PUBLIC INTERNATIONAL LAW REVIEWER - much of customary law and what are regarded as generally accepted

By: Angelo Gabriel Ibañez Gargaritano principles of international law are in fact an expression of what is
traditionally called as natural law
I. GENERAL PRINCIPLES
PUBLIC INTERNATIONAL LAW AND PRIVATE INTERNATIONAL
INTERNATIONAL LAW LAW (CONFLICT OF LAWS)
Definition 1. Public International Law governs the relationship between and among states
- a body of rules and principles of action which are binding upon civilized and also their relations with international organization and private
states in their relations to one another. individuals.
- laws which deal with the conduct of states and of international 2. Private International Law, also known as Conflicrt of Laws, is domestic law
organizations and with relations inter se, as well as with some of their relations which deals with cases where foreign laws intrude in the domestic sphere,
with persons, whether natural or juridical. tackling questions of the applicability of foreign law or the role of foreign
courts.
THEORIES ON INTERNATIONAL LAW
1. Command Theory SOURCES OF NATURAL LAW
- law consists of commands originating from a sovereign and backed up by *Sources are classified into two: formal sources and material sources
threats of sanction if disobeyed
- in this view, international law is deemed not a law 1. Formal Sources
- this theory, however, has been generally discredited as the nations see see - refer to various processes by which rules come into existence
international law as a command, rather as principles for free and orderly e.g. legislation, treaty-making and judicial decision-making
interaction
2. Material Sources
2. Consensual Theory - deals with the substance and content of the obligation
- law derives its binding force from the consent of states e.g. state practice, UN Resolutions, treaties, judicial decisions, and writing
- treaties are an expression of consent of jurists
- customs, as voluntary adherence to common practice is another expression
of consent *Primary Sources
1. Treaties
3. Natural Law Theory 2. Customary International Law derived from the practice of states
- law is derived by reason from the nature of man 3. General Principles of Law recognized by civilized nations
- international law is said to be an application of natural reason to the nature
of the state-person *Secondary Sources
4. Judicial Decisions
 5.Writings of most highly qualified publicists
A. Customary International Law
1. Definition
- General and consistent practice of States
2. Requisites
a. Generality
b. Consistency
c. Uniformity
3. Material Factor and Subjective Factor
a. Material: generality, consistency, uniformity
b. Subjective: a sense of legal obligation (opinion juris)
4. Effect on Dissenting States
- General Rule
~Dissenting States are bound by the custom
- Exception
~ Unless they had consistently objected to it while it was merely in the
process of formation
~ Dissent only affects the dissenter and does not apply to other States
~ New States joining the International Law System for the first time after
practice has become custom is bound by such
5. Jus Cogens
- a peremptory norm accepted and recognized by the international
community of States, as a whole, as a norm from which no derogation is
permitted, and which can be modified only by a subsequent norm of general
international law having the same character
- rooted from Natural Law and any laws conflicting with it are null and void
- “A treaty is void, if at the time of its conclusion, it conflicts with a
peremptory norm of general international law accepted by States as a whole
from which no derogation is permitted and which can be modified only by a
subsequent norm having the same status
e.g. prohibition on torture, genocide, slavery
6. Obligation Erga Omnes
- concerned with the enforceability of norms of international law. the violation
of which is deemed to be an offense not only against the State directly affected
or injured by the breach but also against all members of the International
Community
- an obligation by the State towards the International Community to comply
with its obligations under International Customary Law
B. Treaties
1. Definition
- Agreements which determine the rights and duties of states just as
individual rights are determined by contracts
- Its binding force comes from the voluntary decision of sovereign states to
obligate themselves to a mode of behavior (consent)
2. Treaty v. Custom
- General Rules:
~ In the instance that a subsequent treaty conflicts with a preceding
custom, the treaty shall prevail as the latter manifests the express choice
of the parties and the principle of pacta sundt servandta should be
followed.
- Exception:
~ If a later treaty is contrary to a customary law that has the status of jus
cogens, custom will prevail
C. General Principles of Law recognized by civilized nations
1. Definition
- in reference to principles of municipal law common to the legal systems of the
world
- they are supplementary rules of international law and includes, judicial A. Definiton
decisions and teachings of the most highly qualified publicists. - an international agreement concluded between states
- in written form
D. Judicial Decisions - and governed by international law
1. Article 38 of the Statute - whether embodied in a single instrument or in two or more related
- Directs the Court to apply judicial decisions as subsidiary means for the instruments
determination of the rules of law - whatever its particular designation

