Chungunco Public International Law Finals Reviewer
Chungunco Public International Law Finals Reviewer
Chungunco Public International Law Finals Reviewer
Equity
2. Consideration of humanity A province in the Philippines cannot be a signatory of a treaty (although a US state, technically,
I. Preliminary Topics 3. Legitimate interests can)
I-A. Introduction: Nature of International Law Security council resolutions binding on the world Parties may agree that the treaty is so important, even if a minority sign it, it will bind the parties
International law Law governing relations between sovereign nations General assembly resolutions generally not binding (Tanakas dissent can be an example of Difference between executive agreement and treaty:
custom being formed by vote, known as the parliamentary custom) 1. Creating policy treaty
Compared to Philippine law: 2. Implement an existing treaty (or isolated transaction) executive agreement
1. Philippine law is codal and obligatory due to sanctions by a sovereign If a state, subsequent to a custom begins to object and in the unlikely event more states follow it, a a. E.g. Australian warship wants to pass; buy a couple of tons of rice
a. Generally local law governs but Philippine constitution adopts new custom can be created already
international law as the law of the land hence, it has the power of Proving consent:
statute (as implemented by the courts) UDHR international law for the SC in the Philippines (some authors disagree) 1. Ratification of the State
2. International law is generally provided by custom and is not binding (sovereignty of 2. Accession
states) Custom: Jurisprudence: 3. Exchange of instruments constituting a treaty
a. International law can be ignored freely (no enforceability) Asylum Case Colombia cannot unilaterally qualify a crime as political, absent any 4. Acceptance
b. At the cost of backlash from other sovereign countries custom in the region to that effect 5. Approval
North Sea Continental Shelf Cases Equidistance principle is not yet custom;
Relationship between states Interdependent and Independent Germany signed, but did not ratify the treaty defining it; adoption is not wide spread Philippine Constitution provisions on treaties:
enough, existence of custom alone is not enough to create custom 1. Foreign bases
I-B. Sources of International Law Paquete Habana It is established custom over many centuries that fishermen are 2. Foreign loans
excluded from being considered prizes of war 3. Law of the land
Generally: Lotus Case Joint jurisdiction is custom when 2 vessels collide 4. SC en banc to determine constitutionality
Case Concerning Right of Passage over Indian Territory Armed passage was not
Generally, international law is adopted by custom considered a right; the custom was to ask permission, which formed opinion juris Rules on application of treaty and law:
Nuclear Test Cases Opinio juris established by TV announcement of France to 1. If treaty is self-executing will govern
SICJ Article 38 The court shall apply: bind itself not to conduct nuclear testing above ground 2. If not self-executing law will govern
1. International conventions (whether general or particular), establishing rules expressly Nicaragua v. US US violated the sovereignty of Nicaragua; not a case of collective 3. Law and treaty are equal, so later provision (if self-executing) will apply
recognized by the contesting states self-defense
2. International custom evidence of general practice accepted as law States can enter into treaties covering any subject except for jus cogens; they will be void ab initio,
Dissenting Opinion of Judge Tanaka in SW Africa The mandate is a breach of
3. General principles of law recognized by civilized nations examples:
international law; custom can be founded by a sudden shift in the worlds perception
4. Subject to the provisions of Art. 59, judicial decisions and the teachings of the most 1. Piracy
Republic v. Sandiganbayan UNDHR is law of the land, it operates to protect the
highly qualified publicists of various nations, as subsidiary means for the 2. Unlawful use of force
rights of citizens, even during the interregnum
determination of rules of law 3. Slavery
4. Genocide
Treaties:
Art. 59 Decision of the court has no binding force except between the parties and in respect of 5. Human rights violations
that particular case (but it is considered a source)
Treaty according to Vienna Convention:
G.R. Termination of treaties; fundamental changes once the elements are proved:
1. International agreement
Sources of international law may be: 1. Must not have been foreseen
2. Concluded between states
1. Formal quasi-constitutional 2. Circumstance was essential basis for the states consent
3. Written form
2. Material evidence of a custom 3. Produced radical change in the obligation of the state
4. Governed by International Law
Exceptions:
5. Embodied in a single (or 2 or more) related instrument/s
General principles of law (as a source of international law) common principles of law applicable 1. Humanitarian norms
6. Whatever its designation
to almost all systems of law (e.g. unjust enrichment, estoppel, res judicata, equity) 2. Boundaries (even if there is a succession from one state to another, boundaries must
