I. HISTORY 
 Treaty of Zaragoza 
 The Treaty of Zaragoza marks the first time that one of the Iberian states bases its claim
to territory on a right of first discovery rather than on papal edict. 
o The Treaty of Zaragoza, also called the Capitulation of Zaragoza (alternatively spelled
Saragossa) was a peace treaty between Castile and Portugal, signed on 22 April 1529 by
King John III of Portugal and the Castilian emperor Charles V, in the Aragonese city of
Zaragoza. The treaty defined the areas of Castilian and Portuguese influence in Asia, in order
to resolve the "Moluccas issue", which had arisen because both kingdoms claimed the
Maluku Islands for themselves, asserting that they were within their area of influence as
specified in 1494 by the Treaty of Tordesillas. The conflict began in 1520, when expeditions
of both kingdoms reached the Pacific Ocean, because no agreed meridian of longitude had
been established in the Orient. 
 Treaty of Tordesillas  
 Treaty of Tordesillas, (June 7, 1494), agreement between Spain and Portugal aimed at
settling conflicts over lands newly discovered or explored by Christopher Columbus and other
late 15th-century voyagers. 
o In 1493, after reports of Columbus’s discoveries had reached them, the Spanish rulers
Ferdinand and Isabella enlisted papal support for their claims to the New World in order to
inhibit the Portuguese and other possible rival claimants. To accommodate them, the
Spanish-born pope Alexander VI issued bulls setting up a line of demarcation from pole to
pole 100 leagues (about 320 miles) west of the Cape Verde Islands see Cabo Verde. Spain
was given exclusive rights to all newly discovered and undiscovered lands in the region west
of the line. Portuguese expeditions were to keep to the east of the line. Neither power was to
occupy any territory already in the hands of a Christian ruler. 
 DEBATE AT VALLADOLID ON LAW APPLICABLE IN THE AMERICAS (1550) 
 This influential early argument over the legal framework governing contacts with native
American peoples between Dominican friar Bartolomé de las Casas and Ginés de Sepulveda
left the two men being seen as, respectively, a pioneer of universal rights and promulgator of
the view of colonised peoples as “natural slaves”. 
 
 TREATY OF AMASYA (1555) 
 o This was the first treaty between Muslim entities (Ottomans and Safavids). 
 
 RELIGIOUS PEACE OF AUGSBURG (1555) 
o This landmark settlement established the principle of cuius regio, eius religio (‘each
prince determines the religion of his subjects’) which implied the recognition of Protestant
rulers as equal to their Catholic counterparts within the Holy Roman Empire. 
 
 JEAN BODIN ON SOVEREIGNTY (1576) 
o Frenchman Jean Bodin offers a classic definition of sovereignty: "the Sovereign has
supreme power over citizens and subjects and is not bound by any laws". 
 
 EDICT OF NANTES 
o The Edict of Nantes is commonly understood to be the starting point of minority protection
as we know it now. It protected the Protestant minority in predominantly Catholic France,
recognizing that religious minorities needed special protection. 
 
 FOUNDATION OF THE DUTCH EAST INDIA COMPANY  (1602) 
 The Vereenigde OostIndische Compagnie or VOC helped to establish global trade. Acting
on powers delegated to them by their parent States, chartered companies from the
Netherlands, England, Denmark, France, and, later, Germany would become key
components of colonial expansion. 
 
 TWLEVE YEARS TRUCE (1609) 
 The restitution clauses used in the Peace of Munster 1648 (of the Westphalia Treaties)
were largely copied directly from the Twelve Years Truce. During the period of this truce,
treaty provisions were developed and Dutch mercantile commerce flourished. 
 
 MADRID PEACE TREATY (1630) 
 The Madrid Peace Treaty marks the first time that two seafaring nations (England and
Spain) agree that all of the seas are governed by law, not just those within socalled "lines of
amity". 
 THE WESTPHALIAN TREATIES (1648) 
 The term ‘Peace of Westphalia’ principally denotes the Treaty of Peace between France
and the Holy Roman Empire and the Treaty of Peace between the Holy Roman Empire and
Sweden. The Westphalian Treaties were signed in the Catholic city of Münster and the
Lutheran city of Osnabrück on 24 October 1648 both in Westphalia, Germany, a territory in
the north–west of Germany which today belongs to the German states North Rhine—
Westphalia and Lower Saxony. 
(Image: The Ratification of the Treaty of Münster, 15 May 1648 by Gerard ter Borch. Public
domain via Wikimedia Commons.) 
 
 THE FIRST MANUAL OF INTERNATIONAL LAW (1650) 
 Richard Zouch publishes Jus et judicium feciale, sive jus inter gentes, considered the first
manual of international law. 
 
 THE PEACE OF BREDA (1667) 
 The conclusion of the Second AngloDutch War had lasting implications for both nations’
standing in international affairs. England and the Dutch Republic would go to war again in
1672 for the third time in that century, but this Treaty saw England’s promotion to the first rank
of European powers and the beginning of the Dutch golden age in international trade. 
 
 PUBLICATION OF PUFENDORF'S LAW OF NATURE AND NATIONS (1672) 
 The law of nations is that which enables States to regulate their selfinterest among each
other by the basic rule of ‘sociability’. 
 o Samuel Pufendorf's major treatise, The Law of Nature and Nations (1672), and its
textbook abbreviation, On the Duty of Man and Citizen (1673), shaped natural law, so that it
became both a philosophical and juridical teaching subject that was adopted across Europe
and beyond as part of educational, legal, and institutional modernization. 
 PEACE OF UTRECHT (1713) 
 The overall peace settlement consisted of 35 related treaties and put an end to one of the
major and most devastating wars in earlymodern European history, the War of the Spanish
Succession (1700–1713). It has been said by international lawyers that the introduction of the
balance of power in the Utrecht Peace Treaties promoted it into a foundational principle of the
positive law of nations. 
 
 BIRTH OF EMER DE VATTEL (1714) 
 De Vattel is born on 25 April 1714 in the province of Neuchâtel, the son of protestant
refugees. In 1758, he publishes 'The Law of Nations' or the 'Principles of Natural Law Applied
to the Conduct and to the Affairs of Nations and of Sovereigns'. The work enjoys
considerable success, much to the amazement of the author himself. 
 
 LEAGUE OF HANOVER (1725) 
 An unlikely alliance between Louis XV of France, George I of Great Britain/Hanover, and
Frederick William I of Brandenburg/Prussia motivated by joint British and French aims of
containing the Hapsburg Empire followed the Peace of Utrecht’s pattern of using treaties to
maintain a European balance of power. 
 
 PEACE OF AACHEN (1748) 
 The Peace of Aachen was a landmark in the history of multilateral peace treaties.
Previous multilateral conferences resulted in a series of bilateral peace treaties, whereas this
one yielded a single treaty with eight parties, a shift which was more famously seen in the
later Congress of Vienna (1815). 
 
 SEVEN YEARS’ WAR (1756 – 1763) 
 This was the first major conflict between European nations being fought outside of
Europe. 
 
 US DECLARATION OF INDEPENDENCE (4 July 1776) 
 The 13 American colonies brings the concept of “self-determination” to the world stage. 
 
 FRENCH REVOLUTIONARY CONSTITUTION (24 Jun 1791) 
 Adopts provisions on nonintervention in other state's affairs, and the treatment of aliens. 
 
 DECLARATION DU DROIT DES GENS (1793) 
 A catalogue of fundamental rights and duties, the Declaration du Droit des Gens,
authored by Henri Grégoire is set forth. It comprises principles such as independence,
equality, sovereignty, jurisdiction, nonintervention, selfdefence, mutual respect of the rights of
all, immunity of ambassadors, and pacta sunt servanda. 
 CONGRESS OF VIENNA (1815) 
 The Congress of Vienna marked the establishment of a new political and legal order for
Europe after more than two decades of turmoil and war following the French Revolution. 
The basic features of the reorganisation of Europe from Vienna would survive for more than
five decades, until the German unification. Whereas Europe was plagued by numerous
armed conflicts and wars, the Vienna order proved at the same time sufficiently grounded and
flexible to allow the great powers the leeway necessary to prevent these wars from escalating
into a new general war. 
 
 INTERNATIONAL COMMITTEE OF THE RED CROSS FOUNDED (1863) 
  The ICRC was established in Geneva in 1863 in response to a proposal made by a Swiss
citizen, Henry Dunant. In 1859, Dunant happened to witness the aftermath of the Battle of
Solferino, one of the bloodiest battles of the 19th century and a decisive event that led to the
creation of modern Italy. Dunant was deeply shocked by the absence of any organized care,
medical or otherwise, for the wounded and dying soldiers on both sides. 
 
 Treaty of Paris (1898) 
 The Treaty of Peace between the United States of America and the Kingdom of Spain
was a treaty signed by Spain and the United States on December 10, 1898, that ended the
Spanish–American War. Under it, Spain relinquished all claim of sovereignty over and title to
territories described there as the island of Porto Rico and other islands now under Spanish
sovereignty in the West Indies, and the island of Guam in the Marianas or Ladrones, the
archipelago known as the Philippine Islands, and comprehending the islands lying within the
following line: (details elided),[1] to the United States. The cession of the Philippines involved
a compensation of $20 million from the United States to Spain. 
 
 Treaty of Versailles 
 The Treaty of Versailles is signed, ending the state of war between Germany and the
Allied Powers. 
o The Treaty of Versailles was the primary treaty produced by the Paris Peace
Conference at the end of World War I.  
o It was signed on June 28, 1919, by the Allied and associated powers and by Paris Peace
Conference Germany in the Hall of Mirrors in the Palace of Versailles and went into effect on
January 10, 1920.  
o The treaty gave some German territories to neighboring countries and placed other
German territories under international supervision.  
o In addition, Germany was stripped of its overseas colonies, its military capabilities were
severely restricted, and it was required to pay war reparations to the Allied countries.  
o The treaty also created the League of Nations. 
 United Nations (UN) 
 An international organization established on October 24, 1945. The United Nations (UN)
was the second multipurpose international organization established in the 20th century that
was worldwide in scope and membership.  
o Its predecessor, the League of Nations, was created by the Treaty of Versailles in 1919
and disbanded in 1946. Headquartered in New York City, the UN also has regional offices in
Geneva, Vienna, and Nairobi. Its official languages are Arabic, Chinese, English, French,
Russian, and Spanish. 
 League of Nations 
 an organization for international cooperation established on January 10, 1920, at the
initiative of the victorious Allied powers at the end of World War I. 
 
 Kellog-Briand Pact (1928) 
 The Kellog-Briand Pact is signed, aimed at abolishing war as an instrument of policy. 
 
 INTERNATIONAL COURT OF JUSTICE (1946) 
 The Permanent Court of International Justice (or World Court) is replaced by
the International Court of Justice. 
 
 UNIVERSAL DECLARATION OF HUMAN RIGHTS (1948) 
 The Universal Declaration of Human Rights is adopted by the United Nations General
Assembly. 
 
 STATE RESPONSIBILITY (1956) 
  The International Law Commission commences its study of State Responsibility. This is
the start of a 45year journey. The attempt to codify the nature of states’ legal obligations
required the input of four Rapporteurs before yielding an acceptable result. 
 JUS COGENS (1969) 
 The concept of a peremptory norm of international law or “jus cogens” appears for the first
time in a treaty. 
 
 VIENNA CONVENTION (1969) 
 The Vienna Convention on the Law of Treaties (VCLT), which sets out the law and
procedure for the making, operation, and termination of a treaty, is adopted. The text is in
Arabic, Chinese, English, French, Russian, and Spanish. Its entry into force requires 35
ratifications and happens on 27 January 1980. 
II. INTRO 
 WHAT ARE THE BASES OF INTERNATIONAL LAW? 
o NATURAL LAW -  there is natural and universal principle of RIGHT AND WRONG,
independent of mutual intercourse or compact, which can be discovered and recovered by
every individual through the use of his reason and conscience. (see concept of jus cogens
and erga omnes) 
o POSITIVISM – the binding force of international law is derived from the agreement of the
States to be bound by it.  
o Body of rules & principles which are recognized as legally binding and governs the
relations of states and other entities with one another (as between international organizations,
between international organizations and states, between international organizations and
states and the people). 
o Consists of the rules and principles of general application dealing with the conduct of
States and of international organizations in their international relations with one another and
with private individuals, minority groups and transnational companies 
 
 Hugo Grotius  
 Father of International Law 
 Created the Law of War and Peace 
 
 Natural Law  
o Prescribes rules of conduct for nations as well as private individuals 
 
 INTERNATIONAL LEGAL PERSONALITY 
o International legal personality refers to the entities or legal persons that can have
rights and obligations under international law. 
 International Organizations 
o International Organizations are established by States through international
agreements and their powers are limited to those conferred on them in their constituent
document. 
o International organizations have a limited degree of international personality,
especially vis-à-vis member States. 
o They can enter into international agreements and their representatives have
certain privileges and immunities. 
o The constituent document may also provide that member States area legally
bound to comply with decisions on particular matters. 
 States 
o A State has the following characteristics:  
1. A permanent population;  
2. A defined territory; 
3. A government; and\ 
4. The capacity to enter into relations with other States. 
  
o Nationality of individuals, companies 
o Individuals are generally not regarded as legal persons under international law.  
o Their link to State is through the concept of nationality, which may or may not
require citizenship. 
 
o Nationality 
o It is the status of being treated as a national of a State for particular purposes. 
o Each State has wide discretion to determine who is a national. 
o Methods of Acquiring Nationality 
(1) At birth, (2) The place of birth, (3) Adoption, (4) Naturalization 
o Companies, ships, aircraft and space craft - Usually considered as having the
nationality of the State in whose territory they are registered. 
 
o SOVEREIGNTY OF STATES OVER TERRITORY 
o Sovereignty is the exclusive right to exercise supreme political authority over a
defined territory (land, airspace and certain maritime areas such as the territorial sea)
and the people within that territory. 
o No other State can have formal political authority within that State. 
o Valid Claim of Sovereignty Over Territory – (1) Discovery, (2) Occupation, (3)
Prescription 
 
 FUNCTIONS OF INTERNATIONAL LAW 
1. Defines the existence of STATES 
2. Governs INTERNATIONAL AGREEMENTS 
3. Provides framework of DIPLOMATIC RELATIONS 
4. Sets forth rules for INTERNATIONAL COMMERCE 
5. Governs individual HUMAN RIGHTS 
6. Regulates protection of the global ENVIRONMENT (air, land, sea and global
resources)  
7. VITAL FUNCTION: eliminates elements of unlawful force in the solution of
human conflicts and provides basis for the orderly management of international relations;
SOCIAL PROGRESS.  
 
 WHAT IS THE FOUNDATION OF INTERNATIONAL LAW [RICE] 
1. principle of RECIPROCITY - States that favors, benefits, or penalties that are
granted by one state to the citizens or legal entities of another, should be returned in
kind. 
2. principle of INDEPENDENCE - Right of a state to exist and to exercise sovereignty. 
3. Principle of COMITY -  Refers to rules on politeness, convenience and goodwill
observed by the states in the mutual intercourse without being legally bound by them. 
4. principle of EQUALITY OF STATES 
a. This right is inherent in the concept of a state as a subject of International
Law and is given general recognition by long-standing state practice. In its legal
effects the principle of state equality has several important consequences.
Probably the most important manifestation of the doctrine is the right of every
state to have one vote in matters requiring the consent of states. 
b. As a natural consequence of this is that the vote of every state, no matter
how large or small the state, counts the same as the individual votes of all other
states. Legal equality also means that no state can claim jurisdiction over other
states, and as corollary, a state is independent of the political will of all other
states. From this also flows the concept of Sovereign Immunity, which prevents
one state from being sued in the courts of another state without the consent of
the first state. 
 c. From this also flows the concept of Sovereign Immunity, which prevents
one state from being sued in the courts of another state without the consent of
the first state. 
 
 Theories of as to the Basis of International law. 
1. DIRECT CONSENT - International law is based upon the direct consent of States
upon their individual acceptance of its principles and rules 
2. IMPLIED CONSENT - A fiction to account for the acceptance of the great body of
general principles and specific rules that had come to form the body of customary law. 
3. MUTUALITY OF INTEREST - International law is a subjective law; its binding force
depends upon mutuality of interest which could only be maintained by altering from time
to time such rules as it might be no longer to the interest of the parties to observe 
4. NECESSITY - The fact that nations have common interest constitutes the actual
community if states and at the same time imperatively demands a rule of law so that
international law may be said to be based upon the very necessity for its existence 
 Distinction of Public International Law and  Private International law 
o PUBLIC INTERNATIONAL LAW 
 Law of the nations 
 Regulates the relationship between states and international entities 
 Concerned with questions of rights between nations 
 That branch of public law which regulates the relations of States and of other
entities which have been granted international personality. 
 The law that deals with the conduct of States and international organizations,
their relations with each other, and, in certain circumstances, their relations with persons,
natural or juridical. 
 
o PRIVATE INTERNATIONAL LAW 
 Alternatively referred to as ‘Conflicts of Laws’ 
 regulates comity of states in giving effect in one to the municipal laws of another
relating to private persons. 
 A domestic law dealing with disputes that arise from private transactions between
individuals or companies and corporations from one country vis-avis their counterparts in
another country. 
 PRINCIPLE: One country gives respect and give effect to the laws of another so
far as can be done consistently with its own interest 
 DISTINCTION 
o PRIVATE INTERNATIONAL LAW 
 As to nature, international not municipal. 
 As to remedies, international modes not local tribunals. 
 As to parties, international entities not private persons. 
 As to enforcement, international sanctions not local sheriff/police. 
o INTERNATIONAL MORALITY OR ETHICS 
 Principles which govern relations of States from the standpoint of conscience,
morality, justice and humanity. 
o INTERNATIONAL COMITY 
 Rules of politeness/courtesy observed by States in their relations with other
States. 
o INTERNATIONAL DIPLOMACY 
 Objects of international policy and the conduct of foreign affairs 
o INTERNATIONAL ADMINISTRATIVE LAW 
 Body of laws which regulate the relations and activities of national and
international agencies with respect to their material and intellectual interests which
have received international recognition. 
 
 Branches of International Law 
 1. Human rights law 2. Humanitarian law 3. Refugee law 4. Criminal law 5. Economic law 6.
Environmental law 
 General Classifications of Public International Law 
1. Consular law 2. Diplomatic law 3. International Aviation law 4. International criminal law 5.
International environmental law 6. International human right law 7. International humanitarian law
8. International space law 9. International trade law 10. law of state responsibility 11. Rules
according to higher law 12. UN Conventions on the law of the Sea 13. Use of force continuum 
 Is International Law a True Law? 
o Based on popular views it is NOT A TRUE LAW because: 
 Law of nation lacks the equality of positive authority or command. 
 No legal duty/obligation of obedience on the part of those whom it is addressed
with no courts to interpret and enforce international law. 
 No penalty prescribed for disobedience with lack of physical power to enforce
obedience. 
 International law is recognized as law of practice 
 Sanctions for failure to comply though indirect is similar to municipal law. 
 Includes force of public opinion, self help, intervention by third party 
 States, sanctions of international organizations such as the UN and as a last
resort – WAR 
 
 Classification of International Law 
1. Customary  
2. Conventional  
3. General International Law 
 
 Public International Law vs Municipal Law 
 
 MUNICIPAL LAW 
 Deals with states’ relations 
 Deals with internal affairs of a state 
 Sources are customs and treaties 
 Sources are customs and precedents grown within the state’s jurisdiction and
legislation enacted by its law making body. 
 Law of sovereign over individuals subject to state authority. 
 Laws not codified except on particular subjects 
 
o INTERNATIONAL LAW 
 Law is not a law above but between sovereign states 
 Laws are codified 
 Penalty/sanction is addressed by pressure put upon a state to behave in good
faith, diplomacy, retaliations or severance of economic ties, war as an act of self
defense (as recognized by the UN) 
 Only strong countries may impose these sanctions to weak countries in reality. 
 Penalty may be in the form of imprisonment (in violation of the penal code) or
sanctions of damages and administrative sanctions. 
 ** In International Tribunal the international law will prevail over Municipal law.  
 ** In a municipal tribunal, one must distinguish if conflicts involve international
law and foreign international law in which case international law prevails.  
 ** Municipal law prevails if conflicts involve conflicts between municipal law and
international law 
 Relationship with Municipal Law 
o International Law is horizontal by nature. This means that in international law,
all States are more or less on equal footing and are generally unable to compel each
 other to act. Municipal law is vertical. It exists hierarchically and of subordination,
whereby those on top give commands to those lower in the system. 
 
 Conflict Between International law and Municipal Law 
o On the domestic sphere, with a local court deciding 
 If the conflict is with the Constitution: uphold the Constitution. The
Constitution is highest law of the land, both statutes and treaties may be
invalidated if they are in conflict with the Constitution. 
 If the conflict is with a statute: decide which comes last in time which is
usually be upheld by the municipal tribunal (PRINCIPLE OF LEX POSTERIOR
DEROGATE PRIORI). Rules of international law are given equal standing with, but
are not superior to, national legislative enactments. A treaty my repeal a statute,
and a statute may repeal a treaty. 
o On the international sphere, with an international tribunal deciding 
 Superiority: International law is superior to municipal law, because
international law provides the standard by which to determine the legality of a
State’s conduct. 
o Municipal law, when in conflict with PIL is given effect in municipal courts, the
reason being that such courts are organs of municipal law and are accordingly bound by
it in all circumstances. 
o The fact that international law has been made part of the law of the land does not
mean to imply it is primary over national or municipal law 
o In Doctrine of Incorporation, PIL is given standing equal but not superior to
national legislative enactments. 
 Conflict between a Treaty and a Constitution 
 In states where Constitution is the highest law of the land, both statutes and treaties may
be invalidated if they are in conflict with the Constitution. 
 In the Philippines, the Supreme Court may declare a treaty unconstitutional if it is in
conflict with the Constitution. 
 
 Doctrine of Transformation 
 Requires legislative action to make the treaty enforceable in the municipal sphere 
 Municipal law expressly adopts an international law thru an act of legislation 
 The doctrine is observed in treaties 
 We adhere to Doctrine of transformation as the constitution says in order for a treaty to
be binding, it has to be ratified by congress. Therefore, the signed document by the president
has to be given to congress and such ratification by congress is an act of legislation for it to
farm part of the law of the Philippines 
 
 Doctrine of Incorporation 
 Considers rules of international law as forming part of the law of the land and no further
legislative action is needed to make such rules applicable in the domestic sphere 
 The doctrine observed in customary international law 
 
 Adoption Doctrine 
 Municipal law impliedly adopts an international law 
 
 Harmonization Doctrine 
 International law is applied only when appropriate 
 
 Restricted Automatic Doctrine 
 Based on Article 2, section 2 of Constitutional provision in the Philippines, “Philippines
adopts the generally accepted principles of international law as part of the law of the land” It
stresses the automatic adoption of international law but involves restriction that such
 automatic adoption of international law is only as to generally accepted principles of
international law.  
 So long as it is a generally accepted principle of law we automatically adopt it, beyond
that, all other aspects or sources of international law has to be ratified thru a legislative act
pursuant to powers of congress in the constitution. 
 
