Agents- head of state, foreign secretary or minister and members of the diplomatic service;

Head of State- envoys ceremonial; envoys political

Foreign secretary

Diplomatic envoys- ambassadors or nuncios; accredited head of states; envoys, ministers or internuncios
accredited to heads of state; charges d’ affairs to ministers for foreign affairs;

AGENTS- diplomatic corps is a body consisting of the different diplomatic representatives who have
been accredited to the same local or receiving state;

Headed by doyen de corps (oldest member with the highest rank

APPOINTMENT OF ENVOYS- agreement of the receiving state it has given for the person it possess to
accredit as head of the mission of that state;

EXCEPTION: CIVIL ACTION- Arising out of the contract concluded by a consular officer or a consular
employee in which he does not contract as an agent of the state

- by third party for a damage arising from an accident in he receiving state caused by vehicle or aircraft

IMMUNITIES OF OFFICIALS OF INTERNATIONAL ORGANIZATIONS

 Personal immunity from legal process with regard to official acts;

 Income tax exemption;
 Right to import, free from customs duties, their furniture and effects;
 Immunity from immigration restriction and alien registration;
 Immunitiy from national service obligation

CONCEPTS
- archipelagic state- means a state constituted wholly by one or more acrhipelos and may include other
islands;

 Archipelago- means a group of islands, including parts of islands, interconnecting waters and
other natural features which are so closely interrelated that such islands, waters and other
natural features form an instrinsic geographical, economic and political entity, or which
historically have been regarded as such.
 Straight baseline method- the archipelagic state shall draw straight baseline
 Internal waters – caovers all and waterways on the landward side of the baseline. The coastal
state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of
passage within internal waters;
 Territorial waters – out of 12 nautical miles (22 km) from the baseline, the the coastal state is
free to set laws, regulate use, and use any resource;
 Contiguous zone- beyond the 12 nautical mile (22km) limit, there is a further 12 nautical miles
(22Km) form teh territorial sea baseline limit, teh contiguous zone.
o In which a state can continue to enforce laws in four specific areas; customs, taxation,
immigration and pollution, if the infringement started within the states territory or
territorial waters, or if thi sinfringment is about to occur within the states territory or
territorial waters.
 Exclusive economic zones- these extend 200 nautical miles (370 km; 230 miles) from teh
baseline. Within this are, the coastal nation has sole exploitation rights over all natural resource;
 Continental shelf- the continental shelf is defined as the natural prolongation of the land
territory to the continental margin’s outer edge, or 200 nautical miles (370km) from the coastal
state’s baseline, whichever is greater. The coastal states have hte right to harvest mineral and
non-living materials in the subsoil of its continental shelf. In the exclusion of others. Coastal
states also have exclusive control over living resources “atttached’ in the consitnental shelf, but
not to creatures living in the water beyond the EEZ

RA 9552 dated Mar 10, 2009

- the change was promted by the need to make RA no. 3046 compliant with the terms of the UNCLOS III
which the Philippines ratified on Feb 27, 1984; It shortens one baseline, optimized the location f some
basepoints around the Philippine archipelago and classifies adjacent territories namely the KIG and
Scarborough shoal as regimes of islands whose islands general their own applicable maritime zones;

UNCLOS III has noting to do with the acquisition or loss of territory. It is a multilateral treaty regulting
mong others, sea use rights over maritime zones; i.e. territorial waters; contiguous zones; exclusive
economic zone; continental shelves that UNCLOS III delimits; was the culmination of decades long
negotiations among UN members to codify norms regulating the conduct of Sttes in the worlds oceans
and submarine areas, recognizing coastal and archipelagic states graduated authority over a limited
span of waters and submarine lands along their coast;

Settlement of disputes:

-bilaterial settlemtn;

Compulsory settlemtn; ITLOS; ICJ

MODES OF ACQUISITION OF TERRITORY

- discovery and occupation – original mode of acquiring territories by which territory not belonging in
any state is placed under the sovereignty of the discovering state;

Requisites:

 Possession- must be claimed on behalf of hte state either formal proclamation or raising of
national flag
 Administration of terriorty
 Cession – territory is transferred form one state to another by agrrment, consensual in nature;
 Subjugation – after defeating as a result of war, the said territory was annexed;
 Prescription – there are two elements:
o Continuous, public and advers possession whether in good or bad faith of some other
states territory;
o Laspse of reasonable period of time;
 Dereliction – there must be a physical abandonment of hte property and the intent never to
turn to the same- animus non revertendi
 Avulsion-sudden breaking off of part of the territory unless steps are undertaken to force and
return