be respected)
Treaties cannot be entered into by a state and an international organization (VCLT) however, it
Custom:
can be considered an obligatory contract
Invalidity of treaties caused by
Elements of custom: 1. Error of fact (unless state contributed to its own error)
Treaties create rights and obligations (similar to private contracts)
1. Duration/consistency 2. Fraud
2. Generality of practice 3. Corruption
3rd parties may ratify treaties as custom
3. Uniform 4. Duress
4. Opinio Juris (principle of law recognized as binding) most important 5. Violates Jus Cogens
Baxter paradox - until a treaty is amended, it will arrest future development of customary
international law
Philippine constitution makes international law, the law of the land Philippine Constitution:
Sources of international law (in general): ARTICLE 7 SECTION 20. The President may contract or guarantee foreign loans on behalf of
Who can enter into a treaty (from the Philippines):
1. Treaties consent by signing the Republic of the Philippines with the prior concurrence of the Monetary Board, and subject to
1. Possesses full powers
2. Customs consent by doing such limitations as may be provided by law. The Monetary Board shall, within thirty days from the
2. President
3. Principles consent by municipal law end of every quarter of the calendar year, submit to the Congress a complete report of its
3. Sec. of Foreign Affairs
4. Most highly qualified publicists decisions on applications for loans to be contracted or guaranteed by the Government or
5. Decisions (subject to Art. 59) government-owned and controlled corporations which would have the effect of increasing the
Presumption of full powers:
foreign debt, and containing other matters as may be provided by law.
1. Heads of state
Relativity of customs:
2. Head of diplomatic mission
1. Persistent objector ARTICLE 7 SECTION 21. No treaty or international agreement shall be valid and effective
3. Sec. of Foreign Affairs
2. Subsequent objector unless concurred in by at least two-thirds of all the Members of the Senate.
4. Appointed by the president and leads a delegation to a conference
3. Bilateral relations (local customs)
ARTICLE 18 SECTION 25. After the expiration in 1991 of the Agreement between the Republic
Example: Can the Philippine Ambassador to Canada enter a treaty with Canada?
Other material sources: of the Philippines and the United States of America concerning Military Bases, foreign military
1. Depends on delegation of full powers
1. Conclusion of international conferences bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly
2. Signing without authority will not bind the Philippines (although it can be ratified)
2. General resolutions concurred in by the Senate and, when the Congress so requires, ratifed by a majority of the votes
3. Writing of publicists cast by the people in a national referendum held for that purpose, and recognized as a treaty by
Treaty takes effect:
4. Codification and work of international law commissions the other contracting State.
1. Both parties have signed
2. Both parties have ratified
Other considerations for deciding cases: EO 459
3. Both parties exchange the documents of ratification
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2. Monism drawn from the same pool of law Austro-German Customs Union Case When you are defining independence, the
Treaties: Jurisprudence: important fact is that the country is not under the influence of a foreign power
Legal Status of Eastern Greenland Monism and Dualism: Jurisprudence: French Indemnity of 1831
Nuclear Test Cases Exchange of Greek and Turkish Populations Case Local laws cannot be invoked; Case Concerning Rights of Nationals of the USA in Morocco
Interpretation of Peace Treaties Case not local courts, but mixed commission to decide on the term domicile Admission to the League of Lichtenstein
Reservations to the 1948 Convention on the Prevention and Punishment of Brazilian Loans Case Cannot be payable based on French law (gold); no express Tinoco Arbitration even a government not recognized by others can be considered
Genocide stipulation; mention of contract being payable in London and Rio shows intent to a de facto government with rights and obligations
Legal Consequences for States of the Continued Presence of South Africa in subject contract to Brazilian law Western Sahara Case Spain left and Morocco claimed the land, it cannot be, since
Namibia Head Money Cases: Edye v. Robertson Both treaty and act are at the same level, nomads had been living on the land, there was a population
Goldwater v. Carter later one will prevail (if treaty is self-executing) Commonwealth of Australia v. State of New South Wales New South Wales is not
Fisheries Jurisdiction Case Dependence on fishing is not considered rebus sic Fujii v. California If not self-executing, state law will apply over treaty a foreign state, it can then be sued without its consent
stantibus, it is not so burdensome to make it an essentially different obligation Internationa Status of South-West Africa
Gabcikovo-Nagymaros Project Case II. Personality and Recognition Legal Consequences for States of the Contineued Presence of South Africa in
Fujii v. California If not self-executing, state law will apply over treaty Namibia