 Structure of Public International law 
 Law of Treaties and other international agreements 2. Law on Armed Conflicts 3. Rubrics
of international delinquencies or torts 4. International responsibilities of States 
III. SOURCES OF INTERNATIONAL LAW 
 Statute of the International Court of Justice, Arts. 38 and 59 
1. INTERNATIONAL CONVENTIONS, whether general or particular, establishing rules
expressly recognised by the contesting states; 
2. INTERNATIONAL CUSTOM, as evidence of a general practice accepted as law; 
3. GENERAL PRINCIPLES OF LAW recognised by civilised nations; 
4. JUDICIAL DECISIONS and 
5. the TEACHINGS of the most highly qualified publicists of the various nations, as
subsidiary means for the determination of rules of law. 
o Article 59. The decision of the Court has no binding force except between the
parties and in respect of that particular case. 
o Whether general or particular, establishing rules expressly recognized by the
contesting states. 
o TREATY means an international agreement concluded between States in written
form and governed by international law, whether embodied in a single instrument or in
two or more related instruments and whatever its particular designation. 
o A CONVENTION is an international agreement between countries. These are
usually developed by the United Nations or other international organizations.
Governments that ratify Conventions are obliged to incorporate them into their own laws
and to make sure that these laws are applied and respected.” Various terms have been
used for such an agreement, including treaty, convention, protocol, declaration, charter,
Covenant, pact, act, statute, exchange of notes, agreement, modus vivendi ("manner of
living" or practical compromise), and understanding. The particular designation does not
affect the agreement's legal character.” 
 
o AS A BINDING FORCE 
 As a rule, treaties are only generally binding upon those States that are
parties to them or only between the parties who gave their consent thereto. 
 As exception, if the treaty contains (1) Jus Cogens, or (2) provisions
of customary international law. There may be instances where States that did
not give their consent appear to be bound to a treaty, such are situations wherein
that treaty embodied a jus cogens or the provisions thereof achieved the status
of customary international law. 
 
o AS TO MANNER OF CREATION - treaties may codify, cryztallize, or create
obligations 
 CODIFICATION – done where the treaty merely compiles existing
obligations to facilitate simplicity (e.g 1982 UNCLOS) 
 CRYSTALLIZATION – done to formalize as an obligation existing State
practice (e.g 1958 Geneva Continental Shelf Convention) 
 CREATION – done where the treaty itself is the first time wherein such
obligation was created between the parties (e.g bilateral agreements) 
 
o TYPE OF TREATIES 
1.LAW-MAKING TREATIES – those accepted by a number of states
( Diplomatic relations) 
 2.TREATY CONTRACTS – create special rights by operation of the principle of
pact sunt servanda 
o Treaties, just like domestic law, are governed by the rules on LEX POSTERIOR and
LEX SPECIALIS. 
 LEX POSTERIOR – a later treaty overrides prior treaty in case of
incompatibility. 
 LEX SPECIALIS – a more specific treaty should be followed if in conflict
with a more general treaty. 
o AS TO PARTIES – treaties may be bilateral or multilateral 
 BILATERAL TREATIES – are usually for the regulation of particular conduct
(e.g trade) 
o STAGES OF BILATERAL TREATY 
1. Negotiation 
2. Signing 
3. Ratification 
4. Exchange of notes – it is when it come to force. 
 MULTILATERAL TREATIES – general in nature 
 International Conventions and Treaties 
 Most abundant sources of PIL 
 Between parties of treaties, the stipulations constitute the law between them. ex: Vienna
Convention on the Law of Treaty 
 There is a distinction between law making treaties and treaty contracts 
 Law making treaties are generally those accepted by a number of states eg: 1961 Vienna
Convention on Diplomatic Relations 
 Treaty contracts create special rights by operation of the principle of pacta sunt servanda
which are akin to private law contractual rights 
 Treaties codify, define, interpret or abolish existing customary international law or create
new rules for future conduct 
 Through the negotiating process treaties push states towards custom and opinio juris 
 Treaties may become obsolete or partially obselete if customs or opinio juris change 
 Treaties only bind states that are signatories but states can bind themselves by declaring
themselves so bound 
 Once a rule of custom is identified it can be used against all states that do not protest to
the practice 
 Treaties 
 International conventions are generally referred to as treaties. 
 Treaties are written agreements between States that are governed by international law. 
 Treaties are referred to by different names, including agreements, conventions,
covenants, protocols and exchanges of notes.  
 Treaties can be: ~ Bilateral ~ Multilateral ~ Regional ~ Global 
 
 Entry into Force of a Treaty 
o Bilateral Treaties-most provide that once signed and documents exchanged, this
is enough to bring the treaty into effect 
o Multilateral-provide that the treaty will be adopted by a vote OR rules of
procedure may say that they must be adopted by way of consensus-depends on the
rules of negotiation decided by 
o Usually provide that signature alone is insufficient, treaty will only come into force
when  
o eg: X # of states have ratified or acceded to the convention 
 
 What status does the signature have? 
o symbolic—state intends at some time down the road to implement the treaty, it is
in favor of the treaty and some time later will bind itself 
 o Some have argued that once the treaty is signed, a state cannot do anything to
thwart the process 
 
 Treaties can come into force on 
o Ratification or upon a given period after ratification 
o Immediately or after signature 
o Exchange of notes—the date of the second note – Ratification by a given number
of states set out in the treaty (usually for multilateral treaties) 
o It is the intention to be bound that is crucial to determining the time of entry into
force 
o Treaties can be retroactive or else they can be provisional 
 
 Pacta sunt servanda 
o Every treaty in force is binding upon the parties to it and must be performed by
them in good faith. 
 
 Reservations to Treaty Obligations (Article 19: Vienna Convention) 
o Reservations—state may formulate a reservation unless: 
 Reservation is prohibited by the treaty 
 Treaty provides that reservations may be made only to particular
sections 
 Reservation is incompatible with the object and purpose of the treaty 
 Article 20: Where a treaty provides for reservations on certain sections, states do
not have to accede to the reservation. 
o Where the treaty constitutes an international organization, approval of the
organization is necessary for reservations 
a. acceptance by another state of the reservation means the treaty binds
those states 
b. objection to reservation does not preclude entry into force between the
parties as long as another contracting state accedes to the reservation, the
reservation is effective 
 Article 21: Legal Effects of Reservations 
o Reservation modifies the relationship to the extent of the reservation 
o Modifies the provisions to the same extent for another party in relations with the
reserving party 
o Reservation does not modify the relationship of other parties to the treaty 
o A state objecting to a reservation does not have to respect the provision to which
the reservation applies with regard to the reserving state. 
 
 In what way do the reservations modify the treaty obligations? 
o A unilateral statement made by a state when approving a treaty and assenting to
it in substance hereby it modifies the effect of the treaty on its state 
o Often has the effect of causing confusion because other states may not accept
the reservations—in League of Nations vote, reservations had to be approved by the
other acceding states 
o Only feasible in multilateral treaty obligation 
 
 Do reservations have to be approved by all states party? 
o Not necessarily but, if the reservations have the effect of nullifying the purpose of
the treaty, they will not be allowable 
o Certain treaties provide for no reservations whatsoever 
o Law of the Sea Convention in 1982 allowed for reservations but pin-pointed the
specific provisions on which reservations were allowable 
 
  Operation of Treaties: Amendment and Modification 
o A treaty can be amended by the mutual agreement of both parties and this can
be done by formally abrogating an old treaty or by inserting a clause in the new treaty
abrogating the old treaty 
o An amending agreement can only bind parties to the original agreement that
accept the amended agreement 
 Pacta sunt servanda 
 Every treaty in force is binding upon the parties to it and must be performed by them in
good faith. 
 Rebuc Sic Stantibus 
 Under this theory, the parties stipulate in the light of certain prevailing conditions, and
once these conditions cease to exist, the contract also ceases to exist.  
 In international law, a contracting state’s obligation under a treaty terminates when a vital
or fundamental change of circumstances occurs, thus allowing a state to unilaterally withdraw
from a treaty, because of the “disappearance of the foundation upon which it rests.” 
 Article 62 of the Vienna Convention - The change must be fundamental the parties
must not have foreseen the change of circumstances. In addition it must be a change that
would radically transform the obligations to be performed in the particular agreement.
Existence of set of circumstances must have been an essential basis on which the treaty was
entered into. 

 Vienna Convention Articles 

 Article 42: Validity and Continuance of Force of Treaties 
o Validity of the treaty can only be impeached, terminated, denounced or
withdrawn form, by resort to this convention. 
 Article 43: Obligations Imposed by International Law 
o Invalidation, denunciation, suspension of provisions does not impair an obligation
under other rules of international law 
 Article 46: Provisions of Internal Law Regarding Competance to Conclude Treaties 
o A state cannot breach a treaty by reason of technical requirements of internal
law. 
 Article 52: Coercion of a state by threat or use of force 
o A treaty procured by force or threats is null. 
 Article 53: Jus Cogens 
o A treaty is void if at the time of its conclusion it conflicts with a peremptory norm
of international law. 
o An open set of peremptory norms of international law that cannot be set aside by
treaty or acquiescence 
o If there is a norm or rule labelled jus cogens and the treaty conflicts with this, the
treaty is null to the extent of the conflict 
o These are general obligations owed to the international community as a whole 
o What are rules that fall into this category? Eg. (123) freedom of the high seas:
cannot divide control of the oceans in violation of this maxim, Article 2 of UN Charter:
Prohibitions on the Use of Force, pacta sunt servanda, many human rights laws 
o Torture is also a violation of international law jus cogens 
 
 Article 64: Emergence of a new peremptory norm 
o If a new jus cogens emerges, existing treaties in conflict are void. 
 
 Article 69: Provisions of a treaty voided are of no force, if acts have been
performed in reliance on it 
a. A party may require another party to establish the position it would have
been in otherwise  
 b. Acts performed in good faith prior to invocation of invalidity are not
unlawful 
 
 
 Conclusion of a Treaty 
o Representative of the state must have full powers to give consent of its state. 
o The mode of adoption of the treaty must be agreed upon (ie: consensus or
majority) 
o The means to authenticate the treaty in different languages must be agreed
upon. 
o Steps to assent to the treaty must be set out. 
o Generally, heads of state then take whatever steps are required in order to ratify. 
o At the end of negotiation there is usually a signing ceremony but this is a
signature to adopt the text and not to be bound. 
o The official signing takes place at a later date. 
o If a state has not acceded to the adoption of the text they may still accede to the
treaty before it is officially signed. 
o A State expresses its consent to be bound by the provisions of a treaty when it
deposits an instrument of accession or ratification to the official depository of the
treaty. 
o If a State is a signatory to an international convention it sends an instrument of
ratification. 
o If a State is not a signatory to an international convention but decides to become
a party, it sends an instrument of accession. 
 
 Derogation 
o Derogation is the partial revocation of a law, as opposed to abrogation or the
total abolition of a law.   
o Some treaties allow states to derogate, temporarily from some of their
obligations.  
o In time of public emergency threatening the life of the nation, when it is officially
proclaimed, State parties to present covenants make take measures to derogate their
obligations to the extent strictly required by the exigencies of the situation. 
 
 REQUISITES FOR VALID DEROGATION 
1. Presence of war or public emergency 
2. Officially proclaimed 
3. Proportional 
4. Consistent 
5. Non-discriminatory 
 
 NON DEROGABLE RIGHTS 
o Right to Life 
o Right against slavery 
o Right as a person before the law 
o Right against torture, cruel, inhuman or degrading punishment 
o Right to freedom of thought, conscience or religion 
o Right to habeas corpus 
 
 DENUNCIATION 
o Withdrawal from a treaty by a State party. 
o Article 54 of the Vienna Convention: Termination of or withdrawal from a treaty
under its provisions or by consent of the parties 
 o The termination of a treaty or the withdrawal of a party may take place: (a) in
conformity with the provisions of the treaty; or (b) at any time by consent of all the
parties after consultation with the other contracting States. 
 
 Article 55: Reduction of the parties to a multilateral treaty below the number
necessary for its entry into force. 
o Unless the treaty otherwise provides, a multilateral treaty does not terminate by
reason only of the fact that the number of the parties falls below the number
necessary for its entry into force. 
 
 Article 56: Denunciation of or withdrawal from a treaty containing no provision
regarding termination, denunciation or withdrawal 
1. A treaty which contains no provision regarding its termination and which
does not provide for denunciation or withdrawal is not subject to denunciation or
withdrawal unless: 
a. it is established that the parties intended to admit the possibility
of denunciation or withdrawal; or 
b. a right of denunciation or withdrawal may be implied by the
nature of the treaty. 
2. A party shall give not less than twelve months' notice of its intention to
denounce or withdraw from a treaty under paragraph 1. 
 
 Principle of Jus Cogens 
o JUS COGENS is defined as that part of customary international law which has the
status of a peremptory (absolute, uncompromising, certain) norm of international law.  
o Peremptory norms of general international law 
o A PEREMPTORY NORM is a norm accepted and recognized by the international
community of States as a rule, from which no derogation is permitted and which can be
modified only by a subsequent norm having the same character. 
o Article 53 of Vienna Convention on the Law of Treaties (VCLT). A treaty is void if
it comes in conflict with a peremptory norm of international law. If a new peremptory norm
emerges, al treaties in conflict with it are rendered void. The States cannot evade their
jus cogens obligations by creating a treaty or pointing to one already in existence. 
o Examples of jus cogens are: genocide, slavery, aggression (Nicaragua case,
1986) and torture (Furundzija case, 2002) 
 Erga Omnes 
o Where there are applicable rules that are jus cogens, all states are interested
parties so any state can protest or make a claim against another state that violates the
norm. 
o Concept concerns the scope of application of the relevant rule, that is the
extent to which states as a generality may be subject to the rule in question and may be
seen as having a legal interest in the matter. 
o Peremptory norms of general international law (jus cogens) give rise to
obligations owed to the international community as a whole (obligations erga
omnes), in which all States have a legal interest. 
o It has primarily a procedural focus.  
o The International Court stated in the Barcelona Traction case that there existed
an essential distinction between the obligations of a state towards the international
community as a whole and those arising vis-a-vis another state in the field of diplomatic
protection.  
o By their very nature, ERGA OMNES concerned all states and ‘all states can be held
to have a legal interest in their protection; they are obligations erga omnes’.  
o Examples of such obligations included the outlawing of aggression and of
genocide and the protection from slavery and racial discrimination. To this one may add
 the prohibition of torture. Further, the International Court in the East Timor case stressed
that the right of peoples to self-determination ‘has an erga omnes character’. 
o in the Genocide Convention (Bosnia v. Serbia) case that ‘the rights and
obligations enshrined in the Convention are rights and obligations erga omnes’ 
o Non-derogable rights 
  Distinction of Erga Omnes and Jus Cogens 
o While there may be significant overlap between obligation serga omnes or rules
of jus cogens in terms of the content of rules to which they relate, there is a difference in
nature. 
o JUS COGENS refers to norms, while ERGA OMNES refers to obligations. 
o ERGA OMNES is procedural; JUS COGENS is substantive (higher status than the
former). 
o ERGA OMNES concerns the scope of application of the relevant rule, that is the
extent to which states as a generality may be subject to the rule in question and may be
seen as having a legal interest in the matter. RULES OF JUS COGENS, on the other hand,
are substantive rules recognised to be of a higher status as such.  
 International Custom 
o As evidence of a general practice accepted as binding law through persistent
usage over a long period of time (e.g angary, exemption of unarmed fishing vessel from
capture) 
o The State alleging the existence of a rule of customary law has the burden of
proving its existence by showing a consistent and virtually uniform practice among
States, including those States specially affected by the rule or having the greatest interest
in the matter. 
o Custom exists when there is a clear and continuous habits of doing certain things
develop under the conviction that it is obligatory and right. 
o International Court of Justice held that customary rule must be based on
“constant and uniform usage.” 
o „(…) not only must the acts concerned amount to a settle practice, but they must
also be such, or be carried out in such a way, as to be evidence of a belief that this
practice is rendered obligatory by the existence of a rule of law requiring it (...) The States
concerned must therefore feel that they are conforming to what amounts to a legal
obligation.” North Sea Continental Shelf case – ICJ, 1969 
o CUSTOMARY INTERNATIONAL LAW is not a written source but is one based on the
state practice throughout time due to the belief that the state is required to act in a certain
way. It bases itself on the idea: the way things have always been done become the way
things must be done.” (Hugh 2003) 
o It is necessary that the custom be (1) prevailing practice by a number of States,
(2) repeated over a considerable period of time, and (3) attended by opinion juris or a
sense of legal obligation.  
o A custom is a constant and uniform usage, accepted as law. 
o Custom may be general or regional. 
 Rules of Custom are created by: 
 Actual state practice-must be consistent, general and virtually uniformly adopted 
 Opinio juris—legal obligations where a state has acceded in a practice for a substantial
period of time without protest 
 General principles of law recognized by civilized nations 
 ICJ does not follow stare decisis but they use judicial decisions for comparative analysis
to interpret treaties, identify state customs and judicial opinions 
 If the parties have agreed to a set of rules to go to an arbitrator, such an arbitrator can
decide the rules based upon principles of justice and fairness 
 Where there is a treaty, it governs 
 Where there is none, custom governs 
 Where there is one treaty state and one non treaty state, custom governs 
  
 General Customary Law 
 There must be a consistent and general international practice among states 
 The practice must be accepted as law by the international community 
 Subjective element of acceptance is called opinio juris 
 
 What evidence can be admissible to identify general practices? 
 Anything that demonstrates intentions 
 The unilateral acts of states are influential in generating customary rules of international
law especially when duplicated by other states 
 
 ELEMENTS: 
1. STATE PRACTICE / USUS ( how states behave, what they say and do) 
2. OPINIO JURIS (what they believe to be required by law) 
 
 STATE PRACTICE 
o State practice consists not only of what States say or do but also of what they fail
to say or do. 
o State practice must be extensive and virtually uniform and there must be a
general recognition that a rule of law is involved (ie: an opinio juris) 
 
o Two Conditions: 
1. Not only must acts concerned amount to settled practice 
2. They must also be such or be carried out in such a way as to be
evidence of a belief that this practice is rendered obligatory by existence of a rule
of law requiring it ie. opinio juris 
a. States concerned must feel that they are conforming to what
amounts to a legal obligation 
b. Frequency or habitual character of acts itself is not in itself
enough 
 
o Treaty is good evidence of state practice and opinio juris even though it is not
binding on a state who is not a party to treaty 
o A party even though it may agree that have customary rule on point, may say
that it’s not binding on them if persistently object but if only object subsequent to a
dispute arising, then rule still binding 
o ELEMENTS:  
1. UNIFORMITY – in Nicaragua case (1986), although uniformity is required,
absolute uniformity by all States is not. As such, substantial uniformity of a
given practice among States is enough. In North Sea Continental Shelf Case
1969, actual uniformity is not required provided that the practices of the
States are extensive and virtually uniform with one another. 
2. GENERALITY – given that a custom can be either general or regional, the
practice under consideration must be widespread among the States that are
particularly involved in the relevant activity. Thus, universality of a given
practice is not a requirement (Asylum Case). 
3. DURATION – In North Sea Continental Shelf Case 1969, a length of time
must take place before a practice can crystallize into State practice,
regardless of how short, within which the other elements of uniformity and
generality are showed to exist. 
o IS THERE AN INSTANT CUSTOM? Scholars are arguing that there exist an instant
custom (e.g. 9/11 terrorist attacks). 
 OPINIO JURIS 
 in Lotus Case, opinio juris constitutes a State’s belief that it is acting due to a
legal obligation.  
  Opinio juris is never presumed, it must always be proven. 
 a belief by states that their practice is legally required by the norm. They must
follow the practice because of this belief rather than because of the demands of courtesy,
reciprocity, comity, morality, or simple political expediency. 
 
 LEGAL CONUNDRUM 
o custom can only arise once both elements (state practice and opinio juris)
concur. 
 
 PERSISTENT OBJECTOR (AS EXCEPTION) 
 The mere existence of a custom may not necessarily be enough to bind States,
particularly those who qualify as persistent objectors. 
 
 In Anglo-Norwegian Fisheries Case (1951), a persistent objector is one who
objects to the practice from the early stages of the practice and maintains the said
objection consistently. 
 
 Exception to Persistent Objector: JUS COGENS. A State cannot claim to be a
persistent objector when the practice being objected to has already attained the status of
jus cogens. 
 
 
o ABSENCE OF PROTEST OF OTHER STATES - unilateral declaration designed
to object to an act or action performer by another State. 
o ACQUIESCENCE BY OTHER STATES - equivalent to tacit recognition
manifestet by unilateral conduct which the other party may interpret as consent’ and as
found upon the principles of good faith and equtiy” • Gulf of Maine Case, 1984 
 CODIFICATION OF CUSTOMARY NORMS  
o DECLARATORY EFFECT – international agreement codifies or restates an
existing customary rule. 
o CRYSTALLIZING EFFECT – international agreement brings to maturity an
emerging customary rule, that is a rule that was still in the formative stage (in statu
nascendi) 
o GENERATING EFFECT – international agreement materializes whenever a
treaty provision creating new law sets in motion a process whereby it gradually brings
about, or contributes to, the formation of a corresponding customary rule 
 COLLISION OF CUSTOMARY AND TREATY’S NORMS 
o LEX POSTERIOR DEROGAT PRIORI - more recent law prevails over (abrogrates,
overrrules, trumps) an inconsistent earlier law. 
1. both customary and treaty sources of law exist 
2. these two sources cannot be construed consistently 
o LEX SPECIALIS DEROGAT GENERALI - specific law prevails over (abrogrates,
overrrules, trumps) general law. 
1. Both customary and treaty sources of law exist 
2. these two sources cannot be construed consistently 
o ASYLUM CASE (COLOMBIA V. PERU) - In this case, the ICJ held that “Where a local
or regional custom is alleged, it is the duty of the proponent to prove that this custom is
established in such a manner that it has become binding on the other party.”
Furthermore, the case abides by the principle that “custom is created and becomes
binding if it is in accordance with a constant and uniform usage practiced by the States
in question.” There should be evidence as to the existence of such practice.  
o The Party which relies on a custom of this kind must prove that this custom is
established in such a manner that it has become binding on the other Party… (that) it is
in accordance with a (1) constant and uniform usage (2) practiced by the States in
question, and that this usage is (3) the expression of a right appertaining to the State
granting asylum (Columbia) and (4) a duty incumbent on the territorial State (in this case,
Peru). This follows from Article 38 of the Statute of the Court, which refers to international
custom “as evidence of a general practice accepted as law.” 
o NORTH SEA CONTINENTAL SHELF CASES (FEDERAL REPUBLIC OF GERMANY V.
DENMARK AND THE NETHERLANDS) -  These cases had established the fact that in order
for a custom to become law, state practice itself will not be sufficient, opinio juris should
also be proved. The ratio sets forward that even though there may be state practices, it
could be practices followed by states as means of “courtesy, convenience or tradition,
and not by any sense of legal duty.” Therefore, opinio juris should be established.  
o Furthermore, the concept of Instant Customary Law was also thrown light
thorough this authoritative case. The ICJ expressly accepted the possibility that a wide
spread and representative practice could generate a rule of customary international law
even without the passage of any considerable period of time. This is referred to as instant
customary law. 
o Not only must the acts concerned amount to a settled practice, but they must
also be such, or be carried out in such a way, as to be evidence of a belief that this
practice is rendered obligatory by the existence of a rule of law requiring it. The need for
such a belief, i.e, the existence of a subjective element, is implicit in the very notion of the
opinio juris sive necessitatis. The States concerned must therefore feel that they are
conforming to what amounts to a legal obligation. The frequency, or even habitual
character of the acts is not in itself enough. There are many international acts, e.g., in the
field of ceremonial and protocol, which are performed almost invariably, but which are
motivated only by considerations of courtesy, convenience or tradition, and not by any
sense of legal duty. 
o Although the passage of only a short period of time is not necessarily . . . a bar to
the formation of a new rule of customary international law on the basis of what was
originally a purely conventional rule, an indispensable requirement would be that within
the period in question, short though it might be, State practice, including that of States
whose interests are specially affected, should have been both extensive and virtually
uniform in the sense of the provision invoked;—and should moreover have occurred in
such a way as to show a general recognition that a rule of law or legal obligation is
involved.” 
o ADVISORY OPINION ON THE USE OF NUCLEAR WEAPONS (1996) - It was held by the
court that “No rule can be created on opinio juris without state practice.” 
o LOTUS CASE (FRANCE V. TURKEY) - It was held in this case that “a new rule of
customary international law cannot be created unless both these elements as discussed
are present,”. 
o The Lotus case gives an important dictum on creating customary international
law. France alleged that jurisdictional questions on collision cases are rarely heard in
criminal cases because States tend to prosecute only before the flag State. France
argued that this absence of prosecutions points to a positive rule in customary law on
collisions. The Court held that this “…would merely show that States had often, in
practice, abstained from instituting criminal proceedings, and not that they recognized
themselves as being obliged to do so; for only if such abstention were based on their
being conscious of having a duty to abstain would it be possible to speak of an
international custom. The alleged fact does not allow one to infer that States have been
conscious of having such a duty; on the other hand, as will presently be seen, there are
other circumstances calculated to show that the contrary is true.” In other words, opinio
juris is reflected in acts of States (Nicaragua Case) or in omissions (Lotus case) in so far
as those acts or omissions are done following a belief that the said State is obligated by
law to act or refrain from acting in a particular way.” 
o NICARAGUA V. UNITED STATES OF AMERICA (1986) - “In order to deduce the
existence of customary rules the court deems it sufficient that the conduct of the states in
general should be consistent with such a rule and that instances of state conduct
inconsistent with a given rule should have been treated as breach of that rule as
 indication of the recognition of a new rule.” Furthermore, regarding state practice, the
court held that “it was not necessary that the practice in question had to be in absolutely
rigorous conformity‟ with the purported customary rule. 
o CENTRAL GOLD MINING COMPANY LTD V. R - “The court ruled that for a valid
international custom it is necessary that it should be proved by satisfactory evidence that
the custom is of such nature that it has received general consent of the states and no
civilized state shall oppose it” Both opinio juris and state practice should be proved. 
 General Principles of Law 
o Recognized by civilized nations 
o Ex: Res judicata, prescriptions, due process, law of nature, estoppel, ex aequo et
bono (fair and equity). 
o These are rules derived mainly from NATURAL LAW, observed and recognized by
civilized nations.  
o Examples: res judicata, prescription, pacta sunt servanda, estoppel,
circumstantial evidence, jurisdiction, principle of equity, ex aequo et bono (what is good
and just) 
o General principles of law are propositions of law that are so fundamental that
they are found in almost all legal systems. 
o It is a separate source of law from both treaty and custom. 
 Hierarchy of Norms 
1. Peremptory norms or principles of jus cogens 
2. In the event of a conflict between the obligations of members under the Charter 
a. the Charter obligations prevail over conflicting obligations in all other
international agreements. 
 