2. Article 59 of the Statute B. Oral Agreements (Oral Treaties)

- Judicial Decisions have no binding force except between the parties in - Binding upon its contracting states, however, only written agreements that
respect of that particular case are new, come under the application of the provisions of the Vienna
- Stare Decisis and Res Judicata not applicable Convention

E. Writings of Publicists C. Functions of Treaties

1. Publicists 1. Sources of international law
- Institutions which write on international law 2. Serves as charters for international organizations
- Generally government sponsored, and so bear with themselves a potential 3. Used to transfer territory
for national bias 4. Regulates commercial relations
5. Settles disputes
F. EQUITY 6. Protects human rights
1. Ex aequo et bono 7. Guarantees investments
- what is just and fair according to equity and good conscience
- a principle which may be used by the international courts in deciding cases D. Kinds of Treaties
1. Multilateral Treaties
II. THE LAW OF TREATIES - Open to all states of the world
- They create norms which serve as basis for a general rule of law
*Treaties can assume various names, i.e. conventions, pacts, covenants, - Either codification treaties or law-making treaties
charters, protocols, concordat, modus viviendi, note verbale,, etc.
2. Bilateral Treaties
* The law on treaties is found on the 1969 Vienna Convention on the Law of - In the nature of contractual agreements which create shared expectations
Treaties such as trade agreements of various forms
- Sometimes called contractual treaties
TREATIES
E. Binding Force
- General Rule:
~ Binding only to the parties
- Exception:
~ The number of contracting parties and the generality of the acceptance
of specific rules can have the effect of creating a universal law
F. Treaty-Making Process
1. Negotiation
- Agents/Negotiators are conferred full powers to negotiate in foreign
ministries or in diplomatic conferences
- Said agents/negotiators are considered as aleternat of the state
~ Full Powers (Pleine Pouvoirs)
- A person is considered as representing a state in negotiations if:
a) he produces appropriate full powers
b) it appears from practice of the state or from other circumstances that
their intention is to treat him as such
~ In virtue of their functions and without having to produce full powers, the
following are considered as representing the state:
- Heads of State, Heads of Government and Ministers of Foreign Affairs,
for purposes of performing all acts relating to the conclusion of a treaty
- Heads of diplomatic missions, for purposes of adopting the text of a treaty
between the accrediting state and the state to which they are accredited
- Representatives accredited by States to an international conference to an
international organization or on of its organs, for purposes of adopting the
text of treaty in that conference, organization or organ
2. Open Signature/Authentication of Text
- Negotiations conclude with the signing of the document
- Their signature signifies good faith and authenticity of the negotiation and
the formulated stipulations of the document
3. Ratification
- Formal act by the state acknowledging its consent to the treaty
- In the Philippines, the treaty is ratified by the President and concurred by
at least 2/3 of the members of the Senate (Article VII, Section 21 of the 1987
Constitution)
4. Exchange of Instrument of Ratification
- This act signifies the effectivity of the treaty
5. Depositing the Instrument before the United Nations
- This act in effect binds third parties to the treaty
6. Entry into force of a Treaty
- enter into force on the date agreed upon by the parties or, in the absence of
which, once consent has been given
G. Accession to a treaty
- States which did not participate in the initial negotiation may also express
their consent to be bound by means of accession.
- Passive and Active
H. Reservations
- Reservations are meant only for multilateral treaties, as a reservation in
bilateral treaties mean a rejection of the treaty and necessitates re-
negotiation.
1. Rules
- General Rule:
~ States have the power to make reservations, in deference to the
sovereignty of States
- Exceptions:
a) Reservation is prohibited by the treaty
b) The treaty provides only for specific reservations
c) The reservation is incompatible with the object and purpose of the
treaty