Bayan v. Zamora VFA is valid despite it being only an executive agreement in the II-A. Generally: Subject and Objects of International Law Opinions of the Arbitration Conference, European Commission Conference on
US; US still bound to comply with the treaty Yugoslavia
Nicolas v. Romulo International organizations less power than a state, but can still enter into agreements Accordance with International Law of the Unilateral Declaration of Independence in
1. Established by treaty re: Kosovo Declaration of independence itself does not violate international law
Lim v. Exec. Sec. Balikatan is a valid executive agreement despite no concurrence
2. Only binds states that entered into treaty
from the Senate because it only applies the existing VFA In re: Seccession of Quebec Self-determination is prohibited by international law
3. E.g. ADB, treaty that created bank is its articles of incorporation
Pimentel v. Exec. Sec. President cannot be compelled to submit treaty to senate (except colonies); every state has the right to territorial integrity; unilateral secession
for ratification (mandamus does not lie) will cause international disorder
Individuals can now be charged in international court
Renato v. Rosario Province of North Cotabato v. GRP Peace Panel
Paharmaceutical v. DOH Milk Code, World Health Assembly resolutions do not II-B. Statehood:
form part of the law of the land without transformation; IRR invalid II-D. International Organizations
Abaya v. Ebdane Exchange of notes is valid to bind a country Requisites (Montevideo convention):
Province of North Cotabato v. GRP Peace Panel MOA-AD between GRP and MILF Organizations, the UN and others:
1. Permanent population
is not a treaty 2. Defined territory
Bayan Muna v. Romulo Non-surrender agreement to ICJ is valid since ICJ only has United Nations:
3. Government
subsequent jurisdiction 1. Goal is to keep peace between the nations
4. Capacity to enter into relationships with other states
China National Machinery v. Santamaria China National Machinery entered into a 2. Encourage economic cooperation between and among nations
contract with a GOCC, neither representing either the Philippines or China 3. Seeks to prevent war and aggression
Theories of recognition:
Deutsche Bank AG Manila v. CIR 4. Created from the League of Nations failure that led to the 2nd World War
1. Declaratory theory recognition only declares the existence of a state
Saguisag et. Al. v. Exec. Sec. 2. Constitutive theory recognition is the operative act that creates the state
Primary organs of the UN:
1. Secretariat
General Principles: Failed state:
2. Security council - enforcement of security and peace keeping issues
1. Geographical/territorial aspect
3. General Assembly
Bernas 17-19, 58-70 2. Political aspect
4. Economic Committee
3. Functional aspect
5. Trusteeship
General Principles: Jurisprudence:
International Status of South-West Africa (Opinion of McNair) Declaration on Rights and Duties of States (divided into rights and duties):
Security council permanent members (permanent veto powers):
Diversion of Waters from the River Meuse Every State has the right to:
1. US
Filartiga v. Pena-Irala 1. Independence
2. China
Trendtex Trading v. Central Bank of Nigeria 2. Exercise Jurisdiction
3. Russia
Tanada v. Angara 3. Equality with other states
4. Germany
Mijares v. Hon. Ranada 4. Self-defense
5. France
Medellin v. Texas Every State has the duty to:
1. Not to intervene with another state
G.R. UN Art. 2 UN will not interfere in domestic matters
Writings and Other Sources: 2. Not to forment civil strife
Exceptions:
3. Protect human rights in its jurisdiction
1. Crimes against humanity; or
Publicists are only resorted to if you cannot find a source in the first 3 (subsidiary); examples: 4. Not to be a menace to international order
2. War crimes
1. Dissenting opinions of judges 5. Peacefully settle disputes
2. Textbook writers 6. Not use war as a national policy
International Court of Justice judicial body of the UN
7. Not to assist states using war
1. Handles cases and arbitration
Writings and Other Sources: Jurisprudence: 8. Not to recognize acquisitions made in war
2. Jurisdiction is consensual:
9. To carry out in good faith treaties and international law, and not to invoke internal law
Legal Status of Eastern Greenland a. Parties must submit themselves to the jurisdiction of the ICJ
10. Practice international law and sovereignty in relation to other states
Nuclear Tests Case b. Or treaties must show that the country has already earlier submitted
themselves to jurisdiction
Guiding considerations in drafting rights and duties:
Soft Law statement what international law could/should be:
1. Should be in harmony with the provisions of the UN charter
1. Resolutions believing as to what should happen 2 types of decisions:
2. Applicable only to sovereign States
2. Recommendatory can become customary international law if widely accepted after 1. Contested
3. Envisage all the sovereign States of the world and not only the members of the UN
time 2. Advisory - general assembly can ask for it
4. Embrace certain basic rights and duties of States
a. E.g. UNDHR
International Criminal Court Tries cases of war crimes, genocide etc.
