAW OF TREATIES Principal organs of UN:

1969 Vienna Convention on the Law of Treaties 1. General Assembly


2. Security Council
Definition of Treaties 3. Economic and Social Council (ECOSOC)
4. Trusteeship Council
Characteristics to make it binding: 5. International Court of Justice (ICJ)
6. Secretariat

1. Commitment was very specific Other Agencies:
2. There was a clear intent to be bound Functions of Treaties 1. United Nations Educational, Scientific and Cultural Organizations
2.International Civil Aviation Organization (ICAO)
3. World Health Organization (WHO)
Different Kinds of Treaties 4. Food and Agricultural Organization (FAO)
The Making of Treaties 5. World Bank
Amendment and Modification of Treaties 6. International Monetary Fund (IMF)
Termination of Treaties

Procedure for the Termination of Treaties Regional Organizations

Authority to Terminate ASEAN
Succession to Treaties 2. INSURGENTS

Clean Slate Rule Insurgent groups
Municipal Law in International Law 3. NATIONAL LIBERATION MOVEMENTS
International Law in Domestic Law 4. INDIVIDUALS
Doctrine of Transformation
Maritime vessels
CHAPTER 7 TERRITORY: LAND, AIR, OUTER SPACE Stateless Persons
a. De jure stateless

Territory in International Law b. De factor stateless

Modes of Acquisition of Sovereignty over Territory

Discovery and Occupation PROTECTIVE PRINCIPLE

WESTERN SAHARA CASE UNIVERSALITY PRINCIPLE

THE ISLAND OF PALMAS PASSIVE PERSONALITY PRINCIPLE
EASTERN GREENLAND CASE CONFLICTS OF JURISDICTION
Prescription EXTRADITION
Cession Principles governing Extradition
Conquest and Subjugation Bail in Extradition Cases
Accretion and Avulsion
Is Contiguity a Mode of Acquisition?
Intertemporal Law CHAPTER 10 IMMUNITY FROM JURISDICTION
AIRSPACE
OUTERSPACE GR: Jurisdiction of a state within its territory is complete and
absolute.

Exceptions:
CHAPTER 8 TERRITORY: LAW OF THE SEA
1.) Sovereign immunity
Importance of the Sea 2.) Diplomatic/consular immunity
Grotius
Convention on the Law of the Sea of 1982 Immunity of Head of State
Territorial Sea Mighell v. Sultan of Johore
Baselines Pinochet Case: Regina v. Bartle and the Commissioner of
Two ways of drawing the Baseline: Police (House of Lords, 1999)
State Immunity
1. Normal baseline The Schooner Exchange v. MacFaddon
2. Straight baseline Dralle v. Republic of Czechoslovakia
USA v. Hon. V.M. Ruiz (Philippines)
Sovereignty over Territorial Sea US v. Hon. Luis Reyes (Philippines)
Right of Innocent Passage Holy See v. Eriberto Rosario, Jr. (Philippines)
Archipelagic Waters How to claim State immunity?
Bays Republic of Indonesia v. Vinzon (2003)
Contiguous Zone Diplomatic and Consular Immunities
Exclusive Economic Zone or Patrimonial Sea Diplomatic Immunities (Vienna Convention on Diplomatic
The Continental (Archipelagic) Shelf Relations 1961)
The Deep Seabed: Common Heritage of Mankind Article I. Who can enjoy diplomatic immunities?
Islands Article III. Functions of the diplomatic mission:
The High Seas Rights and Privileges of the diplomatic mission:
Six Freedoms which High Seas are subject to: Obligations of diplomatic mission:
Hot Pursuit Consuls and Consular Immunities (Vienna Convention on
Settlement of Disputes Consular Relations 1967)
Article V. Consular Functions:
CHAPTER 9 JURISDICTION OF THE STATES Rights and Privileges of the consular mission:
US v. Tehran:
Jurisdiction Immunity of International Organization
1. Legislative jurisdiction The basis of their privileges and immunities is not sovereignty
2. Executive jurisdiction but necessity for the effective exercise of their functions.
3. Judicial jurisdiction The Act of State Doctrine
Underhill v. Hernandez
Civil jurisdiction
TERRITORIALITY PRINCIPLE
Effects Doctrine
1. Subjective Territorial Principle
2. Objective Territorial Principle

Jurisdiction over Foreign Vessels in Philippine Territory


1. French Rule
2. English Rule

NATIONALITY PRINCIPLE
Effective Nationality Link
Corporations