2. Acceptance and Objection to Reservations
1) A reservation expressly authorized by a treaty does not require
subsequent acceptance by the other contracting States unless the treaty so
provides.
2) When it appears from the limited number of the negotiating States and
the object and purpose of a treaty that the application of the treaty in its
entirety between all the parties is an essential condition of the consent of
each one to be bound by the treaty, a reservation requires acceptance by all
the parties.
3) When a treaty is a constituent instrument of an international organization
and unless it otherwise provides, a reservation requires the acceptance of
the organ of that organization.
I. Application of treaties
1. Pacta Sundt Servanta
- principle laid down under Article 26 of the Vienna Convention, every treaty
(obligations) in force is binding upon the parties to it and must be performed
by them in good faith.
2. Against Internal Law
- embodied under Article 46, a party may not invoke the provision of its
internal law as justification for its failure to perform a treaty.
J. Invalidity of Treaties
- The usual grounds for the invalidation of treaties are fraud, error of fact,
corruption or duress, violation of jus cogens
1. Fraud
- may be invoked if a State is induced to conclude a treaty by the fraudulent
acts of another negotiating State
2. Error
- may be invoked only under the following circumstances:
a. that the error relates to a fact or situation which was assumed by that State
to exist at the time of the treaty’s conclusion
b. that it formed an essential basis for the State to give its consent to the treaty
3. Corruption
- If the expression of a State’s consent had been procured through the
corruption of its representative directly or indirectly by another negotiating
State
4. Coercion/Duress
- Two Kinds:
a. Coercion against a representative of a State
- when acts or threats were directed against a representative of a State
by another negotiating State
b. Coercion against a State
- when consent has been procured by the use of threat or force in
violation of the principles of the international law
- There are instances where a State may lose its right to assert the invalidity of
a treat, i.e. if after being aware of the facts:
1. The State expressly agreed that a treaty is valid or remained in force or
continues in operation
2. The State, by reason of its conduct, is considered to have acquiesced in the
validity of the treaty
K. Amendment and Modification of Treaties
1. Amendment
- refers to a formal revision done with the participation, at least in its initial
stage, by all the parties to the treaty
A. Procedures
1) A proposal to amend must be notified to all contracting States and each shall
have the right to take part in:
a. the decision to the action to be taken in regard to such proposal
b. the negotiation and conclusion of any agreement for the amendment
of the treaty
2) Every State entitled to become a member of the Treaty is also entitled to be
a member of its amendment
3) The amending agreement does not bind any State already a party to the
treaty which does not become a party to the amending agreement
4) A State which only becomes a party after the amendment shall be considered
a. a party only to the amended treaty
b. considered as a party to the unamended treaty in respect only to any
party to the treaty not bound by the amending agreement
2. Modification
- involves only some of the parties
b. Material Breach in a Multilateral Treaty
i. Other parties by unanimous agreement
- may invoke the breach to suspend the operation of the treaty, in part
or whole, or to terminate it either:
a) in the relations between themselves and the defaulting State
b) as between all the parties
ii. a Party specifically affected
- invoke it as aground for the suspension or termination of the treaty as
between itself and defaulting State
iii. any party other than the defaulting State
- invoke the breach as a ground for suspension or termination with
respect to itself
- PROVIDED the breach is of such character radically changes the
position of every party with respect to the further performance of
its obligation to the treaty