Declaration on the Granting of Independence to Colonial Territories and Peoples
I-C. International Law and Domestic Law: 1. They can no longer impose death penalty
2. It only has complimentary jurisdiction (when national courts fail or refuse to act on a
G.R. Secession and self-determination is not allowed
Monism and Dualism case)
Exception: Colonies (post WW2, colonialism was defined as a violation of human rights); colonies
can secede, but it will then leave it up to other countries to recognize the statehood of the
Definition: European Economic Treaty: Article 211 The Community shall in each of the Member States
declaring state
1. Dualism international law and domestic law are 2 different pools of law; they differ possess the most extensive legal capacity accorded to legal persons under their respective
due to: municipal law; it may, in particular, acquire or transfer movable and immovable property and may
II-C. Recognition of States and Governments
a. Source sue and be sued in its own name. For this purpose, the Community shall be represented by the
b. Regulation Commission.
Recognition of States and Governments: Jurisprudence:
c. Substance
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EU full integration into a single unit Rocks cannot sustain human habitation; no EEZ and no continental shelf
1. EU has full economic and monetary union while ASEAN is merely an economic Treaty limits of the Philippines
cooperation Freedom of the high seas:
2. Both are trying to implement the FTAs South China Sea 1. Freedom of navigation
3. EU has (ASEAN does not): 2. Freedom of overflight
a. EU Committee New Baselines Law 3. Freedom of fishing
b. Bail-out plan 4. Freedom to lay submarine cables and pipelines
c. Central legislative body Convention on International Civil Aviation applicable only to civil aircraft (not to state aircraft 5. Freedom to construct artificial islands and structures
d. Countries can opt out of the central fiscal and currency system (e.g. military, customs or police) 6. Freedom of scientific research
UK) 1. No state aircraft of a contracting state shall fly over territory of another state without
authorization Hot pursuit: requisites:
ASEAN Charter more or less a declaration of principles with minimal self-executing parts; 2. Contracting states shall have due regard for safety of navigation of aircraft 1. Good reason to believe that ship has violated laws or regulations of a coastal state
common economic and security goals for the region based on mutual cooperation 3. Contracting states shall not misuse civil aviation for purposes inconsistent with the 2. Pursuit must commence when the foreign vessel if within EEZ
convention 3. It may continue to high seas if uninterrupted
International Organizations: Jurisprudence: 4. Right of non-scheduled flights for civil aircraft 4. Hot pursuit must stop as soon as the ship enters the territorial waters of another state
Reparations for Injuries Suffered in the Service of the UN the UN has legal 5. Scheduled air services need prior permission 5. Ship pursuing must be a clearly marked warship
personality to sue for damages/reparations; states that are signatories have 6. Each state has the right to refuse cabotage (allowing domestic flights)
expressly recognized the UNs existence and are bound by treaty States are required to peacefully settle disputes
Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space,
Individuals and Corporations: including the Moon and Other Celestial Bodies, principles: Phil Consti Art. 2:
1. The exploration and use of outer space shall be carried out for the benefit and in the
Individual International Personality: interests of all countries and shall be the province of all mankind; Territory: Jurisprudence:
1. The individual has limited international personality 2. Outer space shall be free for exploration and use by all States; Island of Palmas Case Netherlands had established acts of sovereignty over the
2. They have procedural rights 3. Outer space is not subject to national appropriation by claim of sovereignty, by island; sovereignty and exercise of jurisdiction trumps cession by treaty
3. Right are much less than countries though, there is a limited locus standi means of use or occupation, or by any other means; Clipperton Island Case Not terra nullius since it was occupied and claimed by
4. States shall not place nuclear weapons or other weapons of mass destruction in orbit France; short-term sending of gunboats and building settlements by Mexico cannot
Corporate International Personality: or on celestial bodies or station them in outer space in any other manner; be seen as a better claim
1. Vazquez - direct v. indirect obligations of corporations; To protect 3rd world countries 5. The Moon and other celestial bodies shall be used exclusively for peaceful purposes; Miniquers and Echeros Case UK is nearer, islands were under British control, so