MOUTH OF THE RIVER DOCTRINE – the state that occupies the land area at the mouth of the river is the
one which has the constructive possession of the entire territory thru which the river runs;

HINTERLND DOCTRINE – occupation of the coast means the constructive occupation of the entire
interiror even if not explored;

RIGHT OF CONTIGUITY – occupation of a particular territory gives a right to all the neighboring
territories in so far as the latter regions are essential for the defense of the former
THALWEG DOCTRINE – for boundary rivers, in teh absence of an agreement between the riparian states,
the boundary line is ladi on the middle o fthe amin navigable channel

MIDDLE OF THE BRIDGE DOCTRINE – where there is a bridge over a boundary river, the boundary line is
the middle or center of the bridge

RIGHT OF INNOCENT PASSAGE – vessels may be allowed to exercise right of innocent passage but it may
be suspended in the interest of national security

JURISDICTION

TERRITORIAL PRINCIPLE: GR- within its jurisdiction

Exception: Continuing offenses; acts prejudicial to the national security or vital interest of state;
universal crimes

NATIONALITY PRINCIPLE

PROTECTIVE PRINCIPLE

PRINCIPLA OF UNIVERSALITY

EXEMPTIONS FROM JURISDICTION

1. State immunity (Acta Jure imperii and acta jure gestionis)

a. Act of state doctrine;
b. Diplomatic immunity
c. Immunity of UN, its organs, specialized agencies;
d. Foreign merchant vessels exercising right of innocent passage or arrival under stress;
e. Foreign armis passing through or stationed in the territory with the persmission of the
state;
f. Waships and other public vessels of another state operated for non-commercial purpose

CHICAGO CONVENTION AND INTERNATIONAL CIVIL AVIATION ORGANIZATION

-establishes rules of airspace, aircraft registration nd safety, and dtails the rights of the signatories in
relation to air travel

- cook island is party to the convention it is not member of UN

- 192 coutnries including all members of UN except Dominica and Liechtenstein

 2. Every state has complete and exclusive sovereignty over airspace above its territory;
3. Refrain from resorting to the use of weapons gainsst civil aircraft in flight;
4. The aircraft of states, other than scheduled international air services, have the right to make
flights ccross state’s territories and to make stops without obtaining piror permission. However,
the state may require teh aircraft to make a landing;
5. Parties are prohibited form plaicing nuclear arms or toerh weapons of mass destruction in orbit,
on the moon, or on other bodies in space.

PRINCIPLE OF EXTERRITORIALITY

PRINCIPLE OF EXTRATERITORIALITY

1972 STOCKHOLM CONFERENCE

- LEAD TO THE CREATION OF un ENVIRONMENTAL PROGRAM- man has the fundamental right to
freedom, equality, and adequate conditions of life, in environment of quality that permits a life of
dignity and well being

2015 PARIS AGREEMENT – each country determines, plans and regulary reports its own contribution it
should make to in order to mitigate global warming

France – 5 year plan to ban all petrol and diesel vehicles by 2040, no longer use coal for electricity

TRNASNATIONAL BOUNDARY MOVEMENTS OF HAZARDOUS WATSE AND THEIR DISPOSAL

-negotiated in teh late 1980s and entered into force in 1992

-hazardous waste- based on their origin and/or composition nad their charismatic

-reduction of hazardous waste generation and promotion of e –sound management of hazardous waste;

-restrction of transboundary movement except when it is perceived to be in acodrane with principles of

e-sound
- hazardous waste may not be exported to Antartica, to a state not a party to the basel convention, or to
a party having banned the import;

- enter into a bilitateral party or multilateral agreements with other parties or non-parties provided the
terms are not less than teh basel
- prior ifnromed consent; exchange of information and technical assistance

1951 refugee convention

- aperson who “owning to a well founded fear of being persecurited for reason of race, religion,
nationality, membership of a particular social group or political opinioin, is outside the country of his
nationality and is usable to, the country of his nationality, and is unable to own to such fear, is unwilling
to go avail himself of the protection of the country;

RIRGHTS OF REFUGEE;

- once Europe, refugees can appiy for political asylum or another protected stateus sometimes
termporaty

-by law, refugees cannot be sent back to country where their lives would be in danger;

Refugees hshould not be expelled or returned to situations where their life and freedome would be
under threat