pil finals notes

7/23/2019 PIL Finals Notes

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Public International Law Finals Notes 2013

So this is part of the discussion on territory as element of state. So it is important

for you to go over the dierent modes of acquiring territory. ou will notice that one

here may no longer be applicable at present because of the inhibition on the use of

force. I!m tal"ing about conquest or sub#ugation.

Let!s #ust go over the meaning as well as the conditions under which these modes

can be considered as valid mode of acquiring a territory.

$ession% as you "now is the transfer of territory by agreement. So usually% it is in the

form of treaty.

&hat is important here usually is the principle of nemo dat quod non habet'no one

gives that which he does not have( which is a principle in civil law or in property.

)his is relevant to cession because this is transfer of territory 'considered property(from one state to another. *s you remember in the Island of Palmascase% the

Island of Palmas was argued to be part of the Philippine territory when the

Philippines was ceded to the +S by Spain. ,ut the -utch protested because there

was no followup on the part of Spain% even assuming that Spain was the /rst one to

discover the Island. )he discovery was not followed by eective occupation on the

part of Spain and therefore% that is a defect in the title. )hat defect in the title

should also aect the title of the transferee in the treaty ceding the territory. In

other words% you cannot give what you cannot have. )hat is easy to understand.

)hen we have occupation. It should be occupation or discovery *N- occupation but

N0102 #ust discovery% as you have already learned. Note however the concept of

terra nullus. )he only territory that may be sub#ect to discovery and occupation

must be terra nullius% meaning the territory does not belong to any state.

)here are two "inds of terra nullius3

4. )he ordinary concept of terra nullius whereit really does not belong to

any state5 or6. Probably at one point belonging to a state but has been efectively

abandoned. )here may in fact be reasons for the abandonment of a

particular territory. 7ne possible reason could be internal con8ict in the

government which compelled it to abandon the governance or administration

of a particular territory for a period of time. )here is no hard and fast rule on

abandonment. It is more on intent as you will later see.a. )here are two components of abandonment which ma"es a territory

terra nullius.i. Failure to e9ercise authorityii. Intent to abandon

)hru the eorts of 2oom :;


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4. )his is a question of fact because intent is in the mind but

a state has not mind. So there are a lot of things to

consider such as the mind of the leaders. )his is hard to

prove so there is no hard and fast rule unli"e in civil law.

&hat you should ta"e note of occupation is

4. )he two "inds of terrae nullius and

6. 0ective occupation.

*s here mentioned% discovery of territory is not suCcient to acquire a terra nullius

territory. So the other concept that you should ta"e note in discovery is that while it

is not suCcient% there is however acquisition of what is "nown as Dinchoate titleE tothe territory.

So if it is #ust inchoate does it have legal force if you have inchoate title to the

territory

es% because it deals with the legitimacy of whatever the state does to any possible

intruder to the newly discovered territory. 09ample if the discovering state uses

force to protect the newly discovered territory% then it shouldn!t be considered as

violation of international law because it is merely e9ercising its inchoate right. *nd

that in fact means to the e9clusion of other states.

,ased on history% it may probably be #ust an inchoate title and because conquest or

sub#ugation was then recogni@ed% you will notice that there are a lot of times when

the discoverer has been eectively dispossessed by another state. es% it may be a

violation of the inchoate title of the discovering state% but if the interfering state is

able to administer eectively as the time when the prohibition on the use of force

has not yet gained the status of customary norm% then it was practically acceptable

in the past.

)he option to occupy a territory may be in reasonable time.

the option to occupy the territory may be within a reasonable time.

how long should the time be thereGs no /9ed rule but certainly in relation to

prescription as you will

see later on% prescription would require a longer time to be able to ma"e

prescription a basis for acquiring a territory. naa pa ba ruy state na terra nullius

probably by reason of natural creation of a terrrritory.