from super corporations; proper to impose indirect obligations and standards 6. Astronauts shall be regarded as the envoys of mankind; they belong to the UK
2. They have personality to be sued - these super corporations should be liable to 7. States shall be responsible for national space activities whether carried out by Legal Status of Eastern Greenland Denmark has a better right because of
countries who cannot fight their influence (disempowered states) governmental or non-governmental entities; establishment of colonies and historical fishing grounds
3. They cannot be held directly liable, but they can be held indirectly liable 8. States shall be liable for damage caused by their space objects; and Western Sahara Case Nomads living in the area means it is not considered Terra
4. If only the individuals were liable, there would be no point to corporations 9. States shall avoid harmful contamination of space and celestial bodies. Nullius even after Spain left (terra nullius needs no occupation at all)
Chamizal Arbitration Rio Grande shifted toward Mexico during flooding; ICJ ruled
UNCLOS Article 97 Penal jurisdiction in matters of collision or any other incident of navigation: that if it was a violent shift, US would be entitled to the land by Avulsion
Individuals and Corporations: Jurisprudence: 1. In the event of a collision or any other incident of navigation concerning a ship on the Fisheries Case Measure the baseline from Skaergaard, island on the outer limit of
Judgment of the Nuremberg Trial Persons cannot hide behind the state for high seas, involving the penal or disciplinary responsibility of the master or of any Norway
protection from persecution from war crimes; test applicable is whether or not moral other person in the service of the ship, 60 no penal or disciplinary proceedings may
Corfu Channel Case UK violated sovereignty of Albania when they swept for mines
choice was possible (drafted men were acquitted, leaders found guilty) be instituted against such person except before the judicial or administrative
(no longer innocent passage); but generally innocent passage applies for waterways
Dispute between Texaco and Libya Libya is liable for contracts since international authorities either of the flag State or of the State of which such person is a national.
connecting 2 bodies of water that are considered high seas
law was part and parcel of the contract (waiver of sovereign immunity) 2. In disciplinary matters, the State which has issued a master's certificate or a
North Atlantic Fisheries Arbitration Grant of fishing rights is also a grant of
Nanni v. Pace and the Sovereign Order of Malta Knights Hospitaller are considered certificate of competence or licence shall alone be competent, after due legal
traditional fishing customary activities
a quasi-sovereign order, having a personality despite not having territory; functional process, to pronounce the withdrawal of such certificates, even if the holder is not a
national of the State which issued them. Right of Passage Case Armed passage was not considered a right; the custom
sovereignty (recognized by some states) was to ask permission, which formed opinion juris
Province of North Cotabato v. GRP Peace Panel MOA-AD and GRP-Tripoli 3. No arrest or detention of the ship, even as a measure of investigation, shall be
ordered by any authorities other than those of the flag State. Wimbledon Case Polish munitions should have been allowed to pass German
agreement does not bind the Philippines territory; declaration of neutrality should bow to the treaty of Versailles
Suez Canal free navigation even during war, but no offloading of war materiel Magallona v. Exec. Sec. UNCLOS application actually extends territorial rights;
III. Sovereignty and Jurisdiction: actually just implements the treaty signed by the Philippines
UNCLOS: North Sea Continental Shelf Cases Equidistance principle is not equitable; parties
Jurisdiction power of a state to legislate and prescribe laws
must settle on a different system
Right to innocent passage in territorial sea Gulf of Maine Mere natural fact of being a coastal state does not have legal
Power over:
consequences; submarine rights are not always those closest to the coast
1. Persons
Internal waters are not subject to right of innocent passage Libya/Malta Continental Shelf Case Both extension of land and equidistance
2. Property
3. Events principles must apply complimentarily; continental shelf can have no exclusive
Ports of every state must be open to foreign vessels economic zone, but not vice versa
Territory Fisheries Jurisdiction Case Dependence on fishing is not considered rebus sic
Bays are considered internal waters stantibus, it is not so burdensome to make it an essentially different obligation
Territory is acquired by: People v. Tulin Piracy is punishable extraterritorially
