Maniego | Public International Law, Fr.

Joaquin Bernas | 2A 2012

PUBLIC INTERNATIONAL LAW

ADDITIONAL NOTES

ADDITIONAL NOTES
- Legal effects of reservations
 With regard to another party: Modifies for the reserving State (in its relations with that other
party) the provisions of the treaty to which the reservation relates to the extent of the
reservation; and modifies those provisions to the same extent for that other party in its
relations with the reserving State.
 The reservation does not modify the provisions of the treaty for other parties to the treaty
inter se
 With regard to an objecting State: If an objecting State does not oppose the entry into force
of the treaty between itself and the reserving State, the provisions to which the reservation
relates do not apply as between the two States to the extent of the reservation.

- Incomplete Subjects of International Law

 Protectorates: Largely of historical importance. Dependent states which have control over
their internal affairs but whose external affairs are controlled by another state. (a.k.a.
autonomous states, vassal states, dependent states)
 Federal states: A union of previously autonomous entities. Arrangements vary, like placing
full authority in a central organ, or having full authority in the individual entities. May cause
problems as to which organ has international personality
 Mandated and trust territories: Territories placed by the League of Nations under one or
another of the allies victorious in WWI. Placed under the Trusteeship Council, like the
Carolines, Marianas and Marshall Islands.
 Taiwan: A non-state territory which de jure is part of China, but is too prosperous not to have
its own international personality.
 Sovereign Order of Malta: A sovereign entity subject of international law. It is a Roman
Catholic order based in Rome, Italy, which was granted sovereign status by the Italian Court
of Cassation and currently enjoys diplomatic relations with over forty states.
 Holy See and the Vatican City: Was made a state by Italy’s recognition of it as such by the
Lateran Treaty in 1929. It has no permanent population.

- It can be said that neither there is no absolute immunity from criminal jurisdiction enjoyed by those
who have consular immunities. They are liable for the commission of grave crimes. Article 42 states
that the receiving State must notify the head of the consular post in case any member of the consular
staff is subject to arrest, detention or the institution of criminal proceedings. They are also not subject
to arrest or detention pending trial.
- On the other hand, diplomats enjoy absolute criminal immunity within the receiving State’s
jurisdiction. The remedy of the State is to declare him persona non grata.

- US v. Iran (ICJ): WON Iran violated the two Vienna Conventions when some of its students seized
the US Embassy in Tehran and held hostages for 444 days. Ruling: The Court recognized that Iran
failed to comply with its duties to protect the US Consulates and failed to use the means at their
disposal to comply with said obligations. They did not employ the remedies placed at their disposal
by diplomatic law. It instead indorsed the action of the militants and maintained their occupation of
the US Embassy. Iran resorted to coercive action against the US Embassy and its staff which was
tantamount to repeated and multiple breach of the provisions of the Vienna Conventions.

- ACT OF STATE DOCTRINE: “Every sovereign state is bound to respect the independence of every
other sovereign state. The courts of one country will not sit in judgment on the acts of the
government of another, done within its own territory. Redress of grievances by reason of such acts

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 Maniego | Public International Law, Fr. Joaquin Bernas | 2A 2012

must be obtained through the means open to be availed of by sovereign powers as between
themselves.”
STRAIGHT BASELINE METHOD, as employed by the Philippines

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 Maniego | Public International Law, Fr. Joaquin Bernas | 2A 2012

Take note: Everything outside the TERRITORIAL SEA is considered HIGH SEAS already, regardless of zones.

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