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what weGre even e9pecting now is the loss of territory than emergence of new

territories.

how is eective control shown or manifested

usually through the e9ercise of acts of governmental authority in the form usually of

establishment of administration in the territory. thatGs why it was not uncommon in

the past that the moment

a state discovers a territory taht is terra nullius% almost always% there will be a

followingof its inhabitants to that

territory because% how will you e9ercise governmental authority when there are no

governed

for some territories that are not habitable 'e.g. Aalayaan Islands( % our claims is that

it had been discovered by a certain ,oholano

by the name of )omas Ploma. he supposedly ceded his right over the property to

the Philippine >overnment%

and it was by that reason that the Philippine >overnment claims that it had been

discovered by the government% by the Philippines%

and had been eectively occupied not literally by inhabitants but it was made partof one of the municipalities of Palawan.

so thatGs one way of showing e9ercise of power or administrative power% you include

it as part of the territory%

you send inhabitants% troops. if it is habitable% then itGs a lot better if you put there

or place

there inhabitants with a certain local government in the territory. so that is usually

how eective control

is manifested through the e9ercise og governmental authorities.

it should not be #ust temporary% it should be more or less permanent because there

is the requirement or

threshold of will to act as sovereign.

and then% third one is prescription. the dierence of course is in occupation%



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the ob#ect of the occupation is the terra nullius% in prescription% it is a territory of

another state.

and probably% as a reason or as a result of inaction on the part of the state owning

the territory

and for a very long period of time% in fact there is a doctrine called immemorial

prescription

doctrine the length of time of occupation to ma"e prescription a valid mode of

acquiring property

should go beyong the memory of man.Since time immemorial. it presupposes

generations upon generations.

the length of time required is certainly longer than that of eective occupation.

and then the same requirement of eective control and intent and will to act as

sovereign.

fourth% conquest or sub#ugation% no longer allowed under modern international law

because it is now accepted or wellsettled that the use of force is already a

prohibited

act% and it is a customary international norm already. one manifestation of that

aside from the +N c$harter is the growing observance of Stimson -octrine.

Aisa manang population na sige ug transfer +nsa mai tawag ana nila Nomads.'based on the answers of the pre/ e9ams(

'daghan ug #o"e si sir(

LAW OF TH !A

)here are so many details in the study of the law of the sea. >o over the speci/c

requirements but what I can give you is to show you the important rules% aspects inthe law of the sea. 2elevant aspects in the law.

ou must have study the law of the sea "ay pag ari ninyo% nagstudy naman mo.-iba Sa"to "o sah

Law of the sea na siya class "ay the same as treaties% before conventional% it iscustomary international law. ,ut a lot of customary international law has been



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incorporated in the +nited Nations $onvention on the Law of the Seas '+N$L7S(.&hich of course was completed in 4JK6 in ?amaica% that is why it is called the 4JK61ienna $onvention of the Law of the Sea. &hich is "nown as +N$L7S III. ,ecausethere were three attempts before. First% in 4J


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mar" should be determined. So normally if more than half of a circle it may be

considered as internal water. *nd if it is not more than half of a circle and the

opening is more than 6: nautical miles then normally it will not be considered a bay

and the interior part of that coast will be used in determining the territorial sea.>ood illustrations in Magallona. Straits also may be considered internal or not. Not

an internal if the distance between the two coasts is more than nautical miles. In

other words before you consider that a bay% river or strait is internal waters please

ta"e note of the conditions that would ma"e them part of the internal waters and if

so consider the dierent characteristics of bays and rivers.

&hat is important here is that the &oastal state has the authority to prohibit

entry into its internal "aters. )he only e'ceptionwould be ships in distress

and that is part of the concept of force ma#eur. *nd for humanitarian reasons all

states agreed that if their ships are in distress they are allowed to doc" even if in

internal waters.

)hen you have the territorial sea. )his is where the baseline becomes relevant. It

says not e9ceeding 46 nautical miles from the baseline. )he normal baseline is

based on the Lo" "ater #ar$ #ethod. &hat is the Low water mar" method

-uring low tide that point where the sea "ater #eets the land% that is the low

water mar". )erritorial sea is to be determined by the coastal state but it has to be

in accordance with the +N$L7S. It is for us to determine our baseline as long as in

accordance with +N$L7S. in magallona% the drawing of a baseline has nothing to do

with the enlargement of the territory or whatever but it is #ust a determination of

the baseline.