 Conflict between Treaty and Custom 
o Generally, treaties and custom are of equal authority in international law and
should be considered both binding even if they cover the same issue (Wimbledon, 1923) 
o However, in practice, if there is a conflict between a treaty and a custom, the
treaty would said to prevail. 
o As exception to exception: if the custom involved is jus cogens, the custom
prevails. 
 Judicial Decisions 
o Generally of international tribunals, the most authoritative being the International
Court of Justice. 
o Binding effect:  The decision of the Court has no binding force except between
the parties and in respect of that particular case. (Article 59) 
 Soft laws 
o Other possible sources although not mentioned under Article 38. 
o Soft laws are mere guidelines for conduct. 
o With regards to the Philippines, these are not considered as binding. 
o In the Pharmaceutical and Health Care Association of the Philippines v. Duque,
the Supreme Court ruled that although soft laws can influence the behavior of States,
they are still considered as non-binding norms, principles and practices. 
o HARD LAW - binding rules of international law. 
o SOFT LAW - non-binding norms, principles, and practices that influence state
behavior. 
 
IV. JURISDICTION OF STATES 
 Principles of Jurisdiction 
 The concept of jurisdiction refers to the power of a State to prescribe and enforce criminal
and regulatory laws and is ordinarily based on the territorial principle, under which a State
has jurisdiction over activities within its territory. 
  States can also claim jurisdiction based upon the nationality principle by extending
jurisdiction over their nationals even when they are outside the territory. 
 
 Protective Principle 
 A State asserts jurisdiction over acts committed outside their territory that are prejudicial
to its security, such as treason, espionage, and certain economic and immigration offences. 
 
 Passive Personality Principle 
 Establishes jurisdiction based on the nationality of the victim. 
 
 “Flag State” or State of Registration 
 The general principle is that ships on the high seas are subject to the exclusive
jurisdiction of the flag State, and cannot be boarded without its express consent. 
 
 Immunities from Jurisdiction 
 The principle of sovereign equality of States requires that the official representatives of
one State should not be subject to the jurisdiction of another State. 
 The principle of State immunity or sovereign immunity provides that foreign sovereigns
enjoy immunity from the jurisdiction of other States. 
 The principle of diplomatic immunity provides that the diplomatic agents of the sending
State have complete immunity from the criminal jurisdiction of the receiving State. 
V. STATUS OF THE SEAS, OUTER SPACE AND ANTARCTICA 
 
 High Seas 
 No State may purport to assert sovereignty over any part of the high seas. 
 All ll States have the right to exercise the freedoms of the seas, including freedoms of
navigation, freedom of overflight, freedom to lay submarine cables and pipelines, and
freedom to conduct marine scientific research. – Freedom of the seas also includes the right
of all States to use the high seas for military purposes, including weapons testing and naval
exercises. 
 
 Exclusive Economic Zone 
 Coastal States are permitted to claim an exclusive economic zone (EEZ) of up to 200
nautical miles from the baselines from which the territorial sea is measured wherein they
have the sovereign right to explore and exploit the natural resources of the sea and of the
seabed and subsoil. 
 The EEZ is neither under the sovereignty of the coastal State nor part of the high seas. 
 Deep Seabed beyond the limits of national jurisdiction 
 No State may claim or exercise sovereignty or sovereign rights over any part of this area
or its resources and it is governed by the International Sea Bed Authority (ISBA). 
 No State or natural or juridical person may appropriate any part of the area or its
resources except under the authority of the ISBA. 
 
 Outer Space 
 No State may purport to assert sovereignty over any part of outer space. 
 All States have the freedom to use outer space for peaceful purposes. 
 States on whose registry a space object is launched shall retain jurisdiction and control
over the space object and over any persons on board the space object. 
 
 Antarctica 
 The Antarctic Treaty “froze” the claims of the seven claimant States, and stated that no
new claims to sovereignty would be made. 
 Antarctica should be used only for peaceful purposes. 
  The Antarctic Treaty permits States parties to conduct scientific research in Antarctica
and its provisions are generally respected by non-party States as customary law. 
 
 PRINCIPLES GOVERNING RELATIONS BETWEEN STATE 
1. States shall refrain 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 Nation 
2. Pacific settlement of disputes 
3. Non-intervention in matters within the domestic jurisdiction of any State, in accordance
with the Charter 
4. Co-operation with one another in accordance with the Charter 
5. Equal rights and self-determination of peoples 
6. Sovereign equality of States 
7. States shall fulfil in good faith the obligations assumed by them in accordance with the
Charter. 
 RESPONSIBILITY OF STATES FOR WRONGFUL ACTS 
 States are responsible to other States for their internationally wrongful acts. 
 A State commits internationally wrongful act when conduct consisting of an act or
omissions: 
a. Is attributable to the State under international law; and 
b. Constitutes a breach of an international obligation owed by that State to the
injured State or the international community. 
 
 JURISDICTION OF THE ICJ 
o The States parties to a dispute may enter into an ad hoc agreement to refer a
particular legal dispute to the court. 
o States can submit an “optional clause declaration” to the UN Secretary-General
declaring that they accept the jurisdiction of the ICJ over certain categories of disputes
with other States which have also filed an optional clause declaration. 
o Many international conventions contain dispute settlement clauses called
“compromissory clauses” allowing disputes between States parties to the convention to
refer disputes concerning the interpretation or application of provisions of that convention
to the ICJ by one of the parties to the dispute. 
VI. NATIONAL LAW AND INTERNATIONAL LAW 
 
 DUALISM v. MONISM 
 
DUALISM 
 The dualist approach views international and national law as two separate systems that
exist independently of one another. 
 This theory is based upon the assumption that international law and municipal legal
systems constitute two distinct and formally separate categories of legal orders because they
differ as to their sources, the relations they regulate and their legal content. 
 These two systems are seen to be firmly independent from one another, as neither can
claim supremacy. 
 Where international law is incorporated into national law by the state, this is seen as an
exercise of authority by the state, rather than international law imposing itself into the
domestic sphere. 
 If a national court in a dualist state is considering a case and there is a conflict between
international and national law, the court would apply the domestic law. 
 
MONISM 
 The monist theory, developed by Kelsen, asserts that there is a relationship between
national and international law, with international law being supreme. 
  Monists argue that as law ultimately regulates the conduct of individuals, there is a
commonality between international and national law which both ultimately regulate the
conduct of the individual. 
 Each system is a manifestation of a single conception of law 
 
 Should national law or international law apply in such a dispute? 
o Applying a dualist approach, domestic law would apply. 
o Applying a monist approach, international law should prevail. 
 ALTERNATIVE APPROACH 
 An alternative theory to monism and dualism has been advanced by Fitzmaurice and
Rosseau. 
 They argue that international law and national law lack a common field of operation,
never operating within the same sphere, or dealing with the same subject matter. They do not
come into conflict as systems. 
 Each system is supreme in its own field, and neither has a hegemony over the
other’. 
 
 INTERNATIONAL LAW IS SUPREME IN ITS DOMAIN 
 Breaches of international law cannot be justified by reference to a state’s own internal
laws. 
 A state cannot legitimately argue that it has behaved in a manner contrary to international
law because its conduct was permissible, or even required, under its own law. 
 International law, from the perspective of international courts, tribunals and arbitral
bodies, is supreme 
 It is a generally accepted principle of international law that in the relations powers who
are contracting parties to a treaty, the provisions of municipal law cannot prevail over those of
the treaty. (The International Court of Justice on the Greco-Bulgarian Communities Advisory
Opinion) 
 A party may not invoke the provisions of its internal law as justification for its failure to
perform a treaty (Article 27 of the Vienna Convention on the Law of Treaties) 
 
 APPLICATION OF NATIONAL LAW  IN INTERNATIONAL LAW  
 As a corollary, the fact that an act may be illegal in national law does not necessarily
mean it is in breach of international law. 
 However, this does not mean that there is no role for national law within the international
sphere. 
 Expressions of the supremacy of international law over municipal law in international
tribunals do not mean that the provisions of domestic legislation are either irrelevant or
unnecessary. On the contrary, the role of internal legal rules is vital to the workings of the
international legal machine. (Shaw) 
 From a practical perspective, there are a number of reasons why international courts
utilize national law 
o If there is a dispute relating to an area where no satisfactory international law
exists, and there exists a well-developed and relevant principle at the national level,
the court may choose to use that principle. 
o The court may also use a state’s law in an evidentiary sense, to determine the
state’s internal legal position on a disputed issue before the court. 
o Reference to the national laws of states can, given consistency and breadth of
practice,  
 give rise to a general principal of international law, or  
 act as evidence of state practice in the determination of customary
international law. 
 
 UNITED NATIONS OF HUMAN RIGHTS COUNCIL (UNHRC) 
  The Council exists to encourage domestic compliance with the provisions of the of the
International Covenant on Civil and Political Rights (ICCPR) 
 The Council is made up of independent human rights experts, and is granted a number of
powers to assist it in the task of encouraging compliance with human rights. 
 The Council requires parties to the ICCPR to submit regular reports on the
implementation of the Convention in their state, a complaints process, and the ability to make
recommendations to the relevant state. 
 The Council has the power of universal periodic review, which allows for the review of all
of the UN Member States in four-year cycles, which means that 48 states are reviewed every
year. 
 The Council’s findings and recommendations are not binding and in many countries it has
enjoyed limited effectiveness. 
 
 WORLD TRADE ORGANIZATION (WTO) 
 The WTO was designed as the world’s first global international trade organization, with
149 members. 
 The WTO has an extensive process for resolving disputes between states, through the
Dispute Settlement Understanding (DSU) 
 The DSU is a powerful dispute resolution tool, as it establishes compulsory and binding
procedures applicable to all members, thus ensuring that their international obligations
accrued through the WTO are enforceable. 
 There is a complex and detailed procedure for the resolution of disputes, eventually
leading to recommendations made by the panel or that decides the dispute, which generally
takes the form of compensation. 
 If the penalized party fails to comply with these recommendations, an application may be
made to request the suspension of various concessions or other obligations that the party
may have, in principle in the same trade sector in which the violation took place. 
 
 INTERNATIONAL CRIMINAL COURT 
 History… Numerberg Court 
The Court   
 An International Criminal Court ("the Court") is hereby established. It shall be a
permanent institution and shall have the power to exercise its jurisdiction over persons for the
most serious crimes of international concern, as referred to in this Statute, and shall be
complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court
shall be governed by the provisions of this Statute. 
Jurisdiction 
 The Court may exercise jurisdiction in a situation where genocide, crimes against
humanity or war crimes were committed on or after 1 July 2002 and: 
o the crimes were committed by a State Party national, or in the territory of a State
Party, or in a State that has accepted the jurisdiction of the Court; or 
o the crimes were referred to the ICC Prosecutor by the United Nations Security
Council (UNSC) pursuant to a resolution adopted under chapter VII of the UN
charter. 
 Genocide  -  means any of the following acts committed with intent to destroy, in whole
or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the
group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately
inflicting on the group conditions of life calculated to bring about its physical destruction in
whole or in part; (d) Imposing measures intended to prevent births within the group; (e)
Forcibly transferring children of the group to another group. 
 Crimes against humanity -  any of the following acts when committed as part of a
widespread or systematic attack directed against any civilian population, with knowledge of
the attack: (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer
of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of
fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced
 prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of
comparable gravity; (h) Persecution against any identifiable group or collectivity on political,
racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds
that are universally recognized as impermissible under international law, in connection with
any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i)
Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a
similar character intentionally causing great suffering, or serious injury to body or to mental or
physical health. 
 War Crimes - The Court shall have jurisdiction in respect of war crimes in particular
when committed as part of a plan or policy or as part of a large-scale commission of such
crimes. 
 Crimes of Aggression - means the planning, preparation, initiation or execution, by a
person in a position effectively to exercise control over or to direct the political or military
action of a State, of an act of aggression which, by its character, gravity and scale,
constitutes a manifest violation of the Charter of the United Nations. 
 
Crimes within the jurisdiction of the Court   
 The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes: (a) The crime of genocide; (b) Crimes against
humanity; (c) War crimes; (d) The crime of aggression 
 
 TRANSFORMATION v. INCORPORATION 
 
TRANSFORMATION 
 The principle of transformation provides that before international law can become
part of a state’s national law, the state must implement legislation to transform, or
implement, the international law into national law. 
 Transformation is the dominant approach among states in relation to treaty law,
which is generally transformed through an Act of Parliament. 
 
 Manner 
1. A legislative Act setting out all of the relevant treaty provisions within
the Act itself, which then becomes part of the domestic law. 
2. The legislative Act simply acknowledges that the treaty is to become
part of the domestic law, without setting out the treaty provisions within the Act
itself, but instead annexing the treaty as a schedule. Once the treaty is
transformed, it becomes a part of the state’s domestic law. 
 
 Two modes in the 1987 Constitution 
o SECTION 21, Article VII (Executive Department). No treaty or
international agreement shall be valid and effective unless concurred in by at
least two-thirds of all the Members of the Senate. 
o SECTION 25, Article XVIII (Transitory Provisions). After the expiration
in 1991 of the Agreement between the Republic of the Philippines and the United
States of America concerning Military Bases, foreign military bases, troops, or
facilities shall not be allowed in the Philippines except under a treaty duly
concurred in by the Senate and, when the Congress so requires, ratified by a
majority of the votes cast by the people in a national referendum held for that
purpose, and recognized as a treaty by the other contracting State. 
 
INCORPORATION 
 The doctrine of incorporation is based on the principle that, in the absence of
conflicting domestic legislation, international law should automatically become part of a
 state’s law without any need for a specific Act to be passed ‘transforming’ the
international law into national law. 
 The incorporation doctrine can be described as the dominant doctrine in relation
to customary international law, although the ‘pure’ concept of incorporation is altered,
and in some cases heavily modified, in the context of each individual state. 
 The incorporation doctrine is traditionally only employed in relation to customary
international law, not treaty law. 
 The reason for this is that generally the power to negotiate and enter into treaties
is given to a state’s executive, not its legislature. 
 In the absence of a transformation requirement, the executive could enter into or
exit treaties, with all the obligations these actions would entail and without any input from
the legislature. 
 These treaties would then be automatically incorporated into the state’s national
law, bypassing the legislature almost entirely. 
 An important qualification to the incorporation doctrine is that international law
generally only applies insofar as it is not inconsistent with domestic legislation. 
 In those areas where the state’s domestic law and international law are
predominantly in accord it will be the state’s domestic law that would take precedence in
any dispute between the two areas of law (assuming the absence of any incorporating
legislation by the state) 
 
 Incorporation Clause in 1987 Constitution 
o Section 2. Article II (Declaration of Polices). The Philippines
renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and
adheres to the policy of peace, equality, justice, freedom, cooperation, and amity
with all nations. 
 
 The Alien Tort Statute (US) 
 This statute provides that the district courts shall have original jurisdiction of any
civil action by an alien for a tort only, committed in violation of the law of nations. 
 The Act allows for non-nationals to bring an action for a tort committed against
them in violation of international law, even outside the jurisdiction of the US. 
 In Filartiga v Peña-Irala Case, a case came before the US Court of Appeals for
the Second Circuit involving an action brought by Paraguayans against a fellow
Paraguayan for the torture and death of the plaintiff’s son. The Court held that torture
constituted a violation of the law of nations, as a breach of customary international law,
and was thus actionable under the Alien Torts Claims Act. 
 In Kadić v Karadžić Case, the US Court of Appeals for the Second Circuit held
that the Act applied to genocide and war crimes committed by Karadžić as a state actor.  
 In Sosa v Alvarez-Machain Case, it was held that the Alien Torts Claims Act did
not create new causes of action, and was restricted only to violations of the laws of
nations that existed at the time the Act came into effect. 
VII. PERSONALITY AND RECOGNITION 
 STATES 
o A community which consists of a territory and a population subject to an organized
political authority… such a state is characterized by sovereignty. 
 
FOUR MAIN CRITERIA FOR STATEHOOD OF THE MONTIVIDEO CONVENTION 
1. A permanent population 
2. A defined territory 
3. A government 
4. The capacity to enter into relations with other states 
 
 o All four must be present. 
 
 SOVEREIGNTY 
o It is the principle of the exclusive competence of the state with regard to its own territory. 
 
 PERMANENT POPULATION 
o A stable community 
o The people must have the intention to inhabit a specific territory on a permanent basis 
o There is no requirement as to the size of the population 
 
 TERRITORY 
o Exclusive control must be exercised over a certain portion of territory 
 
 GOVERNMENT 
o A state-entity must have a central government operating as a political body within the alw
of the land and in effective control of the territory. 
o An effective government must be sovereign and independent so that within its territory it
is not subject to the authority of another state. 
o Self-sufficient and self-reliant. 
 
 CAPACITY TO ENTER INTO LEGAL RELATIONS 
o Primarily concerned with the emergent entity having the relevant political and legal
machinery with which to engage in the complex sphere of international relations. 
o The critical consideration attaching to this criterion is one of the capacity to act
independently in international legal relations, rather than proof of action. 
 
 RECOGNITION 
o Used mainly in connection with the recognition by existing states of new states, of new
heads of government of existing states, and of belligerent communities. 
o It is frequently been sought by both (1) new state entities seeking admission to the family
of nations as well as from (2) states that have acquired, by occupation or annexation, some
new piece of territory in the belief that the grant of recognition by important states will
strengthen its titles over the newly acquired territory. 
 
o LEGAL RECOGNITION is the ability to confer legitimacy and make it a subject of
international law. The legal status of state as a state is intimately tied to the willingness of
other states to recognize and deal with it. 
 
o POLITICAL RECOGNITION occurs where a recognizing state or government expresses
a willingness to enter into political and other relations with the recognized state or
government. 
 A political act of recognition is “declaratory” in the sense that it is an act without
legal consequences. 
 Existing states are only empowered, not obligated, to perform the act of
recognition. 
 Refusal to recognize the existence of a new state is not a violation of
international law and is often used as a persuasive political tool. 
 
STIMSON DOCTRINE OF NON-RECOGNITION 
o Non-recognition occurs when the international community is faced with breaches of
international alw by one of its members. 
o The Stimson doctrine of non-recognition arises when the conduct of a state becomes so
objectionable that a severe diplomatic response is considered necessary. 
 o Non-recognition affects commercial treaties, extradition treaties, diplomatic protection,
protection of industrial, literary and artistic property, etc. 
o Non-recognition must be distinguished from cases where recognition is withheld for legal
reasons. 
 
DECLARATORY THEORY OF RECOGNITION 
o The declaratory theory of recognition treats recognition as a mere political or symbolic
act, with no legal ramifications. 
o To proponent of this theory, statehood can be achieved without recognition on from other
pre-existing states. 
o The establishment of statehood in international law is regarded as a question of fact. 
o Any decision to recognize a newly emerging state is merely an acknowledgement that the
state has already satisfied the requisite criteria of statehood. The state in question does not
await for the recognition. 
 
CONSTITUTIVE THEORY OF RECOGNITION 
o Recognition on by existing states is a fundamental precondition for the attainment of
statehood for a newly emerging state. 
o Statehood, as a legal status, springs from the act of recognition on itself. 
o Constitutive theory reflects the legal system itself determining its own subjects with
certainty 
o One consequence of the constitutive theory is that the legal status of statehood is
inherently relative in character. 
o The existence of a state is not absolute: a “state exists only in its relations to other
states”. It is the legal act of recognition from existing states that enables the new state to exist
on the international legal plane. 
 
DE FACTO v. DE JURE RECOGNITION 
 
o De jure recognition is final. 
o De facto recognition is only provisional and may be withdrawn. 
 
 PRINCIPLE OF TERRITORIAL SOVEREIGNTY 
o The relationship between the state and the physical area it encompasses and the
framework within which the public power is exercised. 
o It constitute the scope of state jurisdiction, to the end that within its territory, a state
exercises its supreme, and normally exclusive, authority. 
 
TITLE TO TERRITORY 
o Refers to the vestitive facts which the law recognizes as creating a right. 
 
DOCTRINE OF INTERTEMPORAL LAW 
o It demands that a state’s title to territory be judged in the context of the law of the time. 
o A juridical fact must be appreciated in the light of the law contemporary with it, and not of
the alw in force at the time such a dispute in regard of it arises or falls to be settled. 
 
MODES OF ACQUISITION OF TERRITORY 
 
1. ACCRETION 
 Accretion, erosion, and avulsion (the abandonment of a river channel and the
formation of a new channel) refer to the natural geological processes that result in an
increase or decrease in the territory and are relatively uncontroversial as modes of
acquisition of territorial sovereignty. 
  Artificial formations such as man-made islands, embankments and so on do not
enlarge a state’s territory. 
 No state may deliberately alter its own territory to the detriment of another state
without former agreement. 
 
2. CESSION 
 Occurs when an owner state transfers sovereignty over territory to another state. 
 A state may cede any part of its land territory, and by ceding all its territory it will
completely merge with the other state. 
 In order to effect a cession of territory, it must be intended that the owner state
transfers sovereignty, and not merely governmental powers short of sovereignty. 
 Cession of territory are usually effected by a treaty. 
 
3. OCCUPATION 
 Occurs when a state intentionally acquired sovereignty over territory that was not
subject to the sovereignty of another state. 
 The territory in question at the time must have been uninhabited, or inhabited by
persons whose community was not considered to be a state. 
 
 REQUISITES 
a. The acquiring state had to take possession of the territory. (This is required both
physical possession and the requisite intent to acquire sovereignty. 
b. An administration had to be established over the territory in the name of the
acquiring state. 
c. There had to be some intent to act as sovereign, an animus possidendi. 
 
4. PRESCRIPTION 
 Acquisitive prescription involved the transfer of territory to an acquiring state
through open possession by continuous and undisturbed acts of sovereignty over a
prolonged period of time, adverse to the original state. 
 No concrete rules existed that set out a minimum length of time or requisite acts
of sovereignty in order to have successfully acquired title by prescription. What is
important is the establishment of effective control. 
 
5. SUBJUGATION 
 
 The acquisition of territory by military force, followed by annexation. 
 While this mode of acquisition was traditionally a predominant feature of the
acquisition of territory by states and empires, the use of force for the purpose of
acquisition has, for some time, been unlawful in international law. 
 Of course, use of force is not unlawful if exercised in self-defense. 
 
 Note: A vital element common to all modes of acquisition is the effective occupation
and administration of territory. 
 
 
RELATIVITY OF TITLE 
o In making a territorial claim, a state must demonstrate two elements: 
1. The intentional and will to exercise sovereignty, 
2. The manifestation of state activity. 
 
o The manifestation of state activity is relative in two ways: 
1. Title is relative to the claims made by other parties 
2. The type of territory is relevant to determining the kind of effective control
required. 
 
 PRINCIPLE TO SELF-DETERMINATION 
 
SELF-DETERMINATION 
o The right of cohesive national groups (“peoples”) to choose for themselves a form of
political organization and their relation to other groups. 
o The right to self-determination gives “peoples” the right to “freely determine their political
status and freely pursue their economic, social and cultural development. 
o The sovereign equality of existing states and in particular the right of the people of a state
to choose its own form of government without external intervention. 
o It is traditionally confined to the decolonization process. 
 
UTI POSSIDETIS JURIS 
o Uti possidetis juris expresses the principle that colonial boundaries cannot be challenged
upon the independence of new states without consent. 
 
