General Principles of International Law

controls the relations of nation-states and international individuals

International Laws

It is resulting from the treaties, international customs, and the general philosophies of law.

International Laws

If conflict arises, it is fixed through state to state resolutions

International Law

controls the relations of individuals among themselves or within the state.

Domestic Law

It consists of congressional enactments, executive orders, and jurisprudence.

Domestic Law

If there is a conflict, the same is resolved through the local, administrative, and/or judicial processes.

Domestic Law

International law become a part of the law of that state because this is mainly based on Section 2, Art. II of the 1987 Constitution which states that:

“x x x the Philippines adopts the generally accepted principles of international law as part of the law of the land.”

Doctrine of Incorporation

the generally accepted principles of international law are recognized as part of the Philippines’ national laws because of its membership in the family of nations.

Doctrine of Incorporation

According to Section 7, Art. II of the 1987 Philippine Constitution, “The State shall pursue an independent foreign policy. In its relations with other states, the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination.”

Doctrine of Transformation

This means that the Philippines being a sovereign state must have an independent foreign policy in its dealing with other states or countries and the ultimate consideration must be our national sovereigny, territorial integrity, national interest, and our right to self-determination.

Section 7, Art. III of the 1987 Philippine COnstiturtion

this requires the enactment by the legislative body of such international law principles as are sought to be part of municipal law (Coquia & Defensor-Santiago, 2005).

Doctrine of Transformation

This doctrine must be related to the power of the President to enter into treaties wherein rule and principles embodied in said treaties would be transformed into Philippine law and would become valid and effective upon the concurrence of two-thirds (2/3) of all the members of the Senate (Sec. 21, Art. VII, 1987 Constitution)

Doctrine of Transformation

international agreements concluded between states, in written form, and governed by international law, embodied either in a single instrument or in two or more related instruments and whatever its particular designation (Art. 2(1)(a), Vienna Convention on Law of Treaties).

International Conventions

consists of rules of law resulting from the consistent behavior of states, acting out of the belief that the law required them to act that way (Aust, 2010)

International Customs

However, for a custom to be reckoned as an international custom, two features must be existing:

State Practice and Opinion of law or necessity

There must be evidence of substantial uniformity of practice by a substantial number of states to be considered a ____

state practice

states the belief that the given practice is rendered obligatory by the existence of a rule requiring it. Consequently, the states concerned must feel that they are conforming to what amounts to a legal obligation

Opinio Juris Sive Necessitates

a practice among states within a particular area of the world which can be sufficiently well-established and accepted as law that is binding among the states of that region but not elsewhere (Epps & Graham, 2011).

Regional Custom

a long-continued practice between two states, accepted by them as regulating their relations that form the basis of mutual rights and obligations (Right of Passage Case [Portugal v. India], ICJ, 1960).

Special or Local Custom

another category of international customs which refer to the norms that command peremptory authority, superseding conflicting treaties and customs which can neither be derogated nor modified, except by a norm or similar character (Vinuya v. Executive Secretary, G.R. No. 162230, April 28, 2010).

Jus Cogens

It enjoy a higher rank in the international hierarchy than treaty law and even ordinary customary rules (Prosecutor v. Furundzia, International Criminal Tribunal for the former Yugoslavia, 1998).

Jus Cogens

refers to an obligation under general international law that a state owes in any given case to the international community, in view of its common values and its concern for compliance, so that a breach of that obligation enables all states to take action; or an obligation under a multilateral treaty that a state party to the treaty owes in any given case to all the other state parties to the same treaty, in view of their common values and concern for compliance, so that a breach of that obligation enables to all these states to take action (Vinuya v. Executive Secretary, G.R. No. 162230, April 28, 2010).

Obligation Erga Omnes

An international agreement conducted between states, in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments, whatever its particular designation [Article 2(1)(a), Vienna Convention on Law on Treaties].

Treaties

“A treaty binds the parties and only the parties”

Pacta Trtiis nec nocent nec prosunt

“Agreements must be kept” – every treaty in force is binding upon the parties to it and must be performed by them in good faith (Art. 26, Vienna Convention on Law of Treaties).