A. Procedures
1) 2. Supervening Impossibility of performance

L. Termination of Treaties
- Causes for termination of treaties 3. Rebus Sic Stantibus
a. according to the stipulation of treaty A. Definition
b. consent by the parties - Constitutes an attempt to formulate a legal principle which would justify non-
c. definite period as stipulated performance of a treaty obligation if the conditions with relation to which the
d. purpose already achieved parties contracted have changed so materially unexpected as to create a
situation in which the exaction of performance would be unreasonable.
1. Material Breach
a. Material Breach in a Bilateral Treaty B. Elements
- entitled the other to invoke the breach as ground for the termination of the a. that the change be so fundamental and substantial
treaty b. that the change must be unforeseen at the time of perfection of the treaty
c. that the change must not have been caused by the party invoking the doctrine
d. that the doc trine must be invoked within a reasonable time - This, however, applies only to International Customary Law or Jus Cogens
e. that the duration must be definite
f. that it cannot operate retroactively B. Doctrine of Transformation
- For international law to form part of domestic law, it must expressly and
C. When Not Applicable specifically be transformed into domestic law through the constitutional
a. If the treaty establishes a boundary machinery such as an act of Congress of Parliament
b. If the fundamental change is the result of a breach by the party invoking it
either of an obligation under the treaty or any other international obligation 2. Difference between International Law and Municipal Law
owed to any other party to the treaty 1. Municipal Law is imposed by one political authority, whereby
International Law is not imposed, rather adopted by States
III. INTERNATIONAL LAW AND MUNICIPAL LAW 2. Municipal Law is derived from the enactment of the Legislature
through legislation, International Law on the other hand, is derived from
1. Monism and Dualism treaties, international custom (other sources of international law)
A. Monism 3. Municipal Law regulate the relations of the citizens with the State and
- international law and domestic law belong only to one system of law its citizens outside the territory, while International Law applies to the relations
- 2 Theories between and among States, including International Organizations and other
A. Municipal Law is superior to International Law private individuals
B. Kelsen – International Law is superior to Municipal Law 4. Violation of Municipal Law is resolved through local administrative
B. Dualism or judicial remedies, while violations of International Law are resolved by State
- international law and municipal law are essentially different from each to State transactions
other 5. Res Judicata and Stare Decisis is applicable in the application and
- Municipal Law is a product of local custom or of legislation interpretation of Municipal Law, while in International Law, Res Judicata is
- Sources of International Law are treaties and custom grown among states binding only between the parties to a specific case, while Stare Decisis
completely does not find application
2. International Law in Domestic Law
A. Doctrine of Incorporation 3. Conflict between Municipal Law and International Law
- Section 2, Article II A. In the Domestic Sphere
~ The Philippines adopts the generally accepted principles of 1. Domestic Courts are bound to apply local law
international law as part of the law of the land and adheres to the policy ~ However, courts are generally able to give domestic law a
of freedom, peace, justice, equality, cooperation and amity with all construction which does not conflict with international law
nations 2.In a conflict between the Constitution and a Treaty or other International
- There is no need to transform international law into a domestic law as it is Law, the Constitution is upheld
deemed to form part of the law of the land
 ~ This, however, is only applied in the domestic sphere and the Treaty - is the supreme and uncontrollable power inherent in a State by which the
does not lose its character as an International Law State is governed
3. As between a statute and a Treaty or any other international law, the - includes independence from outside control
principle of lex posterior derogate priori shall apply, i.e. a later law shall repeal - sovereignty resides in the people and all government authority emanates
an earlier law from them (1987 Constitution)
B. In the International Sphere ~ Internal Sovereignty
1. International Law is superior - refers to the power of the state to direct its domestic affairs, as when it
2. Before the international courts, it is an established principle that a state establishes its government, enacts laws for observance within its
may not plead its own law as an excuse territory, or adopts economic policies
~ External Sovereignty
IV. SUBJECTS OF INTERNATIONAL LAW - signifies the freedom of the state to control its own foreign affairs as
when it concludes treaties, makes war or peace, and maintains
*Entities endowed with rights and obligations in the international order and diplomatic and commercial relations
possessing the capacity to take certain kinds of action on the international
plane, i.e. those who have international personality 5. Recognition of States
-
STATES
A. Elements V. INTERNATIONAL HUMAN RIGHTS LAW
1. People or Population
- A community of persons sufficient in number and capable of maintaining A. Definition
the permanent existence of the community and held together by a common - those inalienable–and fundamental rights essential for life as human beings
bond of law.
B. Three Generations
2. Territory (1) First Generation of Human Rights
- The fixed portion of the surface of the earth inhabited by the people of the - civil and political fundamental rights
State and over which an entity exercises permanent sovereignty - right of suffrage, right against violation of due process
- Includes the terrestrial, aerial, fluvial and XXX portions of the territory
(2) Second Generation of Human Rights
3. Government - social and economic rights
- is the agency or instrumentality through which the will of the State is - right to work, right to health
formulated, expressed and realized
(3) Third Generation of Human Rights
4. Sovereignty - solidary and collective rights
- right to peace, clean environment, self-determination, common heritage of - 1961 Vienna Convention on Consular Affairs
mankind, development, and minority rights
C. Agents of Diplomatic Intercourse
(4) Fourth Generation of Human Rights (1) Heads of State
- digital rights - embodiment of, and represents the sovereignty of the State
- right to free internet, right to information, right to control information on - in the Philippines, the President is deemed to be the sole architect of
oneself international affairs