 INTERNATIONAL TRUSTEESHIP SYSTEMS 
o UN Chapter XII created the International Trusteeship System, by which “Trust
Territories”  were placed under supervision by individual agreements with the states
administering them. 
o The objective was to promote self-government and independence of the territories. 
 
o THREE CATEGORIES 
1. Territories held under “mandate” at the time 
2. Territories which may be detached from enemy states as a result of the
Second World War, 
3. Territories voluntarily placed under the system by states responsible for
their administration. 
o A “Non-Self Governing Territory can be said to have reached a full measure of self-
government” where one of three circumstances exists: 
1. Independence, 
2. Free association with an independent State, or 
3. Integration with an independent state 
 
 On subjects of international law 
 
o Free City of Danzig and the International Labour Organisation, Advisory Opinion of 26
August 1930 (PCIJ Ser. B, No. 18). 
 
o Reparations for Injuries Suffered in the Service of the United Nations, Advisory Opinion if
11 April 1949, I.C.J. Reports 1949, p. 174. 
 
o Shigenori Kuroda v. Jalandoni, (supra) 
 
 On creation and incidence of statehood 
 
o 1933 Montevideo Convention on Rights & Duties of States, Art. 1. 
 
o 1945 Charter of the United Nations, Arts. 1, 2, 3, & 4. 
 
 Article 1. The Purposes of the United Nations are: 
1. To maintain international peace and security, and to that end: to take effective
collective measures for the prevention and removal of threats to the peace, and for
the suppression of acts of aggression or other breaches of the peace, and to bring
about by peaceful means, and in conformity with the principles of justice and
 international law, adjustment or settlement of international disputes or situations
which might lead to a breach of the peace; 
2. To develop friendly relations among nations based on respect for the principle of
equal rights and self-determination of peoples, and to take other appropriate
measures to strengthen universal peace; 
3. To achieve international co-operation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language, or religion; and 
4. To be a centre for harmonizing the actions of nations in the attainment of these
common ends. 
 Article 2. The Organization and its Members, in pursuit of the Purposes
stated in Article 1, shall act in accordance with the following Principles. 
1. The Organization is based on the principle of the sovereign equality of all its
Members. 
2. All Members, in order to ensure to all of them the rights and benefits resulting
from membership, shall fulfill in good faith the obligations assumed by them in
accordance with the present Charter. 
3. All Members shall settle their international disputes by peaceful means in such a
manner that international peace and security, and justice, are not endangered. 
4. All Members shall refrain 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 Purposes of the United Nations. 
5. All Members shall give the United Nations every assistance in any action it takes
in accordance with the present Charter, and shall refrain from giving assistance to
any state against which the United Nations is taking preventive or enforcement
action. 
6. The Organization shall ensure that states which are not Members of the United
Nations act in accordance with these Principles so far as may be necessary for the
maintenance of international peace and security. 
7. Nothing contained in the present Charter shall authorize the United Nations to
intervene in matters which are essentially within the domestic jurisdiction of any state
or shall require the Members to submit such matters to settlement under the present
Charter; but this principle shall not prejudice the application of enforcement measures
under Chapter Vll. 
 Article 3 
 The original Members of the United Nations shall be the states which, having
participated in the United Nations Conference on International Organization at San
Francisco, or having previously signed the Declaration by United Nations of 1
January 1942, sign the present Charter and ratify it in accordance with Article 110. 
 
 Article 4 
1. Membership in the United Nations is open to all other peace-loving states which
accept the obligations contained in the present Charter and, in the judgment of the
Organization, are able and willing to carry out these obligations. 
2. The admission of any such state to membership in the United Nations will be
effected by a decision of the General Assembly upon the recommendation of the
Security Council. 
 Article 5 
 A Member of the United Nations against which preventive or enforcement action
has been taken by the Security Council may be suspended from the exercise of the
rights and privileges of membership by the General Assembly upon the
recommendation of the Security Council. The exercise of these rights and privileges
may be restored by the Security Council. 
 
 Article 6 
  A Member of the United Nations which has persistently violated the Principles
contained in the present Charter may be expelled from the Organization by the
General Assembly upon the recommendation of the Security Council. 
 
 
o Case Concerning Rights of Nationals of the United States of America in Morocco,
Judgment of 27 August 1952, I.C.J. Reports 1952, p. 176. 
 
o Western Sahara Case, Advisory Opinion of 16 October 1975, I.C.J. Reports 1975, p. 12 
 
o The Province of North Cotabato v. GRP Peace Panel (supra) 
 
o Republic v. Sandiganbayan, (supra). 
 
State Succession 
 
o International Status of South-West Africa, Advisory Opinion of 11 July 1950, I.C.J.
Reports 1950, p. 128. 
 
o Legal Consequences for States of the Continued Presence of South Africa in Namibia
(South-West Africa) Notwithstanding Security Council Resolution 276 (1970), Advisory
Opinion of 21 June 1971, I.C.J. Reports, 1971, p. 16. 
 
Self-determination 
 
o Accordance with International Law of the Unilateral Declaration of Independence in
Respect of Kosovo, Advisory Opinion, I.C.J. Reports 2010, p. 403. 
 
o Aaland Islands Question, (On the Merits), Report by the Commission of Rapporteurs,
League of Nations Council, LN Council Doc. 87 21/68/106 (1921). 
 
o Reference re Secession of Quebec, 115 ILR 536, 594-5 (1998) 
 
 On recognition of states and governments 
 
o Legal Status of Eastern Greenland Case, Judgment, 5 April 1933 (PCIJ Ser. A/B, No.
53). 
 
o Aguilar-Amory and Royal Bank of Canada claims “Tinoco Claims Arbitration” (Great
Britain v. Costa Rica), 1 RIAA 369 (1923). 
 
 On international organizations and others 
 
o 1945 Charter of the United Nations, Arts. 7, 104 
 
 Article 7. There are established as principal organs of the United Nations: a
General Assembly, a Security Council, an Economic and Social Council, a Trusteeship
Council, an International Court of Justice and a Secretariat. Such subsidiary organs as
may be found necessary may be established in accordance with the present Charter. 
 
 Article 104. The Organization shall enjoy in the territory of each of its Members
such legal capacity as may be necessary for the exercise of its functions and the
fulfilment of its purposes. 
 
 o Reparations for Injuries Suffered in the Service of the United Nations, Advisory Opinion if
11 April 1949, I.C.J. Reports 1949, p. 174 (supra). 
 
o Legality of the Use by a State of Nuclear Weapons in Armed Conflict, Advisory Opinion of
8 July 1996, ICJ Reports 1996, p. 66. 
 
o International Catholic Migration Commission v. Calleja, G.R. No. 85750, 89331, 28
September 1990, 268 Phil. 134 (1990). 
 
o Southeast Asian Fisheries Development Center-Aquaculture Department v. National
Labor Relations Commission, G.R. No. 86773, 14 February 1992, 206 SCRA 283. 
 
 The Use of Force 
 
o Arts. 2(3), 2(4), 24(1), 25, 23(1), 27(3), UN Charter 
 Article 2. The Organization and its Members, in pursuit of the Purposes stated in
Article 1, shall act in accordance with the following Principles. 
3. All Members, in order to ensure to all of them the rights and benefits resulting from
membership, shall fulfill in good faith the obligations assumed by them in accordance with the
present Charter. 
4. All Members shall refrain 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 Purposs of the United Nations. 
 Article 25. The Members of the United Nations agree to accept and carry out the
decisions of the Security Council in accordance with the present Charter. 
 
 Article 23. The Security Council shall consist of fifteen Members of the United
Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the
United Kingdom of Great Britain and Northern Ireland, and the United States of America
shall be permanent members of the Security Council. The General Assembly shall elect
ten other Members of the United Nations to be non-permanent members of the Security
Council, due regard being specially paid, in the first instance to the contribution of
Members of the United Nations to the maintenance of international peace and security
and to the other purposes of the Organization, and also to equitable geographical
distribution. 
 
 Article 27. Each member of the Security Council shall have one vote. Decisions
of the Security Council on procedural matters shall be made by an affirmative vote of nine
members. Decisions of the Security Council on all other matters shall be made by an
affirmative vote of nine members including the concurring votes of the permanent
members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article
52, a party to a dispute shall abstain from voting. 
 
o Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. US), ICJ
Reports, 1986 
 
o Legality of the Use by a State of Nuclear Weapons, ICJ Reports, 1966 
 
o Legality of the Use of Force (Yugoslavia v. US), 38 ILM 1199 
 
o The Relationship between the UN Charter and General International Law regarding non-
use of force: The Case of NATO’s air campaign in the Kosovo Crisis of 1999, Shinya Murase 
 
o The Caroline Case 
 
 o M.W. Reisman, “Assessing Claims to Revise the Laws of War,” 97 AJIL 82 at 87, 2003 
 
o Case Concerning Oil Platforms (Islamic Republic of Iran v. United States of America),
December 12, 1996 
 
 International Court of Justice 
 
o Arts. 92, 93, 94, 96, UN Charter 
 Article 92. The International Court of Justice shall be the principal judicial organ
of the United Nations. It shall function in accordance with the annexed Statute, which is
based upon the Statute of the Permanent Court of International Justice and forms an
integral part of the present Charter. 
 
 Article 93. All Members of the United Nations are ipso facto parties to the Statute
of the International Court of Justice. A state which is not a Member of the United Nations
may become a party to the Statute of the International Court of Justice on conditions to
be determined in each case by the General Assembly upon the recommendation of the
Security Council. 
 
 Article 94. Each Member of the United Nations undertakes to comply with the
decision of the International Court of Justice in any case to which it is a party. If any party
to a case fails to perform the obligations incumbent upon it under a judgment rendered by
the Court, the other party may have recourse to the Security Council, which may, if it
deems necessary, make recommendations or decide upon measures to be taken to give
effect to the judgment. 
 
 Article 95. Nothing in the present Charter shall prevent Members of the United
Nations from entrusting the solution of their differences to other tribunals by virtue of
agreements already in existence or which may be concluded in the future. 
 
 Article 96. The General Assembly or the Security Council may request the
International Court of Justice to give an advisory opinion on any legal question. Other
organs of the United Nations and specialized agencies, which may at any time be so
authorized by the General Assembly, may also request advisory opinions of the Court on
legal questions arising within the scope of their activities. 
 
 
 
o Arts. 1, 34(1), 35(1), ICJ Statute 
 
 Article 1. The International Court of Justice established by the Charter of the
United Nations as the principal judicial organ of the United Nations shall be constituted
and shall function in accordance with the provisions of the present Statute. 
 
 Article 34 
1. Only states may be parties in cases before the Court. 
2. The Court, subject to and in conformity with its Rules, may request of public international
organizations information relevant to cases before it, and shall receive such information
presented by such organizations on their own initiative. 
3. Whenever the construction of the constituent instrument of a public international
organization or of an international convention adopted thereunder is in question in a case
before the Court, the Registrar shall so notify the public international organization concerned
and shall communicate to it copies of all the written proceedings. 
 
 Article 35 
 1. The Court shall be open to the states parties to the present Statute. 
2. The conditions under which the Court shall be open to other states shall, subject to the
special provisions contained in treaties in force, be laid down by the Security Council, but in
no case shall such conditions place the parties in a position of inequality before the Court. 
3. When a state which is not a Member of the United Nations is a party to a case, the Court
shall fix the amount which that party is to contribute towards the expenses of the Court. This
provision shall not apply if such state is bearing a share of the expenses of the Court. 
 
Jurisdiction 
 
o Art. 36(1), (2) & (3), ICJ Statute 
 
1. The jurisdiction of the Court comprises all cases which the parties refer to it and all matters
specially provided for in the Charter of the United Nations or in treaties and conventions in force. 
 
2. The states parties to the present Statute may at any time declare that they recognize as
compulsory ipso facto and without special agreement, in relation to any other state accepting the
same obligation, the jurisdiction of the Court in all legal disputes concerning: 
 
the interpretation of a treaty; 
any question of international law; 
the existence of any fact which, if established, would constitute a breach of an international
obligation; 
the nature or extent of the reparation to be made for the breach of an international obligation. 
 
3. The declarations referred to above may be made unconditionally or on condition of reciprocity
on the part of several or certain states, or for a certain time. 
 
4. Such declarations shall be deposited with the Secretary-General of the United Nations, who
shall transmit copies thereof to the parties to the Statute and to the Registrar of the Court. 
 
5. Declarations made under Article 36 of the Statute of the Permanent Court of International
Justice and which are still in force shall be deemed, as between the parties to the present
Statute, to be acceptances of the compulsory jurisdiction of the International Court of Justice for
the period which they still have to run and in accordance with their terms. 
 
6. In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by
the decision of the Court. 
 
Cases on Jurisdiction 
 
 Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. US), ICJ
Reports, 1986 
 
 Lockerbie Case (Libyan Arab Jamahiriya v. USA), ICJ Reports, 1988 
 
 ELSI Case, ICJ Reports, 1989 
 
 South West Africa Cases, ICJ Reports, 1966 
 
 Nauru v. Australia, ICJ Reports, 1992 
 
 Case Concerning East Timor (Portugal v. Australia), ICJ Reports, 1995 
 
Cases on Provisional Measures: 
 
 Bosnia Case (Application of the Convention on the Prevention and Punishment of the
Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro)), February 26, 2007 
 
 Lockerbie Case (Libyan Arab Jamahiriya v. USA), ICJ Reports, 1988 
 
Cases on Dispute: 
 
 Admissions Case (Conditions of Admission of a state to membership in the United
Nations), ICJ Reports, May 28, 1948 
 
 Free Zones Case (Case of the Free Zones of Upper Savoy and the District of Gex), PCIJ
Ser. A/B. No. 45, June 7, 1932 
 
 Marvrommatis Case, PCIJ Ser. A, No. 2, 1924 
 
 UN Headquarters Advisory Opinion (Applicability of the Obligation to Arbitrate under Sec.
21 of the UN Headquarters Agreement of June 26, 1947), ICJ Reports, April 26, 1988 
 
Cases on Advisory Opinions 
 
 Legality of the Use by a State of Nuclear Weapons in Armed Conflict (WHO Request),
ICJ Reports, 1996 
 
 Monetary Gold Case (Monetary Gold Removed from Rome in 1943 (Italy v. France, UK
of Great Britain & Northern Ireland, & the USA)), ICJ Reports, June 15, 1954  
 
 Certain Expenses of the UN, ICJ Reports, 1962 
 
 Western Sahara Case, ICJ Reports, 1975 § Botswana v. Namibia (Case Concerning
kasikili/Sedudu Island), ICJ Reports, 1999 
 
 Status of Eastern Carelia (Finland v. Russia), PCIJ Ser. B, No. 5, July 23, 1923 
 
 Advisory Opinion on the Legal Consequences of the Construction of a Wall in the
Occupied Palestinian Territories 
 
 International Criminal Law 
 
1998 Rome Convention on the International Criminal Court 
 
 Advisory Opinion on the Legality of Nuclear Weapons (WHO Request), ICJ Reports,
1996 
 
 Yugoslavia War Crimes Tribunal Decision on Tadic, July 15, 1999 (www.un.org/icyt/
pressreal/tad-sumj99) 
 
 Yamashita v. Styer, 75 Phil 563 
 
 Dizon v. Commanding General (Report) 
 
 Guide Questions 
 What are the elements of statehood? 
1. A permanent population 
2. A defined territory 
 3. A government 
4. The capacity to enter into relations with other states 
 
 Is recognition an element of statehood? 
o Contemporay developments in international law have raised the possibility that additional
criteria – such as recognition by other states and a willingness to adhere to international law –
may now be necessary elements for statehood. 
 
 What are the theories on recognition of a state? 
o Declaratory theory - it treats recognition as a mere political or symbolic act, with no legal
ramifications. 
 
o Constitutive theory - Recognition on by existing states is a fundamental precondition for
the attainment of statehood for a newly emerging state. 
 
 Distinguish the following doctrines: Tobar/Wilson, Stinson, and Estrada? 
o X 
 
 Distinguish de iure from de facto recognition 
o De jure recognition is final. 
o De facto recognition is only provisional and may be withdrawn. 
 
 Can the Holy See be considered a state? 
o X 
 
 What are “sui generis” entities? 
 What is the principle of succession of states/governments? 
 What is the principle of state continuity? 
 What is belligerency? 
 What is the “uti possidetis iuris” doctrine? 
o Uti possidetis juris expresses the principle that colonial boundaries cannot be challenged
upon the independence of new states without consent. 
 
 What is the doctrine of sovereign immunity? 
 What is the “act of state” doctrine? 
 What are the Calvo and Drago doctrines? Drago doctrine- Forbids the forcible collection of
public debts. While Calvo Doctrine- condemns diplomatic as well as armed intervention as legitimate
methods of enforcing any or all private claims of a purely pecuniary nature, at least such as are based
upon contract or are the result of civil war, insurrection or mob violence. 
 
 What is the doctrine of sovereign equality of states? 
 What is the doctrine of non-intervention? 
 What is the principle of self-determination? 
 Distinguish between recognition of states and recognition of governments. 
 Distinguish between Extradition and Deportation. 
 May a State refuse to grant a request for extradition? 
 What is meant by the “attentat clause”? 
 What is the Nationality Doctrine? 
 What is the Principle of Universality of Jurisdiction? 
 What is the Principle of Territoriality and Extra-territoriality? 
 What is the Protective Principle of Jurisdiction? 
 What is meant by Statelessness? 
 Distinguish Repatriation from Naturalization 
 What is meant by the Doctrine of Specialty? 
 What is the Doctrine of Double Criminality? 
 What is the Restrictive Doctrine of Immunity? 
 What is meant by “asylum”? 
 What is meant by the Right of Legation? 
 Distinguish Diplomatic Immunities from Consular Immunities 
 What are the traditional means of settling international disputes? 
 Compare and contrast: Negotiation, Enquiry, Conciliation, Mediation, Good Offices, and
Arbitration 
 May a State use force or a threat of force against another State? 
 What is the Principle of No-Intervention? 
 Distinguish between the “optional jurisdiction clause” and the “domestic jurisdiction
clause” in the Charter of the United Nations 
 What is the Doctrine of Humanitarian Intervention? 
 What is “use of force”? 
 What is the doctrine of non-intervention”? Are there exceptions? 
 What is meant by “adherence to the jurisdiction” of the ICJ? 
 Can the ICJ compel the attendance of witnesses or the production of documents? 
 Does it have contempt powers? 
 What is the remedy should parties refuse to comply with a valid order of the ICJ? 
 Is there opinion juris to support the contention that the ICJ cannot compel states to
produce “classified intelligence information”? 
 What is the basis of the jurisdiction of the ICJ? 
 How can the ICJ enforce its decisions or implement its legal processes? 
 What is the Principle of Pre-emptive Strike? 
 What is the Doctrine of Collective Self-Defense? 
 What is Unilateralism? 
 Distinguish Retortion from Reprisal. 
 What is an “economic embargo”? 
 Distinguish “non-intercourse” from boycott” 
 What is meant by “war”? 
 What is the Principle of Military necessity? 
 What is meant by the principle of “Postliminium”? 
 Distinguish “mercenaries” from “spies”? 
 Distinguish a neutral state from a neutralized state 
 
VIII. OTHER PERSONALITIES 
 
 Other participants in international law known as “non-state actors” have rights and responsibilities
as legal persons. 
1. International organizations 
2. Non-government organizations 
3. Corporations 
4. Groups 
5. Individuals 
6. Anomalous entities 
 
o These other subjects are derivative subjects in international law. 
 
JUS GENTIUM 
o Law of nations 
o that law which natural reason establishes for all men, as distinguished from jus civile, or
the civil law peculiar to one state or people. 
 
 INTERNATIONAL ORGANIZATIONS 
o these are entities created by states as a vehicle to further their common interests 
o they are constituted by treaty and are usually composed of three organs: 
 a plenary assembly of all Member States, 
 an executive organ with limited participation, 
 a secretariat, or administrative body 
o Diplomatic conferences such as the G8 or Commonwealth are not international
organizations. 
o Examples 
 United Nations 
 World Health Organizations (WHO) 
 International Labour Organization 
 European Union (EU) 
o While every state possesses full personality, international organizations only possess
personality granted in either their constituent treaty or arising by necessary implication from
their functions. 
o It must possess 3 core features to have an international personality 
1. A permanent association of states, made up of organs 
2. Being legally distinct from its members 
3. Possessing international rights and duties 
 
 UNIVERSAL POSTAL UNION 
o was established in 1874 coordinate the process of international mail handling and
delivery 
o with 191 members, the UPU is responsible for setting worldwide rules for international
mail exchanges and constitutes a forum for discussing matters affecting the industry 
 
 UNITED NATIONS 
 
 Created in 1945 at the San Francisco Conference 
 The UN was to be the successor organization to the League of Nations set up after the first world
war 
 
 Purpose 
1. To save succeeding generation from the scourge of war 
2. To reaffirm faith in fundamental human rights 
3. To establish conditions under which justice and respect for the obligations arising
from international law can be maintained 
4. To promote social progress and better standards of life 
 
 Membership 
o Open membership 
o “all peace-loving states” may join the organization 
 
 The principal organs of the United Nations [GESTIS] 
1. The General Assembly 
2. The Economic and Social Council 
3. The Security Council 
4. The Trusteeship Council 
5. The International Court of Justice 
6. The Secretariat 
 
 Subsidiary organs of the United Nations 
 1. International Criminal Tribunal for the former Yugoslavia (ICTY) 
 A subsidiary organ of the Security Council controversially created through SC
Resolution 827 (1993), to try the major war criminals in the violent break-up of the
former Yugoslavia. 
2. UN Human Rights Council (UNHRC) 
 A subsidiary organ of the General Assembly 
 
General Assembly 
o The General Assembly is the plenary body of the UN, consisting of representatives of all
members. 
o It is the forum par excellence for international debate, producing non-binding
recommendations (by way of resolutions) to members or the security council. 
 
o General Assembly Resolutions 
 
 Resolutions on specified “important” matters are determined by a 2/3 majority, in
contrast to a simple majority vote required for other matters. 
 The resolutions adopted by large majorities of the general assembly may amount
to very strong  OPINIO JURIS as an element of customary international law. 
 Sources of development of customary law 
 
The Security Council (UNSC) 
o It is the executive arm of the UN organization with primary responsibility for the
maintenance of international peace and security. 
o The UNSC can take enforcement action against threats to the peace, breach of peace
and acts of aggression. 
o Enforcement action can consist of sanctions falling short of armed force, such as
economic sanctions or the severance of diplomatic relations. 
o Where such sanctions prove inadequate, the Security Council may deploy armed forces
“PEACEMAKERS” supplied by its Members, to forcibly maintain or restore international
peace and security. 
 
o Membership 
 Total 15 members  
 5 permanent members (China, France, Russia, UK, USA) 
 It has power of veto over all nonprocedural decisions 
 
The Economic and Social Council 
o Task to promote solutions for international economic, social, health and related problems,
and universal respect for human rights. 
o Composed of 54 members, ECOSOC may initiate studies and reports, make
recommendations, draft conventions and convene international conferences on these issues. 
o One of ECOSOC’s primary functions is to coordinate the activities of the UN “specialized
agencies” that have been brought into relationship with the UN. 
 International Labor Organization (ILO) 
 World Health Organizations (WHO) 
 World Bank 
 International Monetary Fund (IMF) 
 United Nations Children’s Fund (UNICEF) 
 
Trusteeship Council 
o Established to oversee the trusteeship system, whereby former colonies (mainly defeated
states) were administered by trustee states with a view to maintaining domestic peace and
fostering the conditions for the trust territories’ eventual independence 
 o The trusteeship system had replaced the system of mandates under the league of
Nations. 
o The trusteeship system was suspended in 1994 when the last trust territory, Palau,
attained independence. 
 
International Court of Justice 
o Commonly known as the “World Court” is the principal judicial organ of the UN 
o Its functions and powers are primarily determined by the ICJ Statute annexed to the UN
Charter. 
o The ICJ has power to determine cases referred to it by States that are parties to a
dispute, or on the initiative of a state if the other state party has made a declaration that the
jurisdiction of the court is compulsory. 
o Advisory Opinions on Legal Questions – can be requested by the general assembly and
other organs and specialized agencies of the UN arising within the scope of their activities. 
o The bench is composed of 15 judges, representing the main forms of civilization and
the principal legal systems of the world. 
 
Permanent Court of International Justice (PCIJ) 
o The ICJ is the successor to the Permanent Court of International Justice (PCIJ) 
o Operating from 1920 until the breakdown of the league of nations system with the
outbreak of world war II in 1939, the PCIJ was the result of a process that began at the
Hague Peace Conferences of 1899 and 1907, where voices extolling the desirability of a truly
international court succeeded in persuading states to establish the permanent court of
arbitration. 
 
The Secretariat 
o The Secretariat is the administrative staff of the organization. 
o Its chief administrative officer and the UN’s most prominent figure is the Secretary-
General. 
 