1. Discovery and occupation Rights of contiguous zone:
a. Terra Nullius: 1. Prevent infringement of customs, fiscal, immigration or sanitary laws and regulations III-B. Jurisdiction:
i. Discovery 2. Punish infringement of the above laws and regulations
ii. Occupation Criminal and Civil Jurisdiction
iii. Effective control EEZ high seas with obligations:
2. Prescription 1. Ensure EEZ not subject to over-exploitation (maximum sustainable yield) Jurisdiction authority to affect legal interests; can be:
3. Cession (treaty) 2. Optimum utilization 1. Jurisdiction to prescribe norms of conduct (legislative)
4. Conquest and subrogation (outlawed in 1970) 2. Jurisdiction to enforce norms (executive jurisdiction
5. Accretion (and avulsion) Continental shelf seabed and subsoil adjacent to coastal state but outside territorial sea; right to 3. Jurisdiction to adjudicate (judicial jurisdiction
explore and exploit natural resources
Baselines: Five principles:
1. 200Nm. Exclusive economic zone Deep sea bed common heritage of mankind 1. Territoriality principle (custom)
2. 12Nm territorial waters 2. Nationality principle (custom)
Island - naturally formed area of land, surrounded by water (above water in high tide); with EEZ 3. Protective principle (custom)
DFA Policy Paper Sabah 4. Universality principle (special circumstances)
Optional Protocols on Sale, Prostitution and Pornography Reaction to increase in sexual International Convention for the Suppression of Terrorist Bombings, A/RES/52/164 (1997) Environment: Jurisprudence:
exploitation, protocol to enact laws by individual states Trail Smelter Arbitration Canada pollution in river went to US; first case that
International Convention for the Suppression of the Financing of Terrorism A/RES/54/109 (1999) awarded international environmental damage; a state cannot use its territory to injure
Children in Situations of Armed Conflict 18 below child soldiers; 18 and below should not have another state; needs clear and convincing evidence
direct participation in war A More Secure World: Our Shared Responsibility, Report of the UN High-Level Panel on Threats, Corfu Channel Case It is an obligation of a state to not allow use of its own territory
Challenges and Change (2004), paras 145-164 against another state
Migrant Workers Convention Working rights for migrant workers (documented and Sierra Club. V Morton Dissent anyone has standing as long as the intent is to
undocumented); guarantees against: UN Global Terrorism Strategy A/RES/60/288 (2006 and reaffirmed in 2010) established prevent environmental damage (we are all affected)
1. Inhumane treatment measures to address terrorism Oposa v. Factoran Minors filed a class suit on their behalf and generations yet
2. Due process unborn; SC cancelled all timber licenses; case relaxed SC rules on standing
3. Privacy ASEAN Comprehensive Plan of Action on Counter-Terrorism (2009) DENR v. Concerned Residents Cleaning of Manila Bay can be compelled by
mandamus; ships pollution must be reduced; PCG and PNP have the jurisdiction to
Statute of the ICC Reaction to the Nuremburg trials; individual state responsibility for serious Report of the Ad Hoc Committee established by the GA Res. 51/210 of Dec. 17, 1996, 16th enforce the law
international crimes like genocide or war crimes Session (Negotiations of the UN Draft Comprehensive Convention on International Terrorism) Arigo v. Swift Moot because US paid; petitioners have right to protect reef from US
ship that ran aground ignoring warnings
Writ of amparo protection of life and security and freedom from threat; available only in cases of: International terrorism; commonly accepted elements; any person, by any means, unlawfully and
1. Enforced disappearances; and intentionally does an act intended to cause: VI-E. International economic law
2. Extralegal killings 1. Death or serious bodily injury to any person
2. Serious damage to a state or government facility 20 years of the WTO: a retrospective General Agreement Tariff Trade and the formation of WTO:
Protection of individuals: Jurisprudence: 3. With the intent to intimidate a population, or to compel a government or an From limiting and protecting national industry toward free international trade
South-West Afrtica Cases; Tanakas dissent South Africa must comply with the UN international organization to do or abstain from doing any act International equal economic protection between states
charter; apartheid by mandate is a violation of international norms against
National treatment would be the same as foreign products
discrimination Koechler, UN, The International Rule of Law and Terrorism
Mejoff v. Dir. of Prisons RP cannot hold a Russian spy (WW2) indefinitely after Marrakesh agreement
failing to send him home to Russia; he should be released with surveillance; UNDHR Candelaria, De Guzman and Patdu, Legal Concept of Terrorism and its Implication under
