Comprehensive Study Flashcards on Market Integration, Global Governance, and International Law

Market Integration: Concepts and Historical Development

Definition of Market Integration: This is defined as the process where separate markets become a single unified market. It involves economies becoming more interdependent and interconnected through commodity flows and spillover impacts. When markets are integrated, the supply of food adjusts spatially to meet demands.
International Financial Institutions (IFIs): These are institutions that provide support via loans, grants, and technical advice to promote a country's economic and social development.
Corporations: These are private institutions that produce or manufacture goods, products, and services for a more expanded market, reaching beyond national borders to regions or the entire world.
Types of Integration: - Horizontal Integration: This occurs when a firm gains control of other firms performing similar marketing functions at the same level in the marketing sequence. - Example: Disney's acquisition of Pixar. - Vertical Integration: This happens when one company owns the operations and products from one stage to another along the entire supply chain. - Example: An iron mining company that also operates a steel manufacturing firm.
History of Market Integration: - 19th Century: Global market integration first became a reality due to advanced technology development, such as steam engines, railroads, and ports, which enabled faster world transport networks. - 1913: Market integration reached its first peak when unfettered markets dominated the global landscape. - Next 60 Years: Integration declined as countries suffered through the Great Depression and turned away from international capital markets. - Post-WWII: Global market integration re-emerged as large American companies expanded after the Second World War.
Role of International Financial Institutions (IFIs) in the Global Economy: - They provide financial and technical services/products not for profit, but for overall economic and social development (Bhargava, 2006; Buiter & Lankers, 2014). - They work with the private sector for investment and policy reforms to encourage private sector expansion (International Finance Corporation, 2011).

Global Governance and Universal Frameworks

Global Governance Definition: Collective efforts to identify, understand, and address worldwide problems that exceed the problem-solving capacities of individual states.
System of Governance: Governance is a system of rules dependent on "inter-subjective" meanings and formally sanctioned constitutions and charters. It works only if the majority accepts it.
Transition in Global Context: Global governance indicates a shift from statism to integration and the focal fragmentation of actors. It represents a potential transformation from the primacy of "government" to that of "governance."
Commission on Global Governance (1995) Definitions: - Defined as "the sum of the many ways individuals and institutions, public and private, manage their common affairs." - It is a continuing process where conflicting or diverse interests are accommodated and cooperative action is taken. - It implies the capacity within the international system to provide government-like services and public goods in the absence of a single world management.
Rationale for Global Governance: - National policies (good or bad) have direct effects on a country, but global effects on other nations cannot be ignored. - It emphasizes cooperative forms of conflict management. - It helps nations develop the capacity to handle globalization challenges. - It includes citizen participation in the global decision-making process.

International Law and State Application

International Law: Laws regulating the relations of states and international persons. Derived from treaties, international customs, and general principles of law. Conflicts are resolved via state-to-state transactions.
National Law: Laws regulating individuals among themselves or within a state. Consists of statutory enactments, executive orders, and judicial pronouncements. Conflicts are redressed through local administrative and judicial processes.
Treaty (Vienna Convention on the Law of Treaties, Art. 2 (1) (a)): An international agreement between states in written form, governed by international law, regardless of its designation (single or multiple instruments).
Integration of International Law into State Law: - Doctrine of Incorporation: As stated in Section 2, Art. II of the 1987 Philippine Constitution, the Philippines adopts generally accepted principles of international law as part of the law of the land. - Doctrine of Transformation: This requires the legislative body to enact international law principles into municipal law. Under Section 21, Art. VII of the 1987 Constitution, treaties become valid and effective upon the concurrence of two-thirds ( $2/3$ ) of all Senate members.
International Conventions: Written agreements between states. - Bilateral Examples: Mutual Defense Treaty (USA), Visiting Forces Agreement (USA), RP-US Extradition Treaty. - Multilateral Examples: United Nations Convention on the Law of the Sea (UNCLOS), International Convention on Civil and Political Rights, Rome Statute of the International Criminal Court, Convention on the Prevention and Punishment of the Crime of Genocide.

International Customs and Customary Law

International Customs: Rules derived from the consistent conduct of states based on the belief that the law required such action (Aust, 2010).
Two Mandatory Elements: - State Practice: Includes administrative acts, legislation, court decisions, historical records, and international stage activities. - Opinio Juris Sive Necessitates: The belief that a practice is rendered obligatory by a rule of law; states must feel they are conforming to a legal obligation.
Kinds of International Customs: - Regional Customs: Practices within a particular area/region that are sufficiently established and binding among those states but not elsewhere. - Special or Local Custom: Long-continued practice between two states accepted as regulating their mutual rights and obligations (e.g., Right of Passage Case - Portugal v. India, ICJ, 1969).