 NON-GOVERNMENT ORGANIZATION 
o Are entities created under national law, with voluntary, private membership, to pursue a
particular cause that may transcend national boundaries. 
o Possess “consultative status” 
o Delivery of submissions to international courts and tribunals as Amici Curiae, or “friends
of the Court”. 
 
o These are 
1. Human Rights Watch 
2. International Committee of the Red Cross (ICRC) 
3. Amnesty International 
4. International Campaign to Ban Landmines (ICBL) 
 
INTERNATIONAL CAMPAIGN TO BAN LANDMINES (ICBL) 
o A conglomeration of NGOs  
o It is a nobel peace prize co-laureate for its efforts in pushing for the drafting of the Ottawa
Convention on the prohibition of the use, stockpiling, production and transfer of anti-
personnel mines and on their destruction 1997. 
 
INTERNATIONAL COMMITTEE OF THE RED CROSS (ICRC) 
o Has worked since 1863 to develop the law and practice of international humanitarian law
and, has been granted a mandate under the Geneva Conventions and their additional
protocols for the protection of war victims and the amelioration of the effects of armed
conflict. 
 o There exists a customary international law norm that ICRC employees are immune from
testifying about what they witnessed during their employment 
 
 Other NGOS 
o Greenpeace 
o World Wildlife Foundation 
o International Institute of Agriculture 
o Institut De Droit International 
o International Law Association 
 
 
 INDIVIDUALS 
o The purpose of individual responsibility in international criminal law is to capture all of the
methods and means by which an individual may contribute to the commission of a crime, or
be held responsible for a crime under international law. 
o The fact that an individual has rights under international law, does not necessarily mean
that he or she has the capacity to enforce those rights. 
o Under the ICJ statute, only states may bring claims before the ICJ. 
 
NUREMBERG TRIBUNAL 
 
o The Nuremberg trials were held by the Allies against representatives of the defeated Nazi
Germany, for plotting and carrying out invasions of other countries, and other crimes, in
World War II. 
o Between 1939 and 1945, Nazi Germany invaded many countries across Europe, inflicting
27 million deaths in the Soviet Union alone.  
o Proposals for how to punish the defeated Nazi leaders ranged from a show trial (the
Soviet Union) to summary executions (the United Kingdom).  
o In mid-1945, France, the Soviet Union, the United Kingdom, and the United States
agreed to convene a joint tribunal in Nuremberg, with the Nuremberg Charter as its legal
instrument. 
o Between 20 November 1945 and 1 October 1946, the International Military Tribunal (IMT)
tried 21 of the most important surviving leaders of Nazi Germany in the political, military, and
economic spheres, as well as six German organizations.  
o The purpose of the trial was not just to convict the defendants but also to assemble
irrefutable evidence of Nazi crimes, offer a history lesson to the defeated Germans, and
delegitimize the traditional German elite. 
 
TOKYO WAR CRIMES TRIBUNAL 
o The International Military Tribunal for the Far East (IMTFE, also the Tokyo Trial and the
Tokyo War Crimes Tribunal) was a military trial convened on 29 April 1946 to try leaders of
the Empire of Japan for their crimes against peace, conventional war crimes, and crimes
against humanity, leading up to and during the Second World War. 
o The IMTFE was modeled after the International Military Tribunal (IMT) at Nuremberg,
Germany, which prosecuted the leaders of Nazi Germany for their war crimes, crimes against
peace, and crimes against humanity. 
 
INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA 
 
o “Yugoslavia War Crimes Tribunal” 
o Established in 1993 by the Security Council under Security Council Resolution No. 827 
o The International Criminal Tribunal for the former Yugoslavia (ICTY) was a United
Nations court of law that dealt with war crimes that took place during the conflicts in the
Balkans in the 1990s. During its mandate, which lasted from 1993 - 2017, it irreversibly
 changed the landscape of international humanitarian law, provided victims an opportunity to
voice the horrors they witnessed and experienced, and proved that those suspected of
bearing the greatest responsibility for atrocities committed during armed conflicts can be
called to account. 
o As conflict rages across the former Yugoslavia, the Security Council, spurred to action by
reports of atrocities and pressure from international public opinion, unanimously adopts
Resolution 827, formally establishing the International Criminal Tribunal for the former
Yugoslavia. 
 
INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA 
o “Rwanda War Crimes Tribunal” 
o Established in 1994 by the Security Council Security Council Resolution No. 955 
o Ad hoc international criminal tribunal established for the prosecution of persons
responsible for genocide and other serious violations of international humanitarian law
committed in the territory of Rwanda between 1 January 1994 and 31 December 1994. 
 
INTERNATIONAL CRIMINAL COURT 
o Established in 1998 through Rome Statute 
o With notable absence of security council members: the USA, China, and Russia 
o It is sitting in the Hague. 
o It is tasked with delivering international justice in respect of the ‘most serious crimes of
concern to the international community as a whole: genocide, crimes against humanity, war
crimes and aggression. 
 
SPECIAL COURT FOR SIERRA LEONE 
o To try war crimes and crimes against humanity committed since 1996 
o It was the first tribunal since Nuremberg to successfully bring to justice a Head of State
(at the time of his indictment). Charles Taylor, the former President of Liberia was tried in The
Hague by the Special Court for Sierra Leone and sentenced to 50 years in prison. 
o The Special Court was also the first in history to adjudicate on crimes relating to
enlistment, recruitment, conscription or use of child soldiers; attacks on peacekeepers; forced
marriage; sovereign immunity; effect of national amnesties on the jurisdiction of an
international court and procedural relationships with a Truth and Reconciliation Commission. 
 
EXTRAORDINARY CHAMBERS IN THE COURTS OF CAMBODIA 
o “Cambodia Tribunal” or “Khmer Rouge Tribunal” 
o To try senior leaders of the Khmer Rouge for genocide, war crimes and crimes against
humanity and Cambodian criminal law, committed during 1975-1979 
o It is a “hybrid” or “internationalized” criminal tribunals established to apply a mixture of
international and domestic law. 
o Although it was a national court, it was established as part of an agreement between the
Royal Government of Cambodia and the United Nations, and its members included both local
and foreign judges. 
 
SPECIAL TRIBUNAL FOR LEBANON 
o “Lebanon Tribunal” or “Hariri Tribunal”. 
o To prosecute those responsible for the assassination in 2005 of Rafik Hariri, President of
Lebanon. 
 
SPECIAL PANELS OF THE DILI DISTRICT COURT 
o Created by the UN Transitional Administration in East Timor (UNTAET) to try crimes such
as murder, and torture perpetrated during 1999. 
 o The hybrid international–East Timorese tribunal that was created in 2000 by the United
Nations Transitional Administration in East Timor (UNTAET) to try cases of "serious criminal
offences" which took place in East Timor in 1999. 
 
 HUMAN RIGHTS 
 
 Major human rights treaties 
o The International Covenant on Civil and Political Rights 1966 (ICCPR) 
o The International Convention on the Elimination of All Forms of Racial Discrimination
1966 (ICERD) 
o The Convention on the Elimination of Discrimination Against Women 1979 (CEDAW) 
o The Convention on the Rights of the Child 1989 (CRC) 
 
Note: If a state engages in a consistent pattern of gross violations of human rights, or if a violation
amounts to one of the core crimes under international law (such as crimes against humanity or
genocide), the state will have breached customary international law independent of these treaties. 
 
1949 GENEVA CONVENTIONS 
 
o The Geneva Convention relative to the Protection of Civilian Persons in Time of
War is one of the four treaties of the Geneva Conventions.  
o It was adopted in August 1949, and came into force in October 1950. 
o deal with humanitarian protections for civilians in a war zone. There are currently
196 countries party to the 1949 Geneva Conventions, including this and the other three
treaties. 
 
1978 Additional Protocol to the Geneva Convention 
o prohibits all intentional attacks on "the civilian population and civilian objects.” 
o  It prohibits and defines "Indiscriminate attacks". "Incidental loss of civilian life, injury to
civilians, [and] damage to civilian objects" is also covered. Even an attack not aimed at
civilians is prohibited when it "may be expected to cause incidental" civilian loss or damage
"which would be excessive in relation to the concrete and direct military advantage
anticipated." This rule is referred to by scholars as the principle of proportionality. 
 
 
 CORPORATIONS 
 
 Two sources from where corporation derived international personality 
1. States concluding treaties among themselves (e.g ICSID) 
2. Corporations concluding long-term concession contracts with foreign government
for the construction and exploitation of mines, oil wells and other resources. 
 
INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES (ICSID) 
o The International Centre for Settlement of Investment Disputes is an international
arbitration institution established in 1966 for legal dispute resolution and conciliation between
international investors and States. 
 
UN GLOBAL COMPACT OF 26 July 2000 
 
o The United Nations Global Compact is a non-binding United Nations pact to get
businesses and firms worldwide to adopt sustainable and socially responsible policies, and to
report on their implementation. The organization solicits commitments to specific
sustainability and social responsibility goals from CEOs and highest-level executives, and in
turn offers training, peer-networks and a functional framework for responsibility. 
 o These code of conducts are not binding and may be freely revoked by the corporations
that have accepted them. They are more in the nature of “soft law”. 
 
 OTHER NON-STATE ACTORS 
1. Insurgents, 
2. Terrorists, and 
3. National Liberation Movements 
 
SOVEREIGN ORDER OF MALTA 
o An entity that has controlled no territory since the British occupation of Malta, yet
maintains diplomatic relations with over 93 states. 
IX. JURISDICTION PRIVILEGES & IMMUNITIES 
 
 State sovereignty and equality are the foundational principles of international law and protect
each state’s jurisdictional powers from interference by other states. 
 
Principle of Sovereign Equality of States 
o It is a logical corollary of the nature of a system of sovereign equals that the legally
recognized jurisdiction of one state cannot be superior to that of another. 
o all states are equal before international law no matter the size of their territory,
population, economy or military. (UN Charter) 
 
 JURISDICTION 
 
 Two Key Aspects of State Jurisdiction 
1. Jurisdiction to prescribe (prescription) 
2. Jurisdiction to enforce (enforcement) 
 
o Jurisdiction to Adjudicate 
 a subsidiary form of prescriptive jurisdiction, although in truth adjudication does
not form – and is not usefully spoken of – as a distinct head of jurisdiction. 
 
Prescriptive, or legislative jurisdiction  
 Prescriptive, or legislative jurisdiction describes the competence of states to
create norms, recognized as valid by international law.  
 This power is binding within a state’s territory and, under certain circumstances,
beyond. 
 The mere act of legislating would amount to an interference with the subject
state’s sovereignty. 
 Foreign nationals, outside the jurisdiction, who commit acts damaging to the
regulating state, may also be subjected to this jurisdiction under the protective principle. 
 
Enforcement, or executive jurisdiction  
 Enforcement, or executive jurisdiction describes a state’s authority to
act coercively to enforce its law. 
 This form of jurisdiction may be freely exercised only on the territory of
the enforcing state because of its coercive nature. 
 Employment of enforcement jurisdiction on the territory of another state without
consent or under some other ‘permissive rule’ of international law is prohibited as
interference in the sovereignty of another state. 
 The prohibition on such interference with the ‘domestic jurisdiction by any state’ is
implicit in the principle of the sovereign equality of states and is reflected in Article 2(7) of
the Charter of the United Nations. 
 
 Nature of State Jurisdiction 
 1. Criminal Jurisdiction - diplomatic protest is more frequently raised with regard to the
excessive exercise. 
2. Civil Jurisdiction - is frequently exercised in cases that have limited connection with the
forum state, and only limited diplomatic objections are raised. 
 
Criminal Jurisdiction 
o Criminal, like civil, jurisdiction is primarily based on territory.  
o It may be exercised over foreign nationals who are within the forum territory with regard
to acts committed there.   
o Nationals of the forum state may be subject to adjudicatory jurisdiction while within the
territory for acts done, both at home and abroad. 
o Any exercise of official jurisdiction on the territory of another sovereign state, without its
consent, amounts to interference with that state’s sovereignty and is prohibited
by international law. 
o Exercising enforcement and adjudication jurisdiction over foreign nationals for acts
committed abroad is permitted only in certain limited circumstances.  
 
 Bases of Jurisdiction 
1. Territorial principle 
2. Nationality principle 
3. Protective principle 
4. Passive Personality principle 
5. Universality principle 
 
Territorial principle 
o The principle that the domestic courts of the state in which a crime is committed
have jurisdiction over that crime is universally accepted, even where the accused may be
a foreign national. 
o This reflects the exclusivity of sovereignty within the state’s territorial limits (land, sea and
air), and its responsibility for maintaining order. 
o With the exception of the territorial principle, all other bases of jurisdiction are
extraterritorial in that they permit states to legislate with respect to persons, property and
events occurring outside of their territory. 
o Two possible applications of territorial jurisdiction 
1. Subjective 
2. Objective 
 
Subjective Application 
 The ‘subjective’ application of territorial jurisdiction grants jurisdiction,
where a crime is commenced within the territorial state but completed
in another, to the state in which the conduct was initiated. (e.g sanitary
violations committed in territorial sea) 
 
Objective Application 
 The ‘objective’ application of territorial sovereignty refers to the exercise
of jurisdiction by a state where the effects of a crime are felt, even though the
crime (or at least its initiation or substantial elements of it) is committed
outside its territory. (e.g Violence Against Women and Children) 
 
The Effects Doctrine 
 US courts consider that when foreign activity causes effects that are felt
in the US and are in breach of US law, they are competent to make orders
including those for the disposition of property, restructuring of industry
and production of documents, subject to another state’s exclusive
sovereign jurisdiction. 
  Judgments of this nature may be executed against property held by the
foreign entity in the US. 
 
Nationality principle 
o The nationality principle allows states to exercise jurisdiction over their nationals for acts
done within or outside the state’s territory.  
o This principle stems from the recognition that sovereign states may legitimately impose
obligations on their subjects. 
o It is for states to make their own laws regarding nationality. 
o Nationality is, in international law, the legal link between a state and its people. 
 Corporations have the nationality of the state of registration or incorporation, or
that of their main place of business.  
 Ships and aircraft carry the nationality of the state of registration, but here
too there must be a genuine connection with the state of registration. 
 
Protective principle 
o States frequently prosecute foreign nationals under the protective principle for acts done
abroad, the effects of which are prejudicial to the forum state.  
o The protective principle allows states to exercise jurisdiction over acts done outside
their territory having, or even intending to have, a prejudicial impact within that state. 
o While this often encompasses political acts, it also extends to acts compromising
the state’s economic, immigration, currency and national security interest. 
 
Passive Personality principle 
o The principle allows states to exercise their jurisdiction over foreign nationals for
actions done outside their territory, but which affect the forum state’s nationals. (e.g
Human Security Act of 2007, Anti-terrorism Act) 
o The case of Cutting is often cited to illustrate the principle. The controversial nature of the
principle is evident in the fact that Cutting did an act which was not criminal in the
jurisdiction in which the act was done. Nevertheless, he was subject to the criminal jurisdiction
of another state by reason only of the nationality of the victim.  
 
Universality principle 
o The term has been employed to describe the right of – and often obligation upon – states
to prosecute or extradite in respect of certain categories of
crime (aut dedere aut judicare). 
o This form of universal jurisdiction, if that is what it is, is referred to as a ‘subsidiary’ form. 
o It tends to arise out of treaty obligation , rather than recognition that there is a rule of
customary international law obliging the exercise of jurisdiction by states. 
o ‘Voluntary’ universal jurisdiction refers to the true form, whereby a state with no
territorial, nationality or other connection with a crime may nonetheless assert jurisdiction over
that crime and those responsible. 
o All crimes prohibited under jus cogens norms have been said to entail universal
jurisdiction. 
o Crimes attracting universal jurisdiction are those considered to be offensive to the
international community as a whole, and are generally described as offending humanity itself
or the laws of nations.  
1. Piracy 
2. Genocide 
3. Crimes Against Humanity 
4. War Crimes 
5. Torture and Slavery 
o Other offences, including hijacking, apartheid and even drug trafficking, have also
been considered to give rise to universal jurisdiction. 
 
aut dedere aut judicare principle 
o In law, the principle of aut dedere aut judicare (Latin for "either extradite or prosecute")
requiring the custodial state to prosecute the suspect in case of non-extradition. 
 
 EXTRADITION 
o Extradition refers to the practice of surrendering an accused person to
the authorities of another state for prosecution. 
o It is commonly organized by way of bilateral treaties, which are reflected in the
domestic legislation of each state.  
o There is no obligation to extradite at customary international law, nor is there any
customary law obligation to prosecute if extradition is refused. 
o Political offences are generally excluded from the list of extraditable crimes, with the
exception of terrorist offences. 
 
o Two Key Principles Reflected in Many Extradition Treaties 
Double criminality principle 
 requires the offence in question to be criminal in both the sending and
receiving states.  
Speciality principle 
 requires that the accused be tried and punished in the receiving state
only for the crime for which he or she is surrendered.  
 
Principle of non-refoulement 
o Some multilateral extradition arrangements prohibit extradition on the principle of non
refoulement or where the subject will be put in danger, or is likely to suffer human rights
violations, which includes the risk that the accused will not receive a fair trial in the requesting
state. 
 
 IMMUNITY 
o “Immunity” is the common shorthand phrase for “immunity from jurisdiction”. If there is
no jurisdiction en principe, then the question of an immunity from a jurisdiction which would
otherwise exist simply does not arise’. 
o Sovereign immunity has its foundation in customary international law and the fundamental
principle of sovereign equality, and has ancient roots in international law. 
 
Doctrine of Absolute Sovereign Immunity 
o According to the classical or absolute theory, a sovereign cannot, without its consent, be
made a respondent in the courts of another sovereign.  
o An agent of a foreign state could never be brought before the courts of another state.  
o Sovereign immunity is based on the status of an individual. Once it is determined that
the person is entitled to immunity, he or she cannot be subjected to the legal system of
the host state except in a few limited exceptions.  
o Two factors in determining the status of entities claiming immunity 
1. State organs need not conform to a particular mode of organization to qualify as
such. 
2. The issue of a certificate by the executive, showing recognition of the
statehood of the claimant is sufficient to allow a court to determine its status as such.  
Doctrine of Restrictive Sovereign Immunity 
o According to the newer or restrictive theory, the immunity of the sovereign is recognized
only with regard to public acts or acts jure imperii of a state, but not with regard to private
acts or acts jure gestionis. 
o The sovereign immunity is based on transaction, rather than status of the person
transacting. The restrictive doctrine differentiates between acts done in the capacity of a state
for which immunity attaches (jure imperii), and those acts done in a private capacity
(jure gestionis). 
 o The restrictive approach requires courts to determine whether the sovereign was acting in
its public or private capacity in the relevant transaction, in order to ascertain whether
jurisdiction is to be affirmed or not. 
o The status of the person is still important in determining who may claim immunity, but it
will be extended to cover only acta jure imperii, acts in the nature of public authority.  
 
Functional Immunity 
o Functional immunity prevents a state from exercising jurisdiction over foreign officials for
acts carried out in the conduct of their official duties. Such acts are attributable to the
state rather than the individual.   
o Individuals do not incur responsibility for actions carried out in performance of their
function as state agents. 
o Conduct outside the scope of those acts attributable to the state is not subject to immunity
and may form the subject of a legal claim. 
 
Personal Status Immunity 
o The immunity here is based on the need to prevent interference with the official’s
functions – ne impediatur officium. 
o The International Court of Justice has unequivocally stated, certain officials of a state (at
least heads of state, heads of government and foreign affairs ministers) enjoy complete and
inviolable immunity from all acts, public or private, while they are in office. 
o This immunity attaches to the person even for acts committed prior to the taking of office.
Personal immunities extend even to protection from prosecution for crimes under national
and international law. 
 
Diplomatic & Consular Immunity 
o Diplomatic immunity for the most part covers the functions, property and conduct of
a state’s diplomatic agents.  
o 1961 Vienna Convention on Diplomatic Relations 
 The “head of the mission” is the person charged by the sending State with the
duty of acting in that capacity; 
 Heads of mission are divided into three classes, namely: (a) That of
ambassadors or nuncios accredited to Heads of State, and other heads of mission of
equivalent rank; (b) That of envoys, ministers and internuncios accredited to Heads of
State; (c) That of chargés d’affaires accredited to Ministers for Foreign Affairs. 
 The person of a diplomatic agent shall be inviolable. He shall not be liable to any
form of arrest or detention. The receiving State shall treat him with due respect and shall
take all appropriate steps to prevent any attack on his person, freedom or dignity. 
 A diplomatic agent shall enjoy immunity from the criminal jurisdiction of the
receiving State. He shall also enjoy immunity from its civil and administrative jurisdiction,
except in the case of: (a) A real action relating to private immovable property situated in
the territory of the receiving State, unless he holds it on behalf of the sending State for
the purposes of the mission; (b) An action relating to succession in which the diplomatic
agent is involved as executor, administrator, heir or legatee as a private person and not
on behalf of the sending State; (c) An action relating to any professional or commercial
activity exercised by the diplomatic agent in the receiving State outside his official
functions. 
  The immunity of a diplomatic agent from the jurisdiction of the receiving State
does not exempt him from the jurisdiction of the sending State.  
 The immunity from jurisdiction of diplomatic agents and of persons enjoying
immunity may be waived by the sending State.  
 These prevent interference with the private as well as public life of diplomatic
staff and so ensure they are able to carry out their mission – ne impediatur legatio.  
 The immunities are extended to family members forming part of the household,
who are not nationals of the host state. 
  Diplomatic immunity does not attach to the individual but is rather an extension
of the sovereignty of the sending state. 
 That state has the power to waive or maintain that immunity, as it is for
that state’s benefit, not that of the individual to whom it attaches.  
 Diplomatic personnel are immune from criminal jurisdiction and powers of arrest
and detention. 
 The host state can declare a diplomat persona non grata and require the sending
state remove him or her. If the sending state does not remove its representative within a
reasonable time, the host state may cease to recognize the diplomat as part of
the mission, and act as though diplomatic immunity has lapsed.  
 Civil jurisdiction may be exercised over diplomatic staff only to the extent that it is
relevant to their private activities. Specifically, jurisdiction may be exercised in matters
relating to real property in the host state, not held for an official purpose, succession, and
any professional or commercial activities beyond their official role. 
 Personnel have the ability to waive their immunity by voluntarily submitting to the
jurisdiction. The immunity could not then be raised to have a counterclaim struck out. 
 The premises of foreign diplomatic missions are inviolable . They remain part of
the territory of the host state, but the authorities of the host state may not exercise
jurisdiction on the premises of a foreign diplomatic mission without the express consent of
the head of the mission.  
 The private residences of individual diplomatic personnel are inviolabl e, as are
any records, papers and correspondence. The property of the foreign mission may not be
subject to search, requisition, attachment or execution; the diplomatic bag, courier, coded
messages and cipher may not be ‘violated’.  
 Diplomatic agents are immune from any requirements to pay taxes. 
 Where a diplomat is a permanent resident or national of the receiving state, a
number of these immunities do not apply. 
o Article 43,1963 Vienna Convention on Consular Relations 
 Consular officers and consular employees shall not be amenable to the
jurisdiction of the judicial or administrative authorities of the receiving State in respect of
acts performed in the exercise of consular functions. It shall not apply in respect of a civil
action (a) arising out of contract concluded by a consular officer or a consular employee
in which he did not contract expressly or impliedly as an agent of the sending State; or (b)
by a third party for damage arising from an accident in the receiving State caused by a
vehicle, vessel or aircraft. 
 Heads of consular posts are divided into four classes, namely (a) consuls-
general; (b) consuls; (c) vice-consuls; (d) consular agents. 
X. STATE RESPONSIBILITY 
 
 STATE RESPONSIBILITY 
o An important principle grounded in sovereign equality is that every internationally
wrongful act of a state entails the international responsibility of that state. 
 
 INTERNATIONALLY WRONGFUL ACT 
 
o An internationally wrongful act is defined as an action or omission that: 
1. Is attributable to the state, and 
2. Constitutes a breach of an international obligation of the state 
 
o There is no requirement that damage be caused to another state. 
o The characterization of an act as internationally wrongful is not affected by its
characterization in internal law. This reflects the basic principle that a state may not legislate
away its international obligations or plead insufficiency of its internal law. 
 
Principle of Objective Responsibility 
 o The responsibility for the acts of the officials or organs of a state, which devolve upon it
even in the absence of any “fault” of its own. 
 
Act of State 
 Every sovereign state is bound to respect the independence of every other state, and the
courts of one country will not sit in judgment on the acts of the government of another, done
within its territory, redress of grievances by reason of such acts must be obtained through the
means open to be availed of by sovereign powers as between themselves. (Banco Nacional
de Cuba v. Sabbatino, 376 U.S. 398, 84 S. Ct. 923 (1964), citing Underhill v. Hernandez, 168
U.S. 250, 18 S. Ct. 83, 42 L. Ed. 456 (1897)). 
 
 ATTRIBUTION 
 A state is internationally responsible if a breach of a primary obligation is attributed it.  
 imputing an act to a state is a necessary prerequisite for responsibility to accrue to that
state. 
 