protects people from arbitrary detention, especially applicable here due to the end of International and Municipal Law
ASEAN Charter Ease of flow for people and goods
the war
Marcos v. Manglapus Marcos died and was prevented from returning; ICCPR ad VI-D. Environment
JPEPA
UNDHR are silent as to right to return; no grave abuse, it is an executive decision
made to prevent clear and present danger Crawford 333-366
ASEAN FTA
IS v. Quisumbing Paying foreign teachers higher due to their being foreigners and
for no substantial distinction is violative of equality; equal work deserves equal pay Bernas 138-140, 320-334
Use of free trade as a deterrent for war
Republic v. Sandiganbayan Maj. Gen. Ramas had an illegal search during the
interregnum; court held that evidence collected was inadmissible; UNDHR and Local law:
Bernas 335-340 Undertrading and anti-dumping duties (dumping so cheap that it is a threat to
ICCPR were active despite not having a bill of rights; the revolutionary government 1. EO 15 and EO 370 NEDA
flood the market); government should not subsidize and use taxes
inherited the good faith obligations of the previous administration when it became the 2. RA 9229 Committee on climate change
de jure government 3. Constitution Principles include ecology
International economic law: Jurisprudence:
CB Employees v. BSP CB act provided that salary grade below 19 should be Tanada v. Angara Fear WTO will kill local industry; court held that isolation would
locked; at the time did not violate EPC, 8 years later, all other government financial Precautionary principles if there is uncertainty as to the link between something and its cause,
result in economic destruction, free trade would be preferable
institutions did not have the salary standardization law applied to them; EPC violated states should err on the side of caution (e.g. climate change)
later; ICCPR, ICESR and ICERD all provide for positive obligations to states to VII. International humanitarian law
eliminate discrimination; compared to US jurisdiction wherein the US applies strict Stockholm Principles (1972) soft law that eventually became customary international law; basis
scrutiny test as to whether ends justify the means for protection of environment:
Red Cross Conventions; people not engaged in warfare should be treated humanely, examples:
Sec. ND. V. Manalo Writ of amparo protects life; applies UDHR; protects not just 1. Principle 21 state with right over its own resources as long as not posing a danger
1. Armed forces
life, but also security of life to other states or other jurisdictions
2. Armed forces at sea
Biraogo v. Truth Commission PTC v. GMA administration as an ad hoc body is an 2. Principle 22 cooperation between states (soft law)
3. POWs
invalid singling out of an administration and is violative of the EPC, hence 4. Protection of civilians
unconstitutional UNGA Res. 2995 (XXVII) states should not have effects outside its jurisdiction; cooperation
between states is important
Reyes v. CA Writ of amparo only available against extralegal killings and enforced 2 protocols:
disappearances and freedom from threat 1. Victims of international conflicts; (against colonial domination succession basis for
UNGA Res. 2996 (XXVII) GA underlined principles 21 and 22 from Stockholm
Rubrico v. GMA Writ of amparo cannot be used to establish criminal liability and colonialism against basic human rights)
command responsibility; no local statute (even if ICJ and ICC is custom), no ruling in 2. Non-international armed conflicts (protection v. crimes against human rights)
International Law Assoc. Res. 1972, UN Environment Program: Governing Council Decisions
amparo cases (no criminal liability) and in this case, no proof that it was actually the
Concerning Policy Objectives Objective is to preserve the environment for quality of life and well-
military or police that abducted them Difference between armed groups:
Carlo Chungunco Ateneo Law B 2018
1. MILF has set territory
2. NPA no territory; only hostage taking, extortion etc.
POW treatment:
1. No violence, intimidation, insults of public curiosity
2. Only name, date and serial no. can be asked
3. Camps must be away from combat zones
4. No using as human shields
5. Subject to state laws
6. May be disciplined and prosecuted for war crimes
7. May be prosecuted for crimes against the holding state
Hostilities:
1. Civilians should not be the object of attack
2. No indiscriminate attacks
3. Protect objects indispensable for survival of civilians (no scorched earth)
4. Only legitimate objective of states is to weaken military forces
5. Legality of nuclear weapons no ruling, but held:
a. Inhumane does not distinguish military or civilian targets
b. Suffering
c. Harm and aggravate suffering (fallout)
Inhumane weapons:
1. Projectiles
2. Dumb bullets
3. Gas
4. Not detectable by x-ray
5. Mines and booby traps
6. Fire devices