MEDIDAS GENERALES

receiving state to perform their functions Components of the Territory of a State:

a. terrestrial- land mass on which the people live

b. Maritime- bodies of water within the land mass and the waters adjacent to the coasts of a state to a specified limit

c. Aerial- airspace above the territorial domain and the fluvial domain of the state, to the limits of the atmosphere. This does not include outer space.

Archipelago Doctrine states that “the waters around, between and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the Philippines.”

Extinction of states (deadmop) 1. Dismemberment

2. Emigration en masse of its population 3. Annexation

4. Dissolution of federal union; and 5. Merger or Unification

6. Overthrow of government resulting in anarchy;

7. Partial loss of independence

Principle of State Succession – is the substitution of one State by another, the latter

taking over the rights and some of the obligations of the former.

Two Types of State Succession: 1. UNIVERSAL- takes place when a

State is completely annexed by another, or is dismembered or dissolved, or is created as a result of merger of 2 or more States.

2. PARTIAL - takes place when a portion of the territory of a State loses part of its sovereignty by joining a confederation or becoming a protectorate or suzerainty.

(In succession of states, one state is supplanted by another. In succession of governments, the integrity of the original state is not affected as what takes place is only a change in one of its elements, the government)

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

WILSON or TOBAR DOCTRINE - precludes recognition of government established by revolution, civil war, coup d’etat or other forms of internal violence until the freely elected representatives of people have organized a constitutional government.

STIMSON DOCTRINE - precludes recognition of any government established as result of external aggression.

ESTRADA DOCTRINE –Under this doctrine, the diplomatic representatives in a country where a political upheaval has taken place will deal or will not deal with whatever government is in control therein at the time and either action shall not be taken as a judgment on the legitimacy of the said government.

Recognition De Jure vs. Recognition De Facto RECOGNITION DE JURE RECOGNITION DE FACTO Relatively permanent Provisional

Vests the title to properties of government abroad

Does not vest title to properties of government abroad

Brings about full diplomatic

relations

Limited to certain juridical relations

Acts of State- “Every sovereign state is bound to respect the independence of every other sovereign state, and the courts of one country will not sit in judgment on the acts of the government of another, done within its own territory.”

Innocent Passage- means navigation through the territorial sea of a state for the purpose of traversing that sea without entering the internal waters, or of proceeding to internal waters, or of making for the high seas from the internal waters, as long as it is not prejudicial to the peace, good order or security of the coastal state.

Exterritoriality refers to the exemption of persons and things from the local jurisdiction on the basis of international custom. Extraterritoriality applies only to persons and is based on a treaty or convention.

Doctrine of Hot Pursuit- public vessels, including aircraft, may continue to pursue and apprehend on the open sea any foreign merchant vessel which has violated its laws, provided the pursuit is commenced while the offending vessel is within the marginal waters or the contiguous zone of the coastal state and such pursuit is uninterrupted.

OUTER SPACE

Sovereignty over airspace extends only until where outer space begins. But where is that? (There is as yet no definite answer to that question) It is now accepted that outer space, wherever that might be, and celestial bodies, are not susceptible to appropriation by any state. However, astronauts (and cosmonauts) and their satellites and equipments, while in outer space, remain under the jurisdiction of the state that sent them.

Territorial sea- is a belt of sea outwards from the baseline and up to 12 nautical miles beyond. (Where the application of the 12-mile rule to neighboring littoral states would result in overlapping, the rule is that the dividing line is a median line equidistant from the opposite baselines. But the equidistance rule does not apply where historic title or other special circumstances require a different measurement)

Exclusive Economic Zone- is the expanse of sea extending 200 nautical miles from the baselines of the state.

Contiguous Zone- waters measured from the outer limits of the territorial sea and up to 12 nautical miles beyond.

METHODS used in defining the TERRITORIAL SEA

1. Normal baseline method - Under this method, the territorial sea is drawn from the low-water mark of the coast to the breadth claimed, following its sinuosities and curvatures but excluding the internal waters in bays and gulfs.

2. Straight baseline method - Straight lines are made to connect appropriate points on the coast without departing radically from its general direction. The waters inside the lines are considered internal. Modes of Acquiring Territory

(dopaccs)

1. Discovery and Occupation- an original mode of acquisition by which territory not belonging to any state (terra nullius) is placed under the sovereignty of the claiming state. 2. Prescription - a derivative mode of acquisition by which territory belonging to one state is transferred to the sovereignty of another state by reason of the adverse and uninterrupted possession thereof by the latter for a sufficiently long period of time.