Conduct of Organs of a State 
 The conduct of any state organ shall be considered an act of the state, whether the organ
exercises legislative, executive, judicial or any other function, whatever position it holds in the
organization of the state, and whatever its character as an organ of the central government or
of a territorial unit of the state. 
 An organ includes any person or entity which has that status in accordance with the
internal law of the state. 
 The fact that an organ of an autonomous government in a federation commits the
wrongful act does not absolve the state of responsibility. 
 
Conduct of persons or entities exercising elements of Government Authority 
 Actions of persons who are not state organs will be attributed to the state if they are
empowered to exercise elements of governmental authority and they act in that capacity in
the particular instance. 
 Two elements must be satisfied 
1. The power exercised is of a governmental nature 
a. The first enquiry is whether there is a high level of government control
of the entity. 
b. The second enquiry is whether the functions being exercised are
‘typically’ or ‘essentially’ state functions. 
2. The entity was empowered to exercise it. 
a. This requirement shields the state from responsibility where it has not
appointed the entity to the functions it is purportedly exercising. 
 The conduct of an organ of a State or of a person or entity empowered to exercise
elements of the governmental authority shall be considered an act of the State under
international law if the organ, person or entity acts in that capacity, even if it exceeds its
authority or contravenes instructions. 
 In the context of international humanitarian law, acts of members of the armed forces
during an armed conflict are always attributable to the state, even though they may not have
been acting in that capacity. 
 
Conducts directed or controlled by a State 
 The conduct of a person or group of persons shall be considered an act of a State under
international law if the person or group of persons is in fact acting on the instructions of, or
under the direction or control of, that State in carrying out the conduct. 
 Two distinct elements 
1. Acting on the instructions of the state 
2. Under the direction or control of the state 
 Where unorganized individuals are concerned, the ‘effective control’ test would apply.  
  Where individuals make up an organized and hierarchically structured group, such as a
military unit or armed bands of rebels, the test is one of ‘overall control’. 
 Mere financing, training, equipping or providing operational support to the group would
not suffice, but the conduct will be attributable if the state ‘has a role in organizing,
coordinating or planning the military actions of the military group’. 
 One of the contemporary implications of the ICJ’s ‘effective control’ test is to make
it much more difficult to hold states accountable for the use of mercenaries and private military
firms. 
 
Conduct carried out in the absence or default of the official authorities 
 The conduct of a person or group of persons shall be considered an act of a State under
international law if the person or group of persons is in fact exercising elements of the
governmental authority in the absence or default of the official authorities and in
circumstances such as to call for the exercise of those elements of authority. 
 
Conduct of an insurrectional or other movement  
 The conduct of an insurrectional movement which becomes the new Government of a
State shall be considered an act of that State under international law. 
 The conduct of a movement, insurrectional or other, which succeeds in establishing a
new State in part of the territory of a pre-existing State or in a territory under its administration
shall be considered an act of the new State under international law. 
 Another avenue of attribution is where a state acknowledges and adopts conduct as its
own. 
 It should be noted that mere support or endorsement will not suffice – the conduct must
be adopted as the state’s own. 
 The conduct of rebels is not attributed to the state if the state is not negligent
in suppressing the rebellion.  
 If the insurrection is successful and the group eventually becomes the government of the
state (or a new breakaway state), actions of members of that group carried out in that capacity
during the insurrection will be attributed to the state. 
 
Conduct acknowledged and adopted by a State as its own 
 Conduct which is not attributable to a State under the preceding articles shall
nevertheless be considered an act of that State under international law if and to the extent
that the State acknowledges and adopts the conduct in question as its own. 
 
Derived Responsibility 
 A State which “aids or assists” or “directs and control” another State in the
commission of an internationally wrongful act by the latter is internationally responsible for
doing so if:  
a. that State does so with knowledge of the circumstances of the internationally
wrongful act; 
b. the act would be internationally wrongful if committed by that State. 
 
 It has two elements: the physical element, and the mental element. 
o Physical element - include conduct that makes it materially easier for
another state to commit a wrongful act. 
o Mental element - What is required is knowledge of the ‘specific intent’ of the
other state.  
 
 A state is responsible where it coerces another state to commit a wrongful act, with
knowledge of the circumstances of the wrongful act. Coercion amounts to force majeure for
the coerced state as a result of the use of force, severe economic pressure or other
measures forcing the coerced state to commit the wrongful act. 
 
Lex Specialis 
 engages state responsibility for ‘harbouring’ or ‘supporting’ terrorists. 
 
 BREACH OF AN INTERNATIONAL OBLIGATION 
o There is a breach of an international obligation by a State when an act of that State is not
in conformity with what is required of it by that obligation , regardless of its origin or
character. 
o An act of a State does not constitute a breach of an international obligation unless the
State is bound by the obligation in question at the time the act occurs. 
 
 CIRCUMSTANCES PRECLUDING WRONGFULNESS 
o Consent  - Valid consent by a State to the commission of a given act by another State
precludes the wrongfulness of that act in relation to the former State to the extent that the act
remains within the limits of that consent. 
o Self-defence - The wrongfulness of an act of a State is precluded if the act constitutes a
lawful measure of self-defence taken in conformity with the Charter of the United Nations. 
o Countermeasures in respect of an internationally wrongful act  - The wrongfulness
of an act of a State not in conformity with an international obligation towards another State is
precluded if and to the extent that the act constitutes a countermeasure taken against the
latter State. 
o Force majeure -  The wrongfulness of an act of a State not in conformity with an
international obligation of that State is precluded if the act is due to force majeure, that is the
occurrence of an irresistible force or of an unforeseen event, beyond the control of the State,
making it materially impossible in the circumstances to perform the obligation. 
o Distress  - The wrongfulness of an act of a State not in conformity with an international
obligation of that State is precluded if the author of the act in question has no other
reasonable way, in a situation of distress, of saving the author’s life or the lives of other
persons entrusted to the author’s care. 
o Necessity - Necessity may not be invoked by a State as a ground for precluding the
wrongfulness of an act not in conformity with an international obligation of that State unless
the act: (a) is the only way for the State to safeguard an essential interest against a grave and
imminent peril; and (b) does not seriously impair an essential interest of the State or States
towards which the obligation exists, or of the international community as a whole. 
 
 RELIEF 
 
Continued duty of performance 
o The legal consequences of an internationally wrongful act under this part do not affect the
continued duty of the responsible State to perform the obligation breached. 
 
Cessation and non-repetition 
o The State responsible for the internationally wrongful act is under an obligation: (a) to
cease that act, if it is continuing; (b) to offer appropriate assurances and guarantees of non-
repetition, if circumstances so require. 
 
Reparation  
o The responsible State is under an obligation to make full reparation for the injury
caused by the internationally wrongful act. 
o  Injury includes any damage, whether material or moral, caused by the internationally
wrongful act of a State. 
o Forms of Reparation - Full reparation for the injury caused by the internationally
wrongful act shall take the form of restitution, compensation and satisfaction, either singly or
in combination, in accordance with the provisions of this chapter. 
 
 1. Restitution  - to make restitution, that is, to re-establish the situation which
existed before the wrongful act was committed. Restitution is not available if : (a) is not
materially impossible; (b) does not involve a burden out of all proportion to the benefit
deriving from restitution instead of compensation. Restitution can take the form of
restoration of territory, persons or property or reversal of a juridical act. 
2. Compensation -  to compensate for the damage caused thereby, insofar as
such damage is not made good by restitution. The compensation shall cover any
financially assessable damage including loss of profits insofar as it is established. 
3. Satisfaction -  to give satisfaction for the injury caused by that act insofar as it
cannot be made good by restitution or compensation. Satisfaction may consist in an
acknowledgement of the breach, an expression of regret, a formal apology or another
appropriate modality. Satisfaction shall not be out of proportion to the injury and may not
take a form humiliating to the responsible State. 
4. Interest - Interest on any principal sum due under this chapter shall be payable
when necessary in order to ensure full reparation. The interest rate and mode of
calculation shall be set so as to achieve that result. Interest runs from the date when the
principal sum should have been paid until the date the obligation to pay is fulfilled. 
 
 INVOCATION OF THE RESPONSIBILITY OF A STATE 
 Invocation of responsibility by an injured State  
o A State is entitled as an injured State to invoke the responsibility of another State if the
obligation breached is owed to: (a) that State individually; or (b) a group of States including
that State, or the international community as a whole, and the breach of the obligation: (i)
specially affects that State; or (ii) is of such a character as radically to change the position of
all the other States to which the obligation is owed with respect to the further performance of
the obligation. 
 
o It is the commencement of proceedings before an international court or tribunal. 
 
 
 Loss of the right to invoke responsibility  
o The responsibility of a State may not be invoked if: (a) the injured State has validly
waived the claim; (b) the injured State is to be considered as having, by reason of its conduct,
validly acquiesced in the lapse of the claim. 
 
 Invocation of responsibility by a State other than an injured State 
o  Any State other than an injured State is entitled to invoke the responsibility of another
State in accordance with paragraph 2 if: (a) the obligation breached is owed to a group of
States including that State, and is established for the protection of a collective interest of the
group; or (b) the obligation breached is owed to the international community as a whole. 
o Article 48(1)(b) reflects the principle that erga omnes obligations, including but not
limited to jus cogens norms, can be invoked by any state. 
o Where a state commits a serious (that is gross or systematic) breach of jus cogens, all
states have a duty to cooperate to end the breach through lawful means. 
o Any State entitled to invoke responsibility under paragraph 1 may claim from the
responsible State: (a) cessation of the internationally wrongful act, and assurances and
guarantees of non-repetition in accordance with article 30; and (b) performance of the
obligation of reparation in accordance with the preceding articles, in the interest of the injured
State or of the beneficiaries of the obligation breached. 
 
 Plurality of responsible States 
o Where several states are injured by the same wrongful act, each may separately invoke
responsibility. 
 o Where several states are responsible for the same internationally wrongful act, the
responsibility of each may be invoked. 
 
 COUNTERMEASURES 
o International law distinguishes between 
1. Reprisals – forcible unlawful responses. It is prohibited. 
2. Countermeasures – non-forcible unlawful responses 
3. Retorsions – unfriendly but lawful responses 
 
o An injured state may take countermeasures that comprise non-performance of
obligations it owes to the responsible state, provided resumption of the obligation is
possible. 
o countermeasures must be ‘commensurate with the injury suffered’, in view of the gravity of
the wrongful act and the importance of the rights in question. 
o Before taking countermeasures, the injured state must notify the responsible state of
its decision and offer to negotiate, but it can dispense with this requirement if
urgent countermeasures are necessary to preserve its rights. 
 
 State’s Diplomatic Protection over its natural and juristic persons 
o “A State is entitled to protect its subjects, when injured by acts contrary to international
law committed by another State, from whom they have been unable to obtain satisfaction
through the ordinary channels.” 
XI. INTERNATIONAL LAW AND THE USE OF FORCE 
 
 Kellogg-Briand Pact 
o The General Treaty for the Renunciation of War as an Instrument of
National Policy (1928) (commonly referred to as the Kellogg-Briand Pact) is a
multilateral treaty that remains in force to the present day. 
o The Kellogg–Briand Pact or Pact of Paris is a 1928 international agreement on
peace in which signatory states promised not to use war to resolve "disputes or conflicts
of whatever nature or of whatever origin they may be, which may arise among them". The
pact was signed by Germany, France, and the United States on 27 August 1928, and by
most other states soon after. 
o The Kellogg-Briand Pact has been recognized as the background to
customary international law regarding the prohibition on the use of force. 
 
o Two critical elements for prohibiting the use of force under the Kellogg-Briand
Pact: 
i. States are not to have recourse to war to resolve international
disputes. 
ii. States have an obligation to settle disputes exclusively by peaceful
means. 
 
o It is part of the 1987 Philippine Constitution under Section 2, Article II: The
Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity with all nations. 
 
 Declaration of the Existence of a State of War (Section 23, Article VI) 
 
 SECTION 23. (1) The Congress, by a vote of two-thirds of both Houses in joint
session assembled, voting separately, shall have the sole power to declare the
existence of a state of war. 
  (2) In times of war or other national emergency, the Congress may, by law,
authorize the President, for a limited period and subject to such restrictions as it may
prescribe, to exercise powers necessary and proper to carry out a declared national
policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease
upon the next adjournment thereof. 
 
 Use of Force 
 Article 2(4) of the UN Charter prohibits the use and threat of force, except in
specifically designated circumstances, and emphasizes the requirement for states to
settle their differences by peaceful means. 
o All Members shall settle their international disputes by peaceful means in
such a manner that international peace and security, and justice, are not
endangered. 
o All Members shall refrain 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 Purposes of the United Nations. 
 
 A state can be in breach of the general prohibition on the use of force even
if the territorial sovereignty of another state is not breached. 
o The International Court of Justice held that a state is not permitted to
place its own territory at the disposal of another for the purpose of
preparing for an attack against a third state, nor to provide weapons, funding
or training to opposition groups or mercenaries in a foreign state. 
o A state that threatens the use of force will also have violated the
prohibition on the use of force.  
 
 At times it has been argued that a particular use of force by a state has not
violated the territorial integrity or political independence of another state, and
therefore was not in breach of Article 2(4) of the UN Charter.  
o There was considerable support for the proposition that, in
circumstances where the nationals of a state are at risk, a state may
intervene militarily to rescue them and that such an incursion would not be
a violation of the territorial integrity or political independence of that state. 
 
o To overcome this prohibition on international action when a crisis or conflict
is contained within a single state, without expressly encroaching on a state’s sovereignty,
states have at times – and selectively – developed legal justifications to intervene
in, and to mitigate the impact of, humanitarian crises.  
 
o Legal justifications to intervene: 
1. Doctrine of humanitarian intervention 
2. Doctrine of the responsibility to protect 
3. Delivery of humanitarian aid 
4. Role of regional organizations 
 
 Delivery of humanitarian aid 
 The importance of delivering humanitarian aid is enshrined in Article 1(3) of the UN
Charter as one of the fundamental purposes of the UN – namely ‘to achieve international
co-operation in solving international problems of an economic, social, cultural, or
humanitarian character’. 
 The stated aim of humanitarian assistance is to ensure a return to sustainable
livelihoods and to strengthen the capacity of affected communities to prevent and
mitigate future crises. 
 A useful definition of humanitarian aid is provided by the Principles and Good
Practice of Humanitarian Assistance (‘Stockholm Principles’).  
 o The objectives of humanitarian action are to save lives, alleviate suffering and
maintain human dignity during and in the aftermath of man-made crises and
natural disasters as well as to prevent and strengthen preparedness for the
occurrence of such situations. 
o In addition to the provision of emergency food and water supplies, humanitarian
aid can include medical supplies, temporary shelters and sanitation
equipment. 
 
 Regional Peacekeeping and Enforcement Actions 
o The UN Charter explicitly allows for the operation of regional peacekeeping
and enforcement organizations. 
o  Rather than simply relying on the Chapter VII authority of the Security Council,
regional organizations can be granted a specific mandate to respond to an
emerging threat to international peace and security. 
1. North Atlantic Treaty Organization (NATO)  
2. ANZUS Alliance (Australia, New Zealand and USA). 
 
o These organizations require their members to commit to take varying
degrees of collective action should a fellow member be subjected to an armed attack. 
o As part of this commitment Member States often share intelligence resources
and information, participate in joint military exercises and collaborate to establish
regional security objectives. 
o Article 52 of the UN Charter allows regional agencies to deal with ‘matters
relating to the maintenance of international peace and security as are appropriate
for regional action’, on condition that they act in accordance with UN purposes and
principles and ‘make every effort to achieve pacific settlement of local disputes’ (with the
encouragement of the Security Council) before referring them to the Security Council. 
o Article 53 of the UN Charter enables regional agencies, where appropriate
and with the authorization of the Security Council, to undertake enforcement action on
behalf of the UN.  
o In all activities undertaken or contemplated by regional agencies for the
maintenance of international peace and security, the Security Council must be at all
times kept fully informed. 
 
North Atlantic Treaty Organization (NATO) 
o NATO is a collective security system: its independent member states agree to
defend each other against attacks by third parties.  
o The North Atlantic Treaty Organization  (NATO) also called the North Atlantic
Alliance, is an intergovernmental military alliance between 31 member states – 29
European and two North American.  
o Established in the aftermath of World War II, the organization implemented the
North Atlantic Treaty, signed in Washington, D.C., on 4 April 1949. 
o During the Cold War, NATO operated as a check on the threat posed by the
Soviet Union. 
o The alliance remained in place after the dissolution of the Soviet Union and the
Warsaw Pact, and has been involved in military operations in the Balkans, the Middle
East, South Asia, and Africa.  
o NATO's main headquarters are located in Brussels, Belgium, while NATO's
military headquarters are near Mons, Belgium. The alliance has targeted its NATO
Response Force deployments in Eastern Europe, and the combined militaries of all
NATO members include around 3.5 million soldiers and personnel. 
 
ANZUS (Australia, New Zealand, and USA) 
o ANZUS Pact, formally Pacific Security Treaty, security treaty between Australia,
New Zealand, and the United States that was signed in San Francisco, Calif., on Sept. 1,
 1951, for the purpose of providing mutual aid in the event of aggression and for settling
disputes by peaceful means. It came into force in 1952. The three countries’ initials
provided the acronyms for the treaty and the organization that grew out of it. The United
States offered the pact to Australia as compensation for the prospect of Japanese
rearmament. Under the terms of the treaty, the three nations maintained a consultative
relationship with each other and strove to ensure their collective security in the Pacific
region. 
 
 Humanitarian Intervention 
o The justifiable use of force for the purpose of protecting the inhabitants of
another state from treatment so arbitrary and persistently abusive as to exceed the limits
which the sovereign is presumed to act with reason and justice. 
 
o This course of action is mostly considered  
 where a domestic government is an active participant (including
mass arbitrary killings, forced expulsions and the deliberate targeting of ethnic
groups), or  
 where a state is simply unable to protect its own citizens from
gross violations of human rights. 
 
o Of primary significance to understanding the doctrine of humanitarian
intervention is that it is military action taken by a collective of states outside a
Security Council mandate, usually because one or more permanent members of the
Security Council have threatened to veto any attempt to achieve Chapter VII
authority for the use of force.  
o Humanitarian intervention concerns the forcible intervention within the
sovereign territory of a state to prevent or mitigate the impact of a conflict or
massive human rights violations. 
 
 Principle of Sovereignty 
 The independent authority of a state within its own domestic jurisdiction as reflected in
Article 2(7) of the UN Charter. 
 
 Principle of non-intervention 
 The prohibition of the threat or use of force against the territorial integrity or political
independence of any state (Article 2.4 of the Charter). 
 Under Article 2.4 of the UN Charter, all Members shall refrain 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 Purposes of the
United Nations. 
 
 Right to Self-defence 
 The most significant exception to the prohibition on the use of force is the right to
self-defence. 
 It has long been recognized under international law that if an armed attack occurs
against a state, it is the inherent right of that state to use force to defend itself. 
 Jurisprudence following the Caroline dispute regarded the practice of self-defence
as an act of self-preservation, which could only be permitted in dire circumstances. 
 Article 51 of the UN Charter reserves the right of states to engage in individual or
collective self-defence. 
o Nothing in the present Charter shall impair the inherent right of individual
or collective self-defence if an armed attack occurs against a Member of the
United Nations, until the Security Council has taken measures necessary to
maintain international peace and security. Measures taken by Members in the
exercise of this right of self-defence shall be immediately reported to the Security
 Council and shall not in any way affect the authority and responsibility of the Security
Council under the present Charter to take at any time such action as it deems
necessary in order to maintain or restore international peace and security. 
 
 Requirements for a valid act of self-defence: 
o It will be for that Government to show a necessity of self-defence, instant,
overwhelming, leaving no choice of means, and no moment for deliberation  and did
nothing unreasonable or excessive; since the act, justified by the necessity of
self-defence, must be limited by that necessity and kept clearly within it. 
 
 Two requisites: 
1. Necessity 
2. Proportionality 
 
 Armed Attack 
 The ICJ attempted to define an ‘armed attack’ for the purposes of Article 51 as follows:
An armed attack must be understood as including not merely action by regular armed forces
across an international border, but also ‘the sending by or on behalf of a State of armed
bands, groups, irregulars or mercenaries, which carry out acts of armed force against
another State of such gravity as to amount to’ (inter alia) an actual armed attack conducted
by regular forces, ‘or its substantial involvement therein.’ 
 
  Collective Self-Defense 
 A victim state can seek assistance from other states to repel an ‘armed attack’.
(Article 51 of UN Charter) 
 To permit other states to assist in a collective self-defence action, the state for whose
benefit the action is taken must consider itself to be the victim of an armed attack. 
 A state cannot engage in acts of collective self-defence until the target of an armed
attack requests assistance. If this assistance is requested, the intervening state must notify
the Security Council in accordance with Article 51 of the UN Charter. 
 
 Anticipatory Self-Defence 
 Article 51 of the UN Charter explains that a state has the right to act in self-defence
‘if an armed attack occurs’. A literal interpretation of the wording of Article 51 suggests
that an armed attack must already be in progress before a state can legitimately act in
self-defence. This appears to exclude any right to engage in acts of anticipatory self-
defence. 
 
 Pre-emption 
 The notion of pre-emption allows a state the right to use military force to nullify a
perceived threat to its sovereignty or territorial integrity.  
 The state acting in pre-emption does not have to be expecting an armed attack, and
can simply be responding to a perceived military threat. 
 
 Bush Doctrine 
 Pre-emption was included in the very controversial 2002 National Security Strategy of
the United States of America, commonly known as the ‘Bush Doctrine’. In response to the
attacks of 11 September 2001, President Bush argued that the United States has the right to
eliminate the threat posed by a ‘rogue state and their terrorist clients’. 
 The Bush Doctrine is an aggressive policy that overtly threatens the sovereignty of
adversaries of the US.  
 
 Doctrine of Responsibility to Protect (R2P) 
  The central theme of R2P is that every sovereign state has a responsibility to protect
its own citizens from avoidable catastrophes, including mass murder, rape and
starvation. 
 When the government of a state is unwilling or unable to protect its own citizens
from these atrocities, the responsibility to protect must be borne by the international
community. 
 The R2P doctrine seeks to establish broad rules of engagement for a military
intervention in response to a humanitarian crisis. 
 The R2P doctrine differs from the doctrine of humanitarian intervention, which
occurs outside of Security Council authorization. 
 
XII. PACIFIC RESOLUTION DISPUTE 
 
 Legal Framework 
 Article 2(4) of the UN Charter prohibits the threat or use of force by states other than in
individual or collective self-defence (Article 51). 
 Article 2(3) provides that all members ‘shall settle their international disputes by peaceful
means in such a manner that international peace and security, and justice, are not
endangered’.  
 Article 33(1) further obliges parties to a dispute to seek resolution first by  
1. negotiation,  
2. enquiry,  
3. mediation,  
4. conciliation,  
5. arbitration,  
6. judicial settlement,  
7. resort to regional agencies or arrangements, or  
8. other peaceful means of their own choice’.  
 Article 33(2) gives the Security Council the power to call upon parties to settle
disputes by such means as those listed in Article 33(1) when it deems necessary. 
 The Security Council also has the power under Chapter VII to take measures to
maintain or restore international peace and security, which includes the creation of
international criminal tribunals. 
 
 Negotiation 
 Negotiation involves discussions between the disputing parties seeking to understand the
different positions they hold in order to resolve the dispute.  
 There is generally no third party involvement, and the negotiations are purely
consensual and informal. 
 
 Inquiry 
 Article 50 of the International Court of Justice Statute provides that the Court may ‘at
any time, entrust any individual, body, bureau, commission, or other organization that it may
select, with the task of carrying out an enquiry or giving an expert opinion’. 
 
 Good Offices 
 Good offices, an informal means of assisting parties to resolve a dispute, involves the
attempt by an impartial third party to influence the disputing parties to enter into
negotiations.  
 An unusual example was the Beagle Channel dispute in which the Pope was requested
by both parties to provide his good offices in a dispute between Argentina and Chile, and at
his suggestion both countries agreed to comply with the proposed outcome. 
  An example of this was the use by Barack Obama of former US President Bill Clinton to
assist in negotiating the release of US journalists held by North Korea in 2009, and former US
President Jimmy Carter to secure the release of an American citizen in 2010. 
 
 Mediation 
 Both mediation and conciliation are open to the parties in dispute as a flexible means
of dispute resolution. 
 A mediator facilitates negotiations between the parties, and may propose solutions to
the dispute. Therefore, the mediator will need to be well respected, accepted by all parties
and sensitive to a range of different contextual issues. 
 