Straight baseline method for archipelagic states.

Limitation to territorial sea. (ight o) innocent passageby foreign ships.

2equirements3

4.Should be e'peditious and continuous. )here are e9amples in the convention

which determine activities which are not e9peditious and continuous. Such as

Fishing. )esting of weapons.

6. that it should be innocent. )hat it should not be pre#udicial to the peace or

security of the coastal state.

/shing% testing of weapons% and other e9amples that are not considered

e9peditious and continuous.



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Second% DinnocentE and to be innocent the threshold is it shouldn!t be pre#udicial to

the peace% good order or security of the coastal state.

(ights and obligations o) sub#arines passing through the territorial sea 3

must navigate on the surface and show their 8ag.

*ay the right o) innocent passage be suspended+

es% it is for the coastal sate to determine if there is a need to do so for the purpose

of protecting the security of the coastal state.

2emember the conditions3

- e9peditious and continuous passage and- it must be innocent

?ust ta"e note in the convention of those instances not falling under innocent

passage.

*edian Line ,rinciple- .uidistant

Oif the coast of two states are opposite or ad#acent to each other% neither of them is

entitled% failing agreement between them to the contrary% to e9tend its territorial

sea beyond the median line every point of which is DequidistantE from the nearest

points on the baselines. )his is also applicable in the case of continental shelf. )he

median line principle is% however% sub#ect to e9ceptions such as Bistoric title or

other special circumstances.

If it happens that there are two territories that are so close to each other where the

distance is more than 6: nm "ay tig 46 nm man unta% "ung tabla way problema%

walay international water% pero "ung sobra naay international water. If you have

lets! say% the distance of :; nm so you get 46 nm one end and another 46 nm one

end% :; nm minus 6: nm Q 4 nm is the international waters.



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Note3

-international waters is dierent form high seas5

- any @one beyond 46 nm of the territorial sea is already international waters5- high seas comes after 6;; nm of the e9clusive economic @one.

/istinguish international "ater )ro# high seas3

- international water is the water afterthe territorial sea- internal waters and territorial sea @ones are part of the territory of the state%

therefore the coastal state can e9ercise full discretionin territorial sea and internalwaters which are both part of the territory of the State 'note3 the only limitation tothe State!s Dfull discretionE when it comes to territorial sea% is the right to innocent

passage(. )he component of the territory of the State includes not #ust the landmass but also the maritime domain which refers to the territorial sea beyond 46nm which here refers to the contiguous% e9clusive economic @one and below thatthe continental shelf% are no longer part of the territory of the state. )hat!s whyafter the territorial sea% you already consider that as international water% but if thedistance is less than 6: nm% you cannot insist on 46 nm% so it could probably beresolved through the application of the median line% equidistant from the nearestpoints on the baseline

It may in fact be solved through the application of the median line. 0quidistant from

the nearest points on the baseline. So this principle is also applicable in the case of

the continental shelf. ,ut in practice% these are resolved by treaties. In the past%

there may have been issues as shown in the North Sea Continental Shelf case. )hat

was in the 4Jan% ?acildo% Nardo% Lulu%Parawan% 2e#uso% Salas% ,alt% 1erador% ,ristol% -igaum% ,enin% Pe=a% Pla@a% Sayson% Susvilla% )ampus% >regorio%Sanche@

PIN*A* >*BI N>* ,*)$B 6;4roups5 this is

common is secessionist movements(

,ut% ta"e note than when the con8ict is between states% there is no such

requirement of protracted armed violence. Protracted armed violence is applicable

only to letter , and $ in the paragraph supra. If it involves *% it is automatically an

International armed con8ict. Protracted armed violence is a manifestation of the

state!s failure to Internal System to resolve armed con8ict. IBL applies when there isan International armed con8ict.