3. Accretion- mode of adding to the territory of a state by natural process, such as the gradual deposit

of soil on the coast through the action of the water, or by human labor.

4. Cession - derivative mode of acquisition by which territory belonging to one state is transferred to the sovereignty of another state in accordance with an agreement between them.

5. Conquest and Subjugation - a derivative mode of acquisition by which the territory of one state is conquered in the course of war and thereafter annexed and placed under sovereignty of the conquering state.

Treaty- is a formal agreement, usually but not necessarily in writing, which is entered into by states or entities possessing the treaty-making capacity, for the purpose of regulating their mutual relations under the law of nations.

Steps in the treaty-making process 1. Negotiation- discussion of the provisions

of the proposed treaty, undertaken by the representatives of the contracting parties who are provided with credentials known as pleins pouvoirs.

2. Signature- means of authenticating the instrument and symbolizing the good faith of the contracting parties. (alternat is an arrangement under which each negotiator is allowed to sign first on the copy of the treaty which he will bring home to his own country)

3. Ratification- a state formally accepts the provisions of a treaty concluded by its representative

4. Registration with the UN

PRINCIPAL RULES OF International Law IN CONNECTION WITH the performance of

TREATIES

1.Pacta Sunt Servanda - Every treaty in force is binding upon the parties and must be performed by them in good faith.

2. Rebus Sic Stantibus- A party is not bound to perform a treaty if there has been a fundamental change of circumstances since the treaty was concluded. It has been described as the exception to the rule of pacta sunt servanda and applies only to treaties of indefinite duration

Rebus sic stantibus may not be invoked as a ground for terminating or withdrawing from a treaty:

a. if the treaty establishes a boundary

b. If the 'fundamental change' is the result of a breach by the party invoking it of an obligation under the treaty or of any other obligation owed to any other party to the treaty.

3. Jus Cogens- is a rule that has the status of a preemptory (i.e., absolute, uncompromising) norm of international law.

Elements

1.a norm accepted and recognized 2.by the int'l community of States as

a whole

3.As a norm from which no derogation is permitted.

4.It can only be modified by a subsequent norm having the same character.

 If a treaty, at the time of its conclusion, conflicts with jus cogens, it is void.

Examples

(1) Prohibition against the unlawful use of force;

(2) Prohibition against piracy, genocide, and slavery

Treaties vs. Executive Agreements

Treaties Executive Agreement A. Subject matter [Code: PCI] 1. Political Issues 2. Changes in National Policy 3. Involve international arrangements of a permanent character A. Subject Matter [Code: TAAI ] 1. Have Transitory effectivity 2. Adjustment of details carrying out well-established national policies and traditions 3. Arrangements of B.) must be ratified by the 2/3 of the Senate to become valid and effective (Art. 7, Sec 21)

temporary nature 4. Implementation of treaties, statutes, well- established policies B) need not to be ratified by the Senate

State Responsibility - the doctrine which holds a state responsible for any injury sustained by an alien within its jurisdiction. Because of an international wrong imputable to it, the state will be responsible if it is shown that it participated in the act or omission complained of or was remiss in redressing the resultant wrong.

Types of State Responsibility

1. Direct responsibility - attaches to the state if the wrongful act/omission was effected through any of its superior organs acting on its behalf

2. Indirect responsibility - wrongs committed by inferior government officials or even by private individuals which can not be immediately regarded as acts of the state itself. The responsibility of the state in such cases would only be vicarious or indirect. Conditions for the Enforcement of the

Doctrine of State Responsibility

1. The injured alien must first exhaust all local remedies

2. He must be represented in the int'l Claim for damages by his own state (ordinarily, individuals have no standing to bring a claim before international law).

International Standard of Justice- is the standard of the reasonable state and calls for compliance with the ordinary norms of official conduct observed in civilized jurisdictions. It may refer to the intrinsic validity of the laws passed by the state or to the manner in which such laws are administered and enforced.

Calvo Clause - a provision inserted in contracts, in which the foreigner agrees in advance not to seek the diplomatic protection of his national State. In general, International Courts have disregarded

such clauses as the right to diplomatic protection is a right which belongs to a State, and waiver from an individual does not bind his State.

METHODS OF SETTLING DISPUTES [Note: Not every disagreement is a “dispute.” A dispute in international law means “a disagreement on a point of law or fact, a conflict of legal views or interests between two persons.” A disagreement does not amount to a dispute if its resolution would have no practical effect on the relationship between the parties. Examples of a dispute are: disagreements over the interpretation of a treaty or about state boundaries or about state responsibility. Where the disagreement has not ripened into an actual conflict, then there is a situation]