 Conciliation 
 Conciliation involves a third party investigation of the basis of the dispute and
submission of a report suggesting means by which a settlement may be reached. 
 Conciliation reports are not binding, and this differentiates them from arbitration. As with
inquiry, conciliation has become less popular as a method of resolving disputes. 
 
 Arbitration 
 Arbitration is a binding form of dispute resolution.  
 Arbitration may arise out of a treaty provision or as a result of an ad hoc agreement. 
 Article 37 of the Hague Convention contains the accepted definition of arbitration at
international law: 
o International arbitration has for its object the settlement of disputes between
States by Judges of their own choice and on the basis of respect for law. Recourse to
arbitration implies an engagement to submit in good faith to the Award. 
 It can be distinguished from judicial resolution as it is normally an ad hoc body, created
specifically for the resolution of a particular dispute. 
 The parties have greater control over the process in that they must agree on how the
case will run with regard to the issues to be decided and, although international law is
applied, the parties may agree that certain principles be considered. 
 One prominent example of international arbitration is the Rainbow Warrior case. 
o France and New Zealand were involved in a dispute after the French military
security service sank the Rainbow Warrior ship while in Auckland Harbour in 1985. 
 
Diplomatic Protection 
 Although not limited to international arbitration, the diplomatic protection of a state
over its natural or juristic persons has typically taken place through arbitral tribunals and
mixed claims commissions. 
 There exist two special procedural rules that operate as a precondition to the
admissibility of claims for diplomatic protection. 
1. There should be a bond of nationality between the state and the injured person,
or corporation. 
2. The national must take the case to the highest court of the responsible state
before a claim for diplomatic protection is available; this is known as the ‘exhaustion
of local remedies’ requirement. 
 
 International Tribunals 
 These tribunals have enjoyed increasing success in recent years, and there is a growing
willingness for states and non-state actors to have recourse to these bodies as a result of
mounting recognition of the competence of these bodies in resolving disputes. 
 Specialist tribunals can assist in encouraging compliance with international law
through the compulsory jurisdiction they often enjoy and supporting the ICJ in the ever
increasing international case workload.  
 
WTO Appellate Body 
 The establishment of the Appellate Body of the World Trade Organization (WTO) in
1995 is perhaps the most remarkable and effective development in international dispute
resolution. 
 The Appellate Body is made up of 7 permanent members broadly representing the
range of WTO membership. 
 Each appeal is heard by three members, who may then elect to uphold, modify or
reverse the legal findings of the panel which was set up to resolve the particular dispute. 
 Appeals can only be initiated by parties to a dispute and have to be based on
points of law; there is no scope for the Appellate Body to consider new issues or to re-
examine evidence. 
 Once the Appellate Body Reports are adopted by the Dispute Settlement Body (DSB),
the parties are compelled to accept the findings. 
 The ability of the Appellate Body to mandate compliance with the WTO agreement
makes it one of the most powerful means of dispute resolution in the world, significantly
developing the area of international trade law. 
 
International Tribunal for the Law of the Sea 
 The ITLOS is a permanent intergovernmental organization established by Annex VI of
the United Nations Convention on the Law of the Sea (UNCLOS). 
 It consists of 21 independent members ‘of recognized competence in the fi eld of the
law of the sea’. 
 ITLOS only has the power to resolve disputes between states, which includes the
European Community. 
 Since its commencement in 1996, 15 cases have been submitted to ITLOS for its
review.  
 
International Criminal Court 
 The International Criminal Court (ICC) was created by the Rome Statute of the
International Criminal Court (‘Rome Statute’), which came into effect on 1 July 2002, and
is the world’s first permanent international criminal court. 
 It complements, and will soon supersede, a wide range of modern international and
hybrid war crimes tribunals, the most important of which is the International Criminal
Tribunal for the former Yugoslavia (ICTY). 
 
 The ICC has jurisdiction to prosecute some of the most serious crimes of
international concern, including 
1. genocide,  
2. crimes against humanity 
3. war crimes 
4. crime of aggression 
 Its jurisdiction is complementary to that of national courts, which means that the
Court will act only when states themselves are unwilling or unable to investigate or
prosecute. 
 The ICC may exercise its jurisdiction on referral by a State Party or by the Security
Council, or through the prosecutor initiating an investigation ‘proprio motu on the basis
of information’ on crimes within the ICC’s jurisdiction. 
 
Human Rights Mechanism 
 International mechanisms are often used for the monitoring of human rights treaties.  
 These mechanisms can be divided into three major categories: 
1. periodic reporting by governments 
2. international complaints 
3. inquiry procedures 
 The most successful of these is the European Court of Human Rights. 
  
European Court of Human Rights 
 The principal reason for the success of the European Court is the compulsory
jurisdiction it exercises over the 47 signatories to the European Convention on Human
Rights, combined with the practically binding impact of its judgments.  
 Compliance is then ensured by the Committee of Ministers of the Council of Europe,
a political body. 
 The importance of the Court also lies in the wealth of jurisprudence it provides on
international human rights norms, which are analogous to the ICCPR and other regional
human rights instruments. 
 The jurisprudence of the Court impacts globally on human rights norms and is referred to
broadly by national and other international courts and tribunals as authoritative. 
 
International Court of Justice 
 The International Court of Justice, commonly known as the ‘World Court’, is the principal
judicial organ of the United Nations. 
 It was created in 1945, succeeding the Permanent Court of International Justice. 
 Article 93(1) of the UN Charter states that all members of the UN are parties to the
Statute of the International Court of Justice. 
 The ICJ can be engaged in a dispute by the operation of Articles 35(1) and 36(1) of the
UN Charter. 
o Article 35(1) provides a means for a Member of the United Nations to bring a
dispute before the General Assembly or Security Council.  
o Article 36(1) then provides a means for the Security Council to ‘recommend
appropriate procedures or methods of adjustment’, including referral to the
International Court of Justice. 
 The Statute of the ICJ sets out the organization of the court. Article 2 sets out the
requirements for appointment to the Court, stating: “The Court shall be composed of a
body of independent judges, elected regardless of their nationality from among persons of
high moral character, who possess the qualifications required in their respective
countries for appointment to the highest judicial offices, or are jurisconsults of recognized
competence in international law.” 
 The Court consists of 15 members, with a maximum of two from any one state. 
 Judges are elected through a process whereby states nominate suitable candidates, and
a simultaneous vote is held by the General Assembly and Security Council. 
 Members of the Court are elected for a period of nine years, with the possibility of re-
election. 
 Decisions of the court are based on a majority of judges. 
 In determining the relevant law that applies to a dispute, the chief provision to which the
ICJ has recourse is Article 38(1). This provides for the now universally accepted and
recognized sources of international law. 
 The general jurisdiction of the court is set out in Article 36(1): “The jurisdiction of the
Court comprises all cases which the parties refer to it and all matters specially provided for in
the Charter of the United Nations or in treaties and conventions in force.” 
 This general jurisdiction is extended by ‘transferred jurisdiction’, provided under
Articles 6(5) and 37, which allows for agreements made granting jurisdiction to the PCIJ to
carry over automatically to the ICJ. 
 For a case to be brought before the ICJ, Article 36(2) of the Court’s Statute requires it to
be a legal dispute. 
 If there is a question in a case as to whether or not the Court has jurisdiction, two
principles must be considered. The first is the compétence de la compétence principle,
whereby Article 36(6) of the ICJ Statute provides that, in a dispute regarding the jurisdiction of
the Court to hear a case, ‘the matter shall be settled by the decision of the Court’. 
  There is also a mechanism, provided by Article 62 of the ICJ Statute, to allow third
parties to intervene where the party has ‘an interest of a legal nature which may be affected
by the decision in the case’. 
 Article 41 of the ICJ Statute gives the Court the power to ‘indicate any provisional
measures which ought to be taken to preserve the respective rights of either party’, a
procedure akin to the domestic remedy of an injunction.  Article 41 also allows the court to
act expeditiously so as to prevent irreparable injury to a dispute.  These measures are
binding upon the relevant state. The Court will grant provisional measures only where clear
evidence of irreparable prejudice has been provided. 
 The most common remedy sought by states is a declaratory judgment in favour of the
applicant, stating that the respondent has breached international law. This may be
combined with a reparation request for the various losses suffered. This can include direct
damage to the state itself, as well as to citizens and property. Once a remedy has been
determined, the question then turns to enforcement. 
 Article 59 of the ICJ provides that a decision of the court ‘has no binding force except
between the parties and in respect of that particular case’. This Article, therefore,
indicates that the decision in a particular case is binding on the parties involved in the
dispute alone, in line with the absence of stare decisis. 
 As Advisory Opinions merely provide clarity to an area of law, they are not binding on
any one state, although obviously if a state does not comply with clear statements of law
made, this can result in a breach of international law giving rise to a subsequent application
by another state. 
 
Principle of competence-compentence 
 The first is the compétence de la compétence principle, whereby Article 36(6) of the
ICJ Statute provides that, in a dispute regarding the jurisdiction of the Court to hear a case,
‘the matter shall be settled by the decision of the Court’. 
 
Compromis 
 States may refer a matter to the ICJ through a special agreement or compromis,
consenting to its jurisdiction on an ad hoc basis.  
 
Forum Prorogatum (Prorogated Jurisdiction) 
 Where a state makes a unilateral application to the Court, under certain circumstances
the Court may determine that the respondent state has subsequently consented. 
 One of the advantages of utilizing prorogated jurisdiction is that making a unilateral
application to the ICJ provides an opportunity to convince the Court to adopt interim
measures of protection, before more closely examining whether or not the respondent state
had in fact consented to its jurisdiction. 
 
Treaties Providing Jurisdiction 
 Treaties will at times make reference to the ICJ, providing for its use in the event of a
dispute over certain terms of the treaty. 
 Where this is the case, Article 36(1) of the ICJ Statute empowers the ICJ to assert
jurisdiction, allowing for jurisdiction over ‘all matters specially provided for . . . in treaties and
conventions in force’. 
 
Optional Clause 
 The ICJ Statute, through Article 36(2), provides an optional method for states to
recognize the jurisdiction of the ICJ. 
 The states parties to the present Statute may at any time declare that they recognize as
compulsory ipso facto and without special agreement, in relation to any other state accepting
the same obligation, the jurisdiction of the Court in all legal disputes concerning:  
1. the interpretation of a treaty 
2. any question of international law 
 3. the existence of any fact which, if established, would constitute a breach of an
international obligation 
4. the nature or extent of the reparation to be made for the breach of an
international obligation. 
 
Reciprocity principle 
 The inclusion in Article 36(2) of the phrase ‘in relation to any other state accepting the
same obligation’ is known as the reciprocity principle. 
 This means that where there is a commonality between two declarations, this can provide
a basis for jurisdiction, although on a practical level the court has experienced some difficulty
in applying this principle. 
 
Advisory Opinion 
 Under Article 65(1) the ICJ is granted the power to give an Advisory Opinion on ‘any
legal question at the request of whatever body may be authorized or in accordance with the
Charter of the United Nations to make such a request’. 
 The purpose of an Advisory Opinion is to provide guidance on the legal principles
governing a particular area of law.  
 An Advisory Opinion is, as the name suggests, not binding upon any of the parties,
but its importance cannot be denied.  
 Whilst political grounds are not sufficient to decline a request to provide an Advisory
Opinion, the court still retained discretion to decline to provide an Advisory Opinion,
based on the ‘permissive character of Article 65’. 
 
 
 
 
 
XIII. Principles 
 
 What are the elements of statehood? 
The state as a person of international law should possess the following qualifications: (a) a
permanent Population; (b) a defined Territory; (3) Government; and (4) Capacity to enter into
relations with other states. (Article 1, 1933 Montevideo Convention) 
 
 Is recognition an element of statehood? 
 
No, it is not an element of statehood. Recognition is not an element of statehood under the 1933
Montevideo Convention. However, contemporary developments in international law have raised the
possibility that additional criteria such as recognition by other states and a willingness to adhere to
international law may now be necessary elements for statehood.   
 
 What are the theories on recognition of a state? 
 
 The theories on recognition of a state are: 
 
Declaratory Theory 
 it treats recognition as a mere political or symbolic act, with no legal ramifications. 
Statehood can be achieved without recognition on from other pre-existing states.  
 
Constitutive Theory 
 recognition on by existing states is a fundamental precondition for the attainment of
statehood for a newly emerging state.  Statehood, as a legal status, springs from the act of
recognition on itself.   
 
 Distinguish the following doctrines: Tobar/Wilson, Stinson, and Estrada? 
 
Tobar/Wilson Doctrine 
 It precludes recognition of any government established by revolutionary means until
constitutional reorganization by free election of representatives.   
 
Stinson Doctrine 
 It precludes recognition of states created as a result of aggression. Non-recognition
occurs when the international community is faced with breaches of international law by one of
its members.  
  
Estrada Doctrine 
 It claims that foreign governments should not judge positively or negatively the
governments or changes in government of other states, as such an action would imply a
breach of state sovereignty. The policy was said to be based on the principles of non-
intervention, peaceful resolution of disputes and self-determination of all nations.  
 
 Principle of State Continuity 
 Principle of State Continuity is a principle of public international law that holds that a state
continues to exist as a legal entity despite changes in its government, territory, or population.
This means that when a state undergoes changes such as a revolution, decolonization, or
secession, it remains bound by its obligations under international law and retains its
international rights and duties. The principle ensures that states are held accountable for their
actions and are bound by their treaty obligations, even if their governments change or their
territory is altered.  
 
 What is Recognition of States? 
 
 Recognition of States is a concept in international law that refers to the acknowledgment
by one state of the legal existence and sovereignty of another state. It is a political act that
can be expressed in various ways, including through the establishment of diplomatic
relations, the exchange of ambassadors, or the signing of treaties. Recognition is important
because it determines whether or not a state is entitled to the rights and privileges of
statehood, including the right to enter into international agreements and to participate in
international organizations.  
 
 What are the effects of Recognition of States? 
 
1. Entitlement to international personality - a recognition of a state by another
state implies that the recognized state is entitled to international personality and can
participate in the international community on an equal footing with other states.  
2. Diplomatic relations - a recognition of a state usually leads to the establishment
of diplomatic relations between the recognizing state and the recognized state.   
3. Obligations under international law - a recognition of a state also implies that
the recognizing state accepts the recognized state as a subject of international law and is
bound by its international obligations towards that state.  
4. Effect on territorial claims - a recognition of a state has an impact on territorial
claims.   
5. Political implications - a recognition of a state can have significant political
implications, both domestically and internationally.   
 
 What are the theories on Recognition of States? 
 
Declaratory Theory 
  Recognition is merely a declaration of an existing fact, which is the emergence of a new
state.  
 The act of recognition does not create the state, but rather acknowledges its existence.    
 This theory suggests that a state is recognized when it meets the criteria of statehood,
such as having a defined territory, a permanent population, a government, and the capacity to
enter into relations with other states.  
 
Constitutive Theory 
 It holds that recognition is a constitutive act that creates the state.   
 According to this theory, a state does not exist until it is recognized by other states.  
 Recognition is seen as a political act that confers legal personality on the state and
enables it to participate in the international community.  
 This theory suggests that recognition is not based solely on the criteria of statehood, but
also on political considerations, such as the interests of other states. 
 
Eclectic Theory 
 it combines elements of both the declaratory and constitutive theories. According to this
theory, recognition is a two-step process. The first step is the emergence of a new state,
which is based on the criteria of statehood. The second step is the act of recognition, which
is a political decision that takes into account both the criteria of statehood and other political
considerations. This theory suggests that recognition is not a purely legal or purely political
act, but rather a combination of both.  
 
 Distinguish de jure from de facto recognition. 
 
De Jure recognition 
 recognition is final. It also brings full diplomatic relations.  
 
De Facto recognition 
 recognition is only provisional and may be withdrawn. It is limited to certain judicial
relations.   
 
 Can the Holy See be considered a state? 
 
 No, the Holy See cannot be considered a state. According to Crawford, Holy See is both
an international legal person in its own right and the government of a state the Vatican City.
The Holy See is the universal government of the Catholic Church and operates from Vatican
City State. It is a sui generis entity with legal personality.  
 
  “Sui generis” entities 
 
 Sui Generis Entities are entities possessing international personality. These are non-
territorial entity with a legal personality akin to that of states. The Holy See is an example.  
 
 Universal Succession Theory 
 
 Under the Universal Succession Theory, the rights and duties of the old State i.e., the
predecessor State pass on to the new State i.e., the successor State upon succession
without any exceptions and modifications.  
 
 Principle of state continuity 
 
 Under the Principle of State Continuity, the disappearance of any of the elements of
statehood would cause the extinction of the State, a mere change as to one or more of the
 elements would not necessarily bring about such extinction. Despite of the changes, the State
continues to be an international person.  
 
 Belligerency 
 Belligerency is the condition of being in fact engaged in war. A nation is deemed a
belligerent even when resorting to war in order to withstand or punish an aggressor. A
declaration of war is not required to create a state of belligerency.  
 
 Uti possidetis Juris doctrine 
 Under the Uti Possidetis Juris Doctrine, it expresses the principle that colonial
boundaries cannot be challenged upon the independence of new states without consent. 
 
 Doctrine of sovereign immunity 
 Under the Doctrine of Sovereign Immunity, one sovereign state cannot be sued before
the courts of another sovereign state without its consent.  
 
 Act of state doctrine 
 Under the “Act of State” Doctrine, national courts must refrain from prosecuting the
validity of official acts carried out by a foreign state within its own territory, except if it commits
violation of international norms with broad consensus of international society.  
 
 What are the Calvo and Drago doctrines? 
 
Calvo Doctrine 
 A legal principle that jurisdiction in international investment disputes lies with the country
in which the investment is located; thus, a foreign investor has no recourse beyond the host
country´s local courts. 
 
Drago Doctrine 
 This doctrine stated that simply failing to repay national debt was not a valid reason for
foreign intervention, especially by a power outside of the Western Hemisphere. The doctrine
was a response to the European powers' blockade of Venezuela, which occurred after the
country defaulted on its debt. Washington accepted and used the Drago doctrine. In order to
prevent further interventions, the United States took control of the customs of several smaller
countries to ensure debt payments were made to Europe. 
 
 Doctrine of sovereign equality of states 
 
 Under the Doctrine of Sovereign Equality of States, all nations should be regarded as
equal with one another. 
 
 Doctrine of non-intervention 
 
 Doctrine of Non-Intervention is part of customary international law and founded upon
the concept of respect for the territorial sovereignty of states. The non-intervention rule is a
principle of international law that restricts the ability of outside nations to interfere with the
internal affairs of another nation. At its core, the principle is a corollary to the right of territorial
sovereignty possessed by each nation. 
 
 Principle of self-determination 
 
 Principle of Self-Determination means that all people have the right to self-
determination. By virtue of that right, they freely determine their political status and freely
pursue their economic, social, and cultural development. 
 
 Distinguish between recognition of states and recognition of governments. 
 
Recognition of States 
 It means the act of acknowledging the capacity of an entity to exercise rights belonging to
the statehood. 
  Recognition of government  
 It is the act of acknowledging the capacity of an entity to exercise powers of government
of a state. The recognition of the states is decided mainly on the basis of political
considerations.  
 
 Distinguish between Extradition and Deportation. 
 
Extradition   
 It refers to the process by which a person who has been accused or convicted of a crime
in one country is surrendered to another country for the purpose of facing criminal charges or
serving a sentence. This process is governed by international treaties and is usually initiated
by a request from the country seeking extradition. The requested country then evaluates the
request and decides whether to grant it based on its own laws and procedures. Extradition
typically applies to individuals who have committed serious crimes, such as murder,
kidnapping, or drug trafficking, and who have fled to another country to avoid prosecution or
punishment.  
 
Deportation   
 It refers to the process by which a foreign national is expelled from a country and sent
back to their country of origin or another country. This process is usually initiated by the
country where the foreign national is residing, and may be based on a variety of grounds,
such as overstaying a visa, violating immigration laws, or engaging in criminal activity.
Deportation typically applies to individuals who are in the country illegally or who have
violated the terms of their visa or residency status.  
 
 May a state refuse to grant a request for extradition? 
 
 Yes, a state may refuse to grant a request for extradition under certain circumstances.  
 
o First, a state may refuse to extradite an individual if the offense for which
they are being sought is not considered a crime in the requested state. In
addition, a state may refuse to extradite an individual if the offense is considered to
be political in nature.  
o Second, a state may refuse to extradite an individual if there are concerns that
the individual may face the death penalty or be subject to torture or other
inhumane treatment in the requesting state.  
o Third, a state may refuse to extradite an individual if they are a national of the
requested state, as most countries do not extradite their own nationals.  
o Fourth, a state may refuse to extradite an individual if there are concerns that
the individual will not receive a fair trial in the requesting state or that they will
be subject to discrimination or mistreatment based on their race, religion, nationality,
or other personal characteristics.  
o Fifth, a state may refuse to extradite an individual if the requesting state has
not provided sufficient evidence to support the charges against the individual or
if there are concerns about the integrity of the requesting state's legal system.  
 
 Attentat clause 
 Attentat Clause is a provision found in some extradition treaties that allows a requested
state to refuse a request for extradition if the offense for which extradition is sought was
committed in response to or in connection with a political offense.  
  Under the attentat clause, it is not political offense to murder or to make an attempt at the
life of the head of a state, or a member of his family, or sometimes, a member of the
government.  
 
 Nationality Doctrine 
 The Nationality Doctrine, also known as the Personal Nationality Principle or the Principle
of Nationality, is a principle of public international law that establishes a connection between
an individual and the state based on their nationality. The principle holds that every person is
entitled to the protection and benefits of the state to which they belong, and that the state has
the right to exercise jurisdiction over its nationals regardless of their location or activities
outside the state's territory.  
 
 Principle of Universality of Jurisdiction 
 The Principle of Universality of Jurisdiction is a principle of public international law that
allows states to exercise jurisdiction over certain crimes, even if the crimes were committed
outside the state's territory and do not involve any connection to the state or its nationals. The
principle is based on the idea that some crimes, such as genocide, crimes against humanity,
war crimes, and piracy, are so serious that they are considered to be offenses against the
international community as a whole, and therefore any state may exercise jurisdiction over
them.  
 
 Principle of Territoriality  
 The Principle of Territoriality is the principle that a state has jurisdiction over persons and
activities that occur within its territory. This means that a state has the authority to regulate
and enforce its laws within its own borders, and to exercise jurisdiction over individuals and
entities that are physically present within its territory. The principle of territoriality is a
fundamental principle of international law and is recognized by most states.  
 
 Principle of Extra-territoriality 
 The Principle of Extra-territoriality is the principle that a state may exercise jurisdiction
over persons and activities that occur outside its territory . This principle allows a state to
regulate and enforce its laws beyond its borders, and to exercise jurisdiction over individuals
and entities that have no physical presence within its territory. 
 
 Protective Principle of Jurisdiction 
 Protective Principle of Jurisdiction is a principle of public international law that allows a
state to exercise jurisdiction over activities that occur outside its territory if those activities
pose a threat or harm to the vital interests of the state. The principle is based on the idea
that a state has a legitimate interest in protecting its national security, economic interests,
and other important values, and that it may use its jurisdiction to prevent or punish actions
that threaten these interests.  
 
 What is meant by Statelessness? 
 Statelessness refers to the condition of an individual who is not considered a national by
any state under the operation of its law. Statelessness can arise due to various reasons,
including gaps in nationality laws, conflicts of laws between states, or the state's refusal to
recognize a person's claim to nationality. 
 
 Distinguish Repatriation from Naturalization. 
 
Repatriation 
 Repatriation is the process of returning a person to their country of origin or citizenship.
This can occur for a variety of reasons, including at the end of a conflict or displacement, or if
a person is found to be in a country illegally. Repatriation is typically a process initiated by the
 government of the country of origin, which works with the host country and international
organizations to facilitate the return of its citizens.  
 
Naturalization 
 Naturalization refers to the process by which an individual acquires the nationality or
citizenship of a new country. This is typically a voluntary process, where an individual seeks
to become a citizen of a country in which they reside or have a connection to. The
requirements for naturalization vary by country, but typically involve a period of residency,
language and cultural proficiency, and an oath of allegiance to the new country.  
 
 Doctrine of Specialty 
 Doctrine of Specialty is a principle of public international law that governs the extent to
which a state may exercise jurisdiction over a person who has been extradited to it. Under the
Doctrine of Specialty, a state may only prosecute or punish an extradited person for the
offense for which they were extradited, and not for any other offenses committed prior to the
extradition or for offenses unrelated to the extradition request. It is based on the principle of
trust and confidence between states that participate in extradition agreements. When a state
requests the extradition of a person, it does so on the basis of a specific offense or set of
offenses. If the person is extradited, the requesting state is expected to honor the terms of the
extradition and not to use the person's presence in its jurisdiction to pursue other charges.  
 