The State, Nationality, and Citizenship

State (Bernas, 2009): A community of persons permanently occupying a definite territory, independent of external control, possessing an organized government to which inhabitants render habitual obedience.
Elements of a State: 1. People: The inhabitants. 2. Territory: Fixed portion of the earth's surface. 3. Government: The agency through which the State's will is formulated and realized. 4. Sovereignty: Supreme, uncontrollable power (Cruz, 2014).
Key Doctrines: - Doctrine of Equality of States: All states are equal in international law regardless of size, wealth, or power (Sarmiento, 2007). - Principle of State Continuity: The state remains a juristic being despite changes in circumstances as long as essential elements are preserved (Sapphire Case).
Fundamental Rights of a State: Independence (self-defense/jurisdiction), Equality (legal rights), and Peaceful Co-existence (non-aggression/territorial integrity).
Recognition: Acknowledgment by one state to another; not an element of the state. - Theories: Constitutive Theory (recognition creates the state) vs. Declaratory Theory (recognition acknowledges pre-existing fact). Declaratory is the prevailing theory.
Jurisdiction: Personal (over nationals), Territorial (land), Maritime/Fluvial (internal waters), and Contiguous Zone (protective jurisdiction).
State Responsibility (V-A-D): - Violation: Act violating international law. - Attributable: Must be attributable to the State. - Damage: Causes damage to a third state or its national. - Direct vs. Indirect Liability: Direct involves acts of superior officials. Indirect involves inferior officials/private individuals where the state was indifferent in preventing or punishing the act.
Nationality and Citizenship: - Citizenship: Membership implying reciprocal duty of allegiance and state protection. - Nationality: Broader term embracing all who owe allegiance. - Acquisition of Nationality: Birth (jus sanguinis - blood; jus soli - place), Naturalization, Repatriation (e.g., recovery via R.A. 8171). - Loss of Nationality: Release, Deprivation (e.g., joining foreign military - C.A. No. 63), Renunciation, or Substitution. - Philippine Citizens (1987 Constitution, Art. IV, Sec. 1): Citizens at the time of adoption, those with Filipino parents, those born before Jan 17, 1973, to Filipino mothers who elect citizenship at majority, and those naturalized by law.
Natural-born Requirements: Mandatory for the President, VP, Congress, SC Justices, Ombudsman, Constitutional Commissioners, Central Monetary Authority, and CHR members.

Displacement, Refugees, and Statelessness

Refugee (O-N-Per): A person Outside their country of nationality, lacking National protection, and fearing Persecution (race, religion, etc.). - Statistics: $73\%$ of refugees come from Afghanistan, Syria, Venezuela, Ukraine, and Sudan.
Internally Displaced Person (IDP): Fled home but did not cross international borders; under their own government's protection, not protected by international law.
Stateless Person: Not a citizen of any country. The 1954 Stateless Persons Convention (including the Philippines) grants them treatment equal to nationals in areas like religion, education, and labor.
Asylum Seeker: Must demonstrate a well-founded fear of persecution during the application process.
Protections: - 1951 Refugee Convention & 1967 Protocol: Defines refugee status and legal protections. - Principle of Non-Refoulement: A state cannot deport or expel refugees to territories where their life or freedom is at risk.

Law of the Sea (UNCLOS)

Definition: Body of international law governing rights and duties in maritime environments, resource use, and environmental protection.
Historical Perspective: Roots in customary practices and Hugo Grotius's 17th-century "freedom of the seas."
UNCLOS (1982/1994): The comprehensive "constitution for the oceans."
Maritime Zones: - Internal Waters: Full state sovereignty. - Territorial Sea ( $12\,\text{Nautical Miles}$ ): Full sovereignty over airspace, seabed, and water; foreign vessels have right of "innocent passage." - Contiguous Zone ( $24\,\text{Nautical Miles}$ ): Limited enforcement for customs, fiscal, immigration, and sanitary laws. - Exclusive Economic Zone (EEZ) ( $200\,\text{Nautical Miles}$ ): Sovereign rights for living/non-living resource management (fishing, oil, gas) and marine research. - High Seas: Beyond the EEZ; open to all for navigation/fishing; no state sovereignty. - The Area (Deep Seabed): Resources are the "Common Heritage of Mankind," managed by the International Seabed Authority.
Dispute Settlement: Handled by the International Tribunal for the Law of the Sea (ITLOS), the International Court of Justice (ICJ), or binding Arbitration under UNCLOS Annex VII.