C. Covenant and Declaration (2) Foreign Offices

(1) Covenant - handles the actual day-to-day affairs wherever they are placed
- a meeting of minds of the contracting parties on the specific duties and - through its head makes binding declarations on behalf of his government
obligations they intend to assume
- leaves no doubt about the legal nature of the provision it contains D. Missions
(1) States carry on diplomatic intercourse through permanent missions
(2) Declaration established in the capitals of other States
- admits the presumption that something less than full effectiveness in terms of
law is intended (2) Composition
- deemed to enunciate moral rules only a. Heads of Mission
- ambassadors or nuncios
D. International Criminal Court - envoys, ministers, and internuncios
- jurisdiction is limited only to the most serious international crimes against - charge d’affaires, accredited to the Ministers of Foreign Affairs
humanity, i.e. genocide, war crimes, crime of aggression
b. Diplomatic Staff
- those engaged in the diplomatic activities and accorded diplomatic
VI. RIGHT OF LEGATION rank

A. Definition c. Administrative and Technical Staff

- The right of diplomatic intercourse d. Service Staff
- The right of the State to send and receive diplomatic mission, which enables - those engaged in the domestic service of the mission
States to carry on friendly relations
(3) Functions and Duties (PNR-AP)
B. Foundation a. Protect the interests of the Sending State in the Receiving State
- 1961 Vienna Convention on Diplomatic Relations b. Negotiate on behalf of the Sending State with the Receiving State
c. Represent the Sending State in the everyday affairs in the Receiving State
d. Ascertain by all lawful means conditions and developments in the Receiving
State
e. Promote friendly relations between the Sending State and the Receiving State
D. Diplomatic Representatives
(1) Selection Process
- The President shall nominate, and with the concurrence of the Commission
of Appointments, appoint ambassadors (Sec. 16, Art. VII of the 1987
Constitution)
- The State is not entirely free in the choice of its diplomatic representatives,
especially heads of missions, as the receiving State has the right to refuse to
receive an envoy who it considers unacceptable, i.e. person non grata
(2) Agreation
- to avoid embarrassment, States resort to an informal inquiry, i.e. enquiry
- the Sending state sends an enquiry to the receiving State
- the Receiving State then respondents with an agreement, i.e. agreement
(3) Formalities after Agreation
- with the informal process concluded, the diplomatic mission then commences
when the envou presents himself at the Receiving State generally armed with
the following documets:
a. Lettre de Creance
b. Diplomatic Passport
c. Instructions, which may include a letter of full powers, i.e. pleine
pouvoir)
d. Cipher, or code, or secret key, for communication with the Sending
Country
E. Immunities and Privileges
(1) Personal inviolability
-the person of the diplomatic representative and people of the mission is
inviolable
- they cannot be held liable to any form of arrest or detention
(2) Inviolability of Premises and Archives
- the agents of the Receiving State may not enter the premises without express
consent of the envoys
- EXCEPTION: extreme cases of state necessity
- the premises, its furnishings and other properties thereon, including the
means of transportation of the mission shall be immune from search,
requisition, attachment, or execution
(3) The receiving State has the special duty of protecting the diplomatic
premises
(4) Right of Official Communication
- right to fully and freely communicate with his government
(5) Immunity from Local Jursidiction
- cannot be arrested, prosecuted, and punished for any offense he may commit,
unless his immunity is waived
- includes immunity from civil and administrative jurisdiction of the Receiving
State
(6) Exemption from taxed and custom dues
F. Duration of Immunities and Privileges
- the privileges are enjoyed from the moment the diplomatic representative
enters the territory of the Receiving State, and shall cease only the moment he
leaves the country
- these privileges are available even in transit, i.e. when travelling through a
third state on the way to the Receiving State
G. Waiver of Immunities (3) Outer space, or the region beyond the earth’s atmosphere, is not subject of
- Immunities may be waived, but as a rule, by the Sending State and not by the the jurisdiction of any state and national exploration
Diplomatic Representatives themselves
- Must be express (4) Outer space shall be free for exploration and use by all states without
- Implied Waiver discrimination of any kind
~ when the proceedings are initiates by the Diplomatic Representative,
he opens himself up to suit (5) The space beyond the airspace surrounding the earth or beyond the national
- Waiver of Immunity in respect of execution of judgment airspace, which is completely beyond the sovereignty of the State.
~ a separate waiver shall be necessary as regards the execution of the
judgment against the Diplomatic Representative (6) Celestial bodies shall be used exclusively for peaceful purposes