  Doctrine of Double Criminality 
 Doctrine of Double Criminality means that the crime involved should be crimes in both
states are concerned. It is a principle of public international law that governs the extradition of
individuals from one country to another. Under the Doctrine of Double Criminality, extradition
may only be granted if the conduct for which the individual is sought by the requesting
country is a criminal offense in both the requesting country and the country from which the
individual is sought.  
 
 Restrictive Doctrine of Immunity 
 Restrictive Doctrine of Immunity states and their officials are only immune from the
jurisdiction of foreign courts in relation to acts performed in their official capacity.   
 
 What is meant by “asylum”? 
 
 Asylum is the protection given by a state to an individual who has fled their own country
due to a well-founded fear of persecution on account of their race, religion, nationality,
membership in a particular social group, or political opinion. The principle of asylum is based
on the idea that every individual has a right to seek and enjoy asylum from persecution.  
 
 Right of Legation 
 Right of Legation also known as the right of diplomatic intercourse. It is a fundamental
principle of public international law that recognizes the right of states to send and receive
diplomatic representatives, negotiate treaties, and engage in other diplomatic activities with
other states.  
 Under the Right of Legation, each state has the right to establish diplomatic relations with
other states and to send and receive ambassadors, envoys, and other diplomatic
representatives. Diplomatic representatives are responsible for representing their home state
in the host state, promoting friendly relations between the two states, and protecting the
interests of their home state and its citizens in the host state.  
 
 Distinguish Diplomatic Immunities from Consular Immunities. 
 
Diplomatic immunities 
  Diplomatic Immunities refer to the privileges and immunities enjoyed by diplomatic
officials of state a, including ambassadors and other members of the diplomatic staff. These
immunities are based on the principle of sovereign equality of states and the need to ensure
effective and uninterrupted communication between states. Diplomatic immunities include
immunity from arrest, detention, and prosecution in the host state, inviolability of diplomatic
premises, and exemption from taxes and customs duties.  
 
Consular immunities 
 Consular Immunities refers to the privileges and immunities enjoyed by consular officials
of a state, including consuls and other consular officers. These immunities are based on the
need to facilitate the performance of consular functions, such as the protection of the
interests of the sending state and its citizens in the host state. Consular immunities include
inviolability of consular premises, exemption from taxes and customs duties, and the right to
communicate with nationals of the sending state.  
 
 What are the traditional means of settling international disputes? 
 
 There are several traditional means of settling international disputes in public
international law, including:  
 
1. Negotiation - the most common means of resolving disputes between states.
Negotiation involves direct communication and dialogue between the parties in an attempt to
find a mutually acceptable solution to the dispute. Negotiations can take place at the bilateral
or multilateral level, and may involve the assistance of a mediator or facilitator.  
2. Mediation - a voluntary process in which a neutral third party assists the disputing parties
in reaching a settlement. The mediator does not make a decision on the dispute, but rather
facilitates communication between the parties and helps them find a mutually acceptable
solution.  
3. Conciliation - a process similar to mediation, but involves a more structured approach. A
conciliator may be appointed by the parties or by a third party, and works with the parties to
identify the issues in dispute and develop a settlement proposal.  
4. Arbitration - a process in which the parties agree to submit their dispute to a neutral third
party, the arbitrator, who makes a binding decision on the dispute. Arbitration may be ad hoc
or institutional, and can be used for both commercial and non-commercial disputes.  
5. Judicial Settlement - involves the resolution of disputes by a court or tribunal. The
International Court of Justice is the principal judicial organ of the United Nations and has
jurisdiction to hear disputes between states.  
6. Good offices - a term used to describe a diplomatic service offered by a third party to
facilitate the resolution of a dispute between states. This may involve the provision of advice,
assistance, or other forms of support to the parties in their efforts to reach a settlement.  
7. Inquiry - a process in which a neutral third party investigates the facts of a dispute and
makes recommendations for settlement. An inquiry may be conducted by a fact-finding
commission or a special rapporteur appointed by a third party. 
 
 May a state use force or a threat of force against another State? 
 
 Under public international law, the use of force or a threat of force against another state
is generally prohibited. This is enshrined in the United Nations Charter, which sets out the
basic principles of international law. The Charter prohibits the use of force in Article 2(4),
which provides that "All members shall refrain in their international relations from the threat or
use of force against the territorial integrity or political independence of any state."  
 
 Principle of Non-Intervention 
 
  Principle of Non-Intervention is a fundamental principle of public international law that
prohibits states from intervening in the internal affairs of other states. It is enshrined in Article
2(7) of the United Nations Charter, which provides that "nothing contained in the present
Charter shall authorize the United Nations to intervene in matters which are essentially within
the domestic jurisdiction of any state."  
 
 It recognizes the sovereignty and independence of states and affirms the right of every
state to conduct its affairs without interference from other states. This principle is closely
related to the principle of territorial integrity, which requires states to respect the borders
and territorial integrity of other states. 
 
 Distinguish between the “optional jurisdiction clause” and the “domestic jurisdiction
clause” in the Charter of the United Nations. 
 
Optional Jurisdiction Clause 
 Optional Jurisdiction Clause relates to the voluntary submission of states to the
jurisdiction of the ICJ. 
Domestic Jurisdiction Clause 
 Domestic Jurisdiction Clause relates to the principle of state sovereignty and the right
of states to conduct their internal affairs without interference. The former allows states to
voluntarily submit to the jurisdiction of the ICJ in certain disputes, while the latter limits the
power of the UN and other international organizations to intervene in matters that are within
the domestic jurisdiction of states.  
 
 Doctrine of Humanitarian Intervention 
 Doctrine of Humanitarian Intervention refers to the use of force or other forms of
intervention by one state or group of states in the domestic affairs of another state in order to
prevent or stop widespread human rights abuses or atrocities, such as genocide, crimes
against humanity, or war crimes.  
 It is based on the belief that the international community has a responsibility to protect
individuals from gross human rights violations and that the principle of non-intervention
should not be a barrier to action when these violations are taking place. However, it is also
recognized that the use of force or intervention in the internal affairs of another state is a
violation of the principle of state sovereignty and is only justified in exceptional
circumstances. 
 
 What is “use of force”? 
 In public international law “Use of Force” refers to any action or threat of action by a state
that involves the use of military force or other forms of coercion against another state. This
can include acts such as military attacks, blockades, economic sanctions, or other measures
that are intended to achieve political or strategic objectives through the application of force. 
 
 Doctrine of non-intervention 
 Doctrine of non-intervention is a fundamental principle of public international law that
requires states to refrain from interfering in the internal affairs of other states. It is based on
the principle of state sovereignty, which holds that each state has exclusive control over its
own domestic affairs and is free from external interference.  
 
 Principle of state sovereignty 
 It holds that each state has exclusive control over its own domestic affairs and is free
from external interference.  
 
 What are the Exceptions to the Use of Force? 
 
 1. Self-defense - a state has the right to use force to defend itself against an armed
attack by another state.  
 
2. Humanitarian intervention - a state is committing gross and systematic
violations of human rights against its own citizens; the international community may
intervene to protect those individuals.  
 
3. Consent - a state may invite external intervention to assist in resolving a
domestic crisis or conflict.  
 
4. UN Security Council authorization - may authorize the use of force or external
intervention in cases where there is a threat to international peace and security.  
 
 
 What is meant by “adherence to the jurisdiction” of the ICJ? 
 
 Adherence to the Jurisdiction of the International Court of Justice (ICJ) refers to the
voluntary acceptance of the Court's jurisdiction by states as a means of settling disputes
between them.  
 
 Once a state has accepted the jurisdiction of the Court, it is bound to comply with any
decisions or judgments rendered by the Court in a dispute in which it is a party. Adherence to
the jurisdiction of the ICJ is an important means of promoting peaceful settlement of
international disputes and upholding the rule of law in the international community.  
 
 Can the ICJ compel the attendance of witnesses or the production of documents? Does it
have contempt powers? 
 
 Yes, the International Court of Justice (ICJ) has the power to compel the
attendance of witnesses and the production of documents in accordance with Article
48 of the ICJ Statute. The Court may request states to provide information, and may even
order the appearance of witnesses and the production of documents if necessary to the
resolution of the case.  
 
 No, the ICJ does not have contempt powers. This means that if a state fails to comply
with a request or order from the Court, the Court cannot take direct enforcement action
against that state. Instead, the Court may report the matter to the United Nations General
Assembly or the Security Council, which may take further action. In practice, however, most
states comply with the orders of the ICJ, and non-compliance is relatively rare. 
 
 What is the remedy should parties refuse to comply with a valid order of the ICJ? 
 If a party refuses to comply with a valid order of the International Court of Justice (ICJ),
the other party may seek enforcement through the United Nations Security Council.
Under Article 94 of the UN Charter, all UN member states are obligated to comply with
decisions of the ICJ in cases to which they are parties, and to enforce the decisions of
the Court as necessary.  
 
 Is there opinion juris to support the contention that the ICJ cannot compel states to
produce “classified intelligence information”? 
 There is no clear opinion juris on whether the International Court of Justice (ICJ) can
compel states to produce classified intelligence information. This issue has not been
definitively settled by the ICJ or by customary international law.  
 Others, however, argue that the ICJ should be able to compel states to produce classified
intelligence information in certain circumstances. They contend that the need for justice and
the rule of law may sometimes outweigh national security concerns. They also argue that the
 ICJ should be able to balance the competing interests of the state and the interests of justice
in making its determinations. 
 Ultimately, the question of whether the ICJ can compel states to produce classified
intelligence information will depend on the specific circumstances of each case and the
balance of interests at stake. 
 
 What is the basis of the jurisdiction of the ICJ? 
 The International Court of Justice (ICJ) is the principal judicial organ of the United
Nations, established under the UN Charter. The jurisdiction of the ICJ is based on the
consent of states. In other words, states must agree to submit to the jurisdiction of the ICJ in
order for the court to hear a case involving those states. 
 
 How can the ICJ enforce its decisions or implement its legal processes? 
 The ICJ relies on the goodwill and cooperation of the parties to a dispute to comply with
its decisions and orders. When a state fails to comply with an ICJ judgment, the other
party may bring the matter to the attention of the UN Security Council, which may take
measures to enforce the judgment. The Security Council has the power to impose
economic sanctions or even authorize the use of force to enforce an ICJ decision or order.  
 The ICJ may use its advisory jurisdiction to influence the development of international law
and the behavior of states. Advisory opinions by the ICJ can be used to clarify legal principles
and provide guidance on complex legal issues, which may help to prevent disputes from
arising in the first place.  
 
 Principle of Pre-emptive Strike 
 Principle of Pre-Emptive Strike is whereby a state claims the right to launch an offensive
on a potential enemy before that enemy has had the chance to carry out an attack . A state
has the right to use military force to prevent an imminent attack by another state or non-state
actor.  
 
 Doctrine of Collective Self-Defense 
 Doctrine of Collective Self-Defense permits a member state to intervene in the defense of
another member state when that state has been subject to an unlawful armed attack.  It is a
principle of international law that allows states to use force in defense of another state that
has been attacked.  
 According to this principle, a state that has been the victim of an armed attack has the
right to request assistance from other states in its self-defense. The assisting states may use
force to repel the attack and restore peace and security.  
 
 What is Unilateralism? 
 Unilateralism refers to a policy or approach in which a state or country takes actions or
makes decisions without consulting or seeking the agreement of other states or international
organizations. In other words, unilateralism is the tendency of a state to act independently or
to pursue its own interests without regard to the views or interests of other states.  
 
 Distinguish Retortion from Reprisal. 
 
Retortion 
 Retortion refers to non-hostile actions taken by a state against another state in
response to perceived violations of international law or other actions that the first state
disagrees with. Retortion measures may include economic sanctions, diplomatic protests,
or other non-violent actions. The aim of retortion is to express displeasure or disagreement
with the other state's actions and to encourage them to change their behavior, rather than to
impose punishment or seek revenge.  
 
Reprisal 
  Reprisal refers to hostile actions taken by a state against another state in response to
perceived violations of international law or other actions that the first state disagrees with.
Reprisals may include military action, economic sanctions, or other punitive measures.
The aim of reprisals is to impose a penalty or punishment on the other state for its actions,
rather than to encourage a change in behavior.  
 
 What is an “economic embargo”? 
 Economic Embargo is a political and economic tool used by one country or a group of
countries to restrict or entirely cut off economic relations with another country. It usually
involves the imposition of trade barriers, such as import or export restrictions, or the
freezing of financial assets of the targeted country or its citizens.  
 Its purpose is to pressure the targeted country to change its policies or behavior, often
related to human rights violations, aggression, or other forms of misconduct. The aim is to
create economic hardship and to limit the target country's ability to carry out its policies or
actions.  
 
 Distinguish “non-intercourse” from boycott”. 
 
Non-Intercourse 
 Non-Intercourse refers to the prohibition of trade between two countries, usually as a
result of political tensions or hostilities. This may include a complete embargo on all goods,
services, and investments, as well as the closure of ports and other commercial channels.
Non-intercourse is a severe form of economic sanction that seeks to isolate a country from
the international community and exert pressure to change its behavior or policies.  
 
Boycott 
 Boycott is a voluntary abstention from engaging in economic or social relations with
a particular individual, organization, or country. It is usually motivated by moral or political
reasons, such as opposition to human rights abuses, environmental degradation, or unfair
labor practices. A boycott may take different forms, such as refusing to buy goods, refusing to
participate in events, or refusing to provide services. While a boycott can have economic
consequences, its primary purpose is to raise awareness and promote social change.  
 
 What is meant by “war”? 
 War is a term used to describe an armed conflict between two or more states. It involves
the use of military force and weapons, as well as the organized use of violence and
aggression against an opposing force.  
 
 Principle of Military Necessity 
 Principle of Military Necessity is a concept in international humanitarian law that
recognizes that belligerents in an armed conflict may use any means necessary to defeat
the enemy, as long as those means are not prohibited by international law. This principle
recognizes that certain military actions, such as the use of force, may be necessary to
achieve military objectives and protect the lives of soldiers and civilians.  
 
 Under the principle of military necessity, belligerents may use force that is proportional to
the military objective sought and avoid the use of force that would result in unnecessary harm
to civilians or civilian objects.  
 
 Principle of Postliminium 
 Under the Principle of Postlimiium, all acts and proceedings of the legislative,
executive, and judicial departments of a DE FACTO government, which are not of a political
complexion, are good and valid, and remained so after the occupied territory had come
again into the power of the titular sovereign.  
 
 Distinguish “mercenaries” from “spies”? 
 
Mercenaries 
 Mercenaries are professional soldiers who take a direct part in hostilities motivated
essentially by the desire for private gain.  
 
Spies 
 Spies are people who secretly collect information about enemies or competitors.  
 
 Distinguish a neutral state from a neutralized state. 
 
Neutral State 
 Neutral State is a state that does not take sides in an armed conflict between two or more
other states. A neutral state maintains impartiality and does not engage in any belligerent
actions or provide assistance to either party in the conflict. The state's primary goal is to
protect its sovereignty and territorial integrity while ensuring that it does not become involved
in the conflict.  
 
Neutralized State 
 Neutralized State is a state that has given up some or all of its sovereignty in exchange
for a guarantee of permanent neutrality from other states. This means that the neutralized
state cannot take part in any military alliances, cannot maintain armed forces, and cannot
engage in any military activity that could be considered aggressive. The purpose of
neutralization is to ensure that the neutralized state remains free from the threat of military
attack and can focus on its internal development without fear of external aggression.  
 
 What are the “modes” of acquiring territory? 
 
 Under international law, there are 4 recognized modes of acquiring territory: 
1. Conquest - involves the acquisition of territory by the use of force, typically
through military occupation and subsequent annexation.  
2. Cession - involves the transfer of territory from one state to another through a
treaty or other formal agreement.  
3. Occupation - involves the acquisition of territory that is unoccupied or not under
the sovereignty of any state.  
4. Accretion - involves the gradual extension of land by natural processes, such as
the deposition of sediment or the movement of a river.  
 
 What is the meaning of “effectivité”? 
 
 Effectivité refers to the effective control exercised by a state over a territory. It is a key
element in determining whether a state has acquired sovereignty over a particular territory or
whether it can claim certain rights or obligations with respect to that territory under
international law.  
 It is often used in the context of territorial acquisition, where it refers to the level of control
a state exercise over a territory, such as maintaining law and order, providing services to the
population, and defending its borders.  
 
 What does discovery and occupation mean as a mode of acquiring territory? 
 
 Discovery and Occupation where a state claims previously unclaimed territory by being
the first to discover and occupy it.  
 This principle is based on the notion that unoccupied territory is res nullius, or "nobody's
property," and thus open for the taking. However, mere discovery is not enough to establish a
 claim to the territory. The state must also demonstrate effective control over the territory,
typically through the establishment of settlements, infrastructure, and governance. 
 
 Doctrine of Effective Occupation 
 Doctrine of Effective Occupation is a principle of international law that requires a state to
show that it has established and maintained effective control over a territory in order to claim
sovereignty over that territory. This principle is often used to determine the validity of claims
to terra nullius, or unoccupied land. The doctrine requires more than mere physical presence,
as the state must demonstrate that it has a government in place, is exercising authority over
the territory, and is able to maintain order and protect its citizens. 
 
 What is the legal basis of the Philippine’s claim over the Kalayaan Islands? 
 The legal basis of the Philippines' claim over the Kalayaan Islands (also known as the
Spratly Islands) is primarily based on the principles of discovery and effective
occupation. The Philippines asserts that it was the first country to have discovered and
occupied some of the islands in the Kalayaan Island Group, which were formerly terra nullius
or unoccupied territory.  
 
 Archipelago Doctrine 
 Archipelago Doctrine is an archipelago as a group of islands, including parts of islands,
interconnecting waters, and other natural features that are so closely interrelated that such
islands, waters, and features form an intrinsic geographical, economic, and political entity.  
 
 Thalweg Doctrine 
 Thalweg Doctrine aims to resolve water boundary disputes. According to this doctrine,
the boundary between two states divided by a flowing body of water may be drawn along the
thalweg, which is the line of the greatest depth of the channel.  
 
 Distinguish the Territorial Sea from the High Seas 
 
 Territorial Sea - a belt of water that extends 12 nautical miles from a coastal state’s
baseline. It is considered part of the coastal state’s territory and subject to its sovereignty.   
 
 High Seas - refer to all parts of the sea that are not included in the territorial sea or
internal waters. The high seas are open to all states, and no state has sovereignty or
jurisdiction over them.  
 
 Distinguish the rights of the coastal state in the territorial sea, the contiguous zone, the
exclusive economic zone, and the continental shelf. 
 
Territorial Sea 
 the coastal state has full sovereignty over the territorial sea, including the airspace
above and the seabed and subsoil below.  
 The coastal state can enforce its laws and regulations, including customs, immigration,
and sanitation laws, within this zone.  
 Foreign ships have a right of innocent passage through the territorial sea, meaning
they can navigate through it without engaging in any activities that threaten the peace,
security, or good order of the coastal state.  
 
Contiguous Zone 
 the coastal state has limited sovereignty in this zone, which means it can enforce
customs, immigration, and sanitary laws, as well as laws related to fiscal matters, including
taxation, smuggling, and immigration.   
 The coastal state also has the right to prevent and punish infringement of its customs,
fiscal, immigration, or sanitary laws within the contiguous zone.  
  
Exclusive Economic Zone (EEZ) 
 the coastal state has sovereign rights in the EEZ for the purpose of exploring,
exploiting, conserving, and managing the natural resources, both living and non-living, of the
waters superjacent to the seabed and of the seabed and its subsoil.  
 This includes the exclusive right to exploit, explore, and manage fisheries, oil and
gas resources, and minerals in the seabed and subsoil.  
 Other states have a right of freedom of navigation and overflight in the EEZ, but they
cannot engage in activities that interfere with the coastal state's rights.  
 
Continental Shelf 
 the coastal state has sovereign rights to explore and exploit the natural resources of the
continental shelf, including oil and gas resources, minerals, and living resources, such as fish
and other marine life.  
 The coastal state can also construct and maintain installations and structures on the
continental shelf for the purpose of exploring and exploiting its natural resources.  
 Other states have the right to conduct scientific research and lay submarine cables
and pipelines in the continental shelf, subject to the coastal state's consent.   
 
 Doctrine of Innocent Passage 
 Doctrine of Innocent Passage is a principle in international law that allows foreign ships
and aircraft to traverse the territorial sea of a coastal state , as long as such passage is
innocent, that is, not prejudicial to the peace, good order, or security of the coastal state.  
 
 What are the Five Freedom in a State’s Aerial Domian? 
 
 These freedoms refer to the rights of an airline to operate in the airspace of another state,
and they are: 
1. The right to overfly a foreign country without landing.  
2. The right to make a technical stop in a foreign country for non-traffic purposes
(such as refueling) without disembarking passengers or cargo.  
3. The right to carry passengers or cargo from one's own country to a foreign
country.  
4. The right to carry passengers or cargo from a foreign country to one's own
country.  
5. The right to carry passengers or cargo between two foreign countries while
stopping in one's own country.  
 
 What is the continental shelf? 
 
 Continental Shelf is a maritime zone adjacent to a coastal state's land territory, extending
seaward to the outer edge of the continental margin, or 200 nautical miles from the baselines,
whichever is greater. It comprises the submerged prolongation of the coastal state's land
territory, including the seabed and subsoil, and natural resources such as oil, gas, and
minerals. 
 
 What are the legal arguments of the Philippines in the West Philippine Sea dispute with
China? How about China’s arguments? 
 Philippines’ Arguments:  
o The Philippines asserts that its sovereignty and sovereign rights over the
West Philippine Sea are based on international law, including the United Nations
Convention on the Law of the Sea (UNCLOS), which establishes a 200-nautical mile
exclusive economic zone (EEZ) for coastal states.  
 o The Philippines claims that the Kalayaan Island Group, including Scarborough
Shoal and the Spratly Islands, are part of its territory and that it has exercised
effective control over these areas.  
o The Philippines argues that China’s “nine-dash line” claim, which encompasses
almost the entire South China Sea, is invalid under UNCLOS, which recognizes the
rights of coastal states to a 200-nautical mile EEZ.  
o The Philippines contends that China’s activities in the West Philippine Sea,
including land reclamation and construction of artificial islands, have caused
environmental damage and violated the Philippines’ sovereign rights.  
 
 China’s Arguments:  
o China claims that it has “historic rights” to the South China Sea, including the
West Philippine Sea, based on its interpretation of history and geography.  
o China argues that its “nine-dash line” claim predates UNCLOS and is
therefore not subject to the convention’s provisions.  
o China maintains that it has sovereignty over the Spratly Islands,
Scarborough Shoal, and other areas in the West Philippine Sea, and that its
activities in these areas are lawful and necessary for defense purposes.  
o China rejects the jurisdiction of an arbitral tribunal in the case brought by the
Philippines, arguing that the dispute is a matter of territorial sovereignty and that
UNCLOS does not apply.  
 
 It is important to note that in July 2016, the Permanent Court of Arbitration in The Hague
issued a landmark ruling in favor of the Philippines, finding that China’s “nine-dash line”
claim has no legal basis under UNCLOS and that China had violated the Philippines’
sovereign rights. However, China has rejected the ruling and continued its activities in the
West Philippine Sea.  
 
 What is the legal basis of the Philippine’s claim over Sabah? How about Malaysia’s
arguments? 
 
 Philippine’s claim: Sovereignty over Sabah, which is currently under the control of
Malaysia. The Philippine government bases its claim on historical, legal, and ancestral
grounds.  
 
o Historically, the Sultanate of Sulu, which is located in what is now the southern
Philippines, once ruled over Sabah. In 1878, the Sultan of Sulu leased Sabah to a
British company, which later transferred its rights to the British government.
The Philippine government argues that the lease was only for temporary use and did
not transfer sovereignty.  
 
o Legally, the Philippines argues that the inclusion of Sabah in the Federation of
Malaysia in 1963 violated the terms of the 1963 Malaysia-Philippines Manila Accord,
which recognized the Philippine claim to Sabah. The Philippine government contends
that the issue of Sabah was not settled when Malaysia became independent from
Britain in 1957 and that the Philippine claim remains valid.  
 
 Malaysia’s claim: That Sabah is part of its territory and that the Philippine claim is
without legal or factual basis. Malaysia argues that the 1878 lease agreement between the
Sultan of Sulu and the British government was a valid transfer of sovereignty, and that
the subsequent inclusion of Sabah in the Federation of Malaysia was done in
accordance with international law and the wishes of the people of Sabah.