Pacta Sunt Servanda

a fundamental change of circumstances which has occurred with regard to those existing at the time of the conclusion of a treaty, and which was not foreseen by the parties, may be invoked as a ground for terminating or withdrawing from the treaty if the existence for those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty and the effect of the change is radically to transform the extent of the obligations still to be performed under the treaty

Rebus Sic Stantibus

an agreement concluded by the President based on authority granted by Congress or based on the inherent authority granted to him/her by the Constitution.

Executive Agreement

The elements of a _____ are as follows: permanent population, defined territory, government, and capacity to enter into relations with other states.

State

a community of persons, more or less numerous, permanently occupying a definite portion of territory, having a government of their own, and enjoying freedom from external control

State

It is when a territory is acquired through continuous and uninterrupted possession over a long period of time.

Prescription

involves the peaceful transfer of territory from one sovereign to another, with the intention that sovereignty should pass

Cession

is the increase in the land area of the state, either through natural means, or artificially through human labor.

Accretion

the act of defeating an opponent and occupying all or parts of territory does not of itself constitute a basis of title to the land

Conquest

It gives the victor certain rights under international law as regards the territory, the rights of belligerent occupation, but the territory remains subject to the legal title of the ousted sovereign

Conquest

an act by which a state acknowledges the existence of another state, government, or belligerent community and indicates its willingness to deal with the entity as such under the rules of international law

state recognition

a political act and mainly a matter of policy on the part of each state. It is discretionary on the part of the recognizing authority. It is exercised by the political department of the state.

State Recognition

The principle of __________ is being followed wherein once the identity of a state as an international person has been fixed and its position in the international community established, the State continues to be the same corporate person whatever changes may take place in its integral organization and government

State Continuity

This doctrine precludes the recognition of governments established by revolution, civil war, coup d’etat, or other forms of internal violence until the freely elected representatives of the people have organized a constitutional government (Sarmiento, 2009).

Wilson/Tobar Doctrine

This doctrine pertains to denial of diplomatic recognition to any regime, right or left, which came to power by military force (Sarmiento, 2009).

Betancourt Doctrine

This doctrine precludes the recognition of an entity which is not legally a State as it constitutes an abuse of the power of recognition. It acknowledges a community which is not, in law, independent and which does not therefore fulfill the essential conditions of statehood as an independent state

Lauterpacht Doctrine

This doctrine precludes the recognition of any government established as a result of external aggression (Nachura, 2016).

Stimson Doctrine

It means a state has the power to make and enforce laws within its territory: land, sea, air, even embassy buildings.

Jurisdiction

Doesn’t matter if you’re rich or poor, powerful or not—you’re legally equal in the international system.

equality

A country has the right to defend itself, alone (individual), or with allies (collective).

Individual or Collective Self Defense

You make your own choices, run your own government, and no other country can boss you around.

Independence

the right to send and receive diplomats to other countries.

Legation

this right means freedom from control by other state or group of states and not freedom from the restrictions that are binding on all states forming the family of nations and carries with it by necessary implication the correlative duty of non-intervention (

RIght to independence

an act by which a state interferes with domestic or foreign affairs of another state through the employment of force or threat of force which may be physical, political, or economic (Nachura, 2016)

Aggression

This right is underpinned in the doctrine of equality of states which provides that all states are equal in international law despite of their obvious factual inequalities as to size, population, wealth, strength, and degree of civilization.

Right to Equality

This right is underpinned in the doctrine of equality of states which provides that all states are equal in international law despite of their obvious factual inequalities as to size, population, wealth, strength, and degree of civilization.

The right to existence and self-defense

pertains to the use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations (Article 1, UN General Assembly Resolution No. 3314).

Aggression

pertains to the rights of states to come to the defense of another state whose situation meets the condition of legitimate individual self-defense

Collective Self Defense

the use of force in anticipation of an attack is deemed legal if made in good faith, depending on the circumstances of imminent danger.

Anticipatory Self Defense

This right encompasses the right of the state to its terrestrial, maritime and fluvial, aerial and space covered by its territory.

right to territorial integrity and jurisdiction

This right pertains to the right of the state to send and receive diplomatic missions, which enable states to carry on friendly intercourse.

Right to Legation

legal bond having as its basis a social fact of attachment, a genuine connection of existence, interests, and sentiments, together with the existence of reciprocal rights and duties

Nationality

the law of the soil. It is the most common means that a person obtains his or her citizenship.