H. Termination of Mission (7) Nuclear weapons or any other kinds of weapons of mass destruction shall
(1) Death not be placed in orbit around the earth
(2) Resignation
(3) Removal or abolition of office VIII. NATIONAL TERRITORY AND EXTRATERRITORIALITY
(4) Recall by the Sending State
(5) Dismissal by the Receiving State A. 1987 Constitution
(6) War between the Sending State and the Receiving State - The national territory comprises of the Philippine archipelago
(7) Extinction of a State - with all the islands and waters embraced therein
- and all other territories over which the Philippine has sovereignty or
***CONSUL AND CONSULAR AFFAIRS*** jurisdiction
- consisting of its terrestrial, fluvial, or aerial domains,
- including its territorial sea, the seabed, the subsoil, the insular shelves, and
VII. OUTER SPACE other submarine areas.
- The waters around, between, and connecting the islands of the archipelago,
A. 1967 Treaty on the Exploration and Use of Outer Space regardless of their breadth and dimension, form part of the internal waters of
(1) The assertion under air space law used to be that air sovereignty extended the Philippines (Art. I)
to am unlimited extent, usque ad coelom
B. Archipelago Doctrine
(2) Outer space, including the moon and other celestial bodies, is not subject to - 2 Kinds
national appropriation by claim of sovereignty, by means of use or occupation, 1. Coastal Archipelago
or by any other means. - situated close to a mainland and considered as part of the mainland
2. Mid-ocean Archipelago
- groups of islands situated in the ocean at such distance from the coast
of firm (mainland)
e.g. the Philippines
~ it emphasizes the unity of lands and waters by defining the
archipelago either as a group of island surrounded by waters or body of
water studded by islands
B. Principle of Extraterritoriality
- used to denote the status of persons or things physically present on a State’s
territory, but wholly or partly, withdrawn from the State’s jurisdiction by a rule
of international law
C. English and French Rule
(1) English Rule
- The coastal state shall have jurisdiction over all offenses committed on board
such vessels, except only where they do not compromise the peace of the port
- Crimes perpetrated under such circumstances are in general triable in the
courts of the country within whose territory they were committed
(2) French Rule
- Flag states shall have jurisdiction over all offenses committed on board such
vessels, except only where they compromise the peace of the port
- Crimes committed aboard a foreign merchant vessel should mot be
prosecuted in the courts of the country within whose territorial jurisdiction
they were committed unless their commission affects the peace and security of
the territory
D. Article 2 of the Revised Penal Code
- Except as provided in the treaties and laws of preferential application, the
provisions of this Code shall be enforced not only within the Philippine
archipelago, including its atmosphere, its interior waters and maritime zone,
but also outside its jurisdiction, against those who:
1. Should commit an offense while on a Philippine ship or airship
2. Should forge or counterfeit any coin or currency note of the Philippine
Islands or obligations and securities issued by the Government of the
Philippine Islands
3. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the preceding
paragraph
4. While being public officers or employees, should commit an offense
in the exercise of their functions; or
5. Should commit any of the crimes against national security and the law
of nations, defined in Title One of Book Two of this Code
- The Philippines court has no jurisdiction on the crime of theft committed on
high seas on board a vessel not registered or licensed in the Philippines
- In the Philippines, we observe the English Rule
- Crimes not involving breach of public order committed on board a foreign
merchant vessel in transit not triable in Philippine courts
E. Exclusive Economic Zone
- The exclusive economic zone or the patrimonial sea extends 200 nautical miles
from the coast or baselines
(1) Rights of the Coastal State
a. Right to explore, exploit, conserve, and manage the living and non-living
resources
b. Right to protect and preserve the marine environment
c. Right to marine scientific research
d. Right to establish and use artificial island
(2) Rights of Other States
a. Freedom of navigation and overflight
b. Freedom to lay submarine cables and pipelines
c. Freedom to engage in other internationally lawful uses
(3) Limits
- The State shall protect the nation’s marine wealth in its archipelagic waters,
territorial seas, and exclusive economic zone, and reserve its use and
enjoyment exclusively to Filipino citizens (Art. XII, Section 2 par. 2, 1987
Constitution)
IX. USE OF FORCE
A. General Rule
- All Members shall refrain from in their international relations from the threat
or use of force against the territorial integrity or political independence of any
state, or in any other manner inconsistent with the Purpose of the United
Nations.
B. Threat of Force
- The United Nations Charter does not only prohibit the use of force, it as well
prohibits the threat of force
- The most typical form is the ultimatum in which the State to which it is
addressed is given a time-limit within which to accept the demands made upon
it and is told that, if it rejects the demands, war will be declared or certain
coercive measures
C. Exceptions
(1) When such action is agreed upon in a treaty
(2) When requested from sister states from the United Nations
(3) Exercise of the inherent right of self-defense
- The use of force against the territorial integrity or political independence of
another State or in any other manner inconsistent with the purpose of the
United Nations is prohibited. The entitlement to resort to self-defense is subject
to the conditions of necessity and proportionality.
- Under proportionality principle, the use of force to be lawful must meet the
requirements of the law applicable in armed conflict which comprise in
particular the principles and rules of humanitarian law
(4) Enforcement action
(5) Humanitarian Intervention
- Prohibition on violations of Human Rights is now considered as jus cogens.
The prevailing opinion, however, is that intervention without the authorization
of the Security Council violates international law
D. Nicaragua Case
- “The principles of international law, in particular the principle that States
should refrain in their international relations from the threat or use of force
against the territorial integrity or the political independence of any State, and
the principle concerning the duty not to intervene in matters within the
domestic jurisdiction of a State, principles embodied in the United Nations
Charter.”
E. Traditional Allowable Coercive Measures
(1) Retorsion
- any form of counter-measure in response to an unfriendly act, i.e. shutting of
ports to vessels of an unfriendly state, revocation of tariff concessions not
guaranteed by a treaty, display of naval forces near the waters of an unfriendly
state
(2) Reprisal
- a forcible or coercive measure whereby a State seeks to exercise a deterrent
effect or obtain redress as a consequence of the illegal act of another State
(3) Embargo
- consists of seizing vessels of the unfriendly state even in the high seas
(4) Boycott - cannot be decided by legal processes because the differences of the parties
- suspension of trade or business relations with the unfriendly State spring from animosities in their mutual attitudes rather than from antagonism
of legal rights
(5) Non-intercourse
- suspension of all commercial intercourse with a State C. Methods
(1) If a bilateral settlement fails, it is requires the submission of the dispute for