Jus Soli

when an individual obtains his or her citizenship by the blood or through his or her parents or ancestors.

Jus Sanguinis

pertains to the status of having no nationality as a consequence of being born without any nationality or as a result of deprivation or loss of nationality

Statelessness

adversely affects a person’s right to exercise rights and privileges usually enjoyed by citizens of a state, such as employment, right to work, right to property, right to education, among others.

Statelessness

any wrong or injury suffered by a stateless person through the act or omission of a state would be _______ (loss or damage without injury) for in theory, no state has been offended and no international delict committed.

Damnum Absque Injuria

a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or owing to such fear, is unwilling to avail himself of the protection of that country.

refugee

This is a principle wherein in addition to not returning the refugee to his/her own state, he/she must not be sent to a third state if his/her life or freedom would there be threatened on account of his/her race, religion, nationality, membership of a particular social group or social opinion

Principle of Non-refoulement

body of international rules that binds states and other subjects of international law in their maritime affairs

law of the sea

Its functions are the spatial distribution of national jurisdiction and to ensure cooperation between states (Tanaka, 2012).

Law of the sea

intention is to guarantee the freedom of the different uses of the oceans.

principle of freedom

it pursues to protect the interests of coastal states.

principle of sovereignty

It seeks to support the common interest of all people in present and future generations.

principle of the common heritage of mankind

line from which the outer limits of marine spaces under the national jurisdiction of the coastal state are measured.

Baseline

The line from which the breadth of the territorial sea and other maritime zones is measured.

Baselines

low-water line along the coast as marked on large-scale charts officially recognized by the coastal state

Baselines

low-water line along the coast as marked on large-scale charts officially recognized by the coastal state

Normal Baseline

a state constituted wholly by one or more archipelagos and may include other islands

archipelagic baselines

a group of islands, including parts of islands, interconnecting waters, and other natural features which are so closely interrelated that such islands, waters, and other natural features form an intrinsic geographical, economic, and political entity or which historically have been regarded as such.

Archipelago

2 kinds of archipelago

Coastal, Outlying or Mid-Ocean

group of islands situated so close to a main land that they may be considered a part thereof, forming more or less an outer coastline from which it is natural to measure the marginal seas.

Coastal Archipelago

refers to a group of islands situated in the ocean at such distance from the coasts of firm land as to be considered as an independent whole rather than forming part of, the outer coastline of the mainland.

Outlying or Midocean Archipelago

pertains to the exercise in accordance with UNCLOS III of the rights of navigation and overflight in the normal mode solely for the purpose of continuous, expeditious , and unobstructed transit between one part of the high seas or an exclusice economic zone and another part of the high seas or an exclusive economic zone

Archipelagic Sea Lanes Passage

marine space under the territorial sovereignty of the coastal state up to a limit not exceeding twelve (12) nautical miles measured from the baselines

Territorial Sea

It comprises the seabed and its subsoil, the adjacent waters, and the airspace

Territorial Sea

It is the right of foreign merchant ships to pass unhindered through the sea of a coast (Shaw, 2008).

right of innocent passage

an area beyond and adjacent to the territorial sea, not extending beyond 200 nautical miles from the baseline of the territorial sea

Exclusive Economic Zone

The __________ of a coastal state comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental marine does not extend up to that distance

continental shelf

These are all parts of the sea that are not within an EEZ, the territorial sea, internal waters or archipelagic waters

High Seas

The UNCLOS created the _____, which consists of 21 judges elected by the member states with a system in place to ensure geographic balance

International tribunal for the Law of the Seas

The jurisdiction of the tribunal comprises of all disputes and applications submitted to it in accordance with the UNCLOS and all matters specifically provided for in any other agreement which confers jurisdiction on the tribunal.

International Tribunal for the Law of the Sea

They are units that have rights and responsibilities under international law and which have the capacity to maintain their rights by bringing international claims.

States

They have its own elements and is created in several manners and shall be recognized and shall have several rights.

State

It pertains to the legal bond of a person to his or her state.

Nationality

nationals of a state, outside of his or her own state, for various reasons.

Refugees

provides international rules that bind states and other subjects of international law in their maritime affairs

Law of the sea