(6) Pacific Blockade compulsory settlement
- naval operation carried out in a time of peace whereby a State prevents access
to or exit from particular ports for the purpose of compelling the latter to yield (2) Negotiation
to the demand by the blockading State - discussion undertaken by the State-parties themselves. Wherein the
government conduct their relations with one another and discuss, adjust, and
settle their differences
X. INTERNATIONAL DISPUTE SETTLEMENT
(3) Inquiry
A. Basic Principles - investigation of the points of question on the theory that their education will
- Well established in International Law that no State can, without its consent, contribute to the solution of the differences
be compelled to submit disputes within other States
(4) Good Offices
B. Dispute - method by which a third party attempts to bring the disputing State-parties
- Exists when one state claims that another state should have behaved in a together in order to enable them to discuss the issues in contention and arrive
certain manner and that claim is rejected by the latter at an agreement
- The following are deemed constitutive of legal dispute: - done either by:
a. Interpretation of a treaty a. Third Stated
b. Question of international law b. International organs
c. Existence of law, if established would constitute a breach of c. Individual or eminent citizens of Third States
international law
d. Extent of reparation (5) Mediation
- Third party does not merely provide the opportunity for the State-parties to
(1) Legal Dispute negotiate but also actively participates in their discussions in order to reconcile
- involves justiciable rights based on law or fact susceptible of adjudication by their conflicting claims
a judicial or arbitral tribunal
(6) Conciliation
(2) Political Dispute
- Process of disputes by referring them to the commissions or other
international bodies
(7) Judicial Settlement
- The nature of the proceedings and the decision are binding in character
- Settlement done by the Permanent International Court of Justice
XI. ORGANS OF THE UNITED NATIONS
A. General Assembly
- The main deliberative, policy-making, and representative organ of the United
Nations comprised of all Member States
- It discusses any matter arising from under the United Nations Charter
- General Assembly Resolutions are only recommendations to the Member
States, but as they represent the majority of the world’s view, they carry heavy
moral weight
- Organ tasked to supervise the administration of Trust-Territories or former
colonies or dependent territories placed under the International Trusteeship
System
E. International Court of Justice
- is the United Nation’s main judicial organ
- It settles legal disputes between States comprising of Contentious Cases
- It also issues Advisory Opinions upon the request of a range of United
Nations organizations
F. Secretariat
- Carries out the day-to-day work of the United Nations as mandated by the
General Assembly and the other principal organs
- Its duty comprises of administering peacekeeping operations, mediating
international disputes, surveying social and economic threats, to name a few
- It is also responsible for servicing the other organs of the United Nations and
administering the programmed and policies laid down by them

B. Security Council
- Key organ of the United Nations whose primary responsibility is the
maintenance of the internal peace and security council
- The Security Council takes the lead in determining the existence of a threat to
the peace or act of aggression

C. Economic and Social Council (ECOSOC)

- The central body for coordinating the economic and social work of the United
Nations and the UN System
- The Council recommend and directs activities aimed at promoting economic
growth of developing countries, supporting human rights, and fostering world
cooperation to fight poverty, and under-development

D. Trusteeship Council