X3 Aung mu lapas sa 6;; n.m ang natural prolongation% let!s say the natural

prolongation is li"e this not more than H


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High seas

beyond 200 n# )ro# the base lineand it is rescommunisand it is reserved

for the bene/t of all man"ind and that is the same principle applied to the

7uterspace. In the wor" of *"ehurst he even mentioned of the recent development

in international law on the e9ploitation of the outerspace naa na gae mga treaties

since 4JR on outerspace e9ploration treaties embodying the socalled $ommon

Beritage of Man"ind principle but the e9ploitation should not be useless . you ta"e

note of the socalled Freedo# on the High !easand don!t forget when it comes

to *irspace you also have to ta"e note of Five Air Freedo#s

What shall govern no"+ Ho" #ay states e'ercise 5urisdiction )or acts

people vessels on the high seas+ 'this presupposes that states can e9ercise

#urisdiction(

Bigh seas will have to be governed by two sets of legal systems3

4. International law6. Law of the 8ag state

)he 8ag state is where it is registered

In the past there had been a lot of issues concerning what they call the Flags o)

&onvenienceand modern international law now would have to do away with mere

8ags of convenience and would require efective lin$'nationality theory( between

the registered vessel and the place of registration. +sually it must be shown that

the place of registration must have e9ercised authorities 'mostly administrative( onthe vessel.

...it must be shown that the place of registration must have e9ercised someauthorities% administrative mostly% on the vessel. Aay "ung registered ra na syaunya walay e9ercise of authority over the vessel% it!s a 8ag of convenience paralang registration% and that should not be considered as the place of registration forthe purposes of determining 8ag of the state rule. Aanang 8ags of convenience% itcan assert that itGs no longer the rule in international law. )here should li"ewise benot only registration but eective lin"% murag nationality theory. 0ective lin"

between the authority of the place of registration and the vessel. *nd this lin" isshown in the e9ercise of some administrative authority such as monitoring%regulatory requirements. It must have been shown that in many cases the ship hadbeen sub#ected to monitoring requirements% submission of reportorial requirementor have been sub#ected to inspection% have been sub#ected to other administrativepowers. So eective lin". *nd ta"e note% while a person may have various andseveral citi@enships% a ship can only have or use only one 8ag.



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*nd then in relation to high seas% you ta"e note of the instances where warshipsmay interfere with merchant vessels of another state% obviously% in the high seas.

)hese are bases for possible interferences with merchant ship.4.Stateless ship% unsa man ni Nonregistered. Sir% "ung registered but itGs #ust a 8agof convenience% can it be considered 'as stateless ship( &ell thatGs highlydisputable. It may still be argued otherwise that it is not a stateless ship. &hat isreferred to as stateless ship is that it has no registration.6.Bot pursuit. *s usual. ou "now the concept. )he crime must have beencommitted% in fact it is the requirement% the oending vessel must havecommenced the commission of the crime in the territorial waters before hot pursuitmay be legal or legitimate. Pero problema lang "ung hinay imong warship%continuing ang oense% naabtan nimo didto na beyond sa territorial sea "ay tungodhinay imong warship% di na na mahot pursuit -apat naay evidence of commissionor commencement of crime in the territorial sea. 2emember ha% dapat nagcommence sa territorial sea para mahot pursuit. Meaning itGs valid to interfere withthat merchant vessel even in the high seas.H.2ight of approach.:.)reaties.an% ?acildo% Nardo% Lulu%Parawan% 2e#uso% Salas% ,alt% 1erador% ,ristol% -igaum% ,enin% Pe=a% Pla@a% Sayson% Susvilla% )ampus% >regorio%Sanche@

PIN*A* >*BI N>* ,*)$B 6;4B)S L*&)he H generations or categories3

a. +N declaration of human rights4. $ivil and Political 2ights6. 0conomic% social and cultural rights

b. opinions of publicistsH. rights to peace% selfdetermination. $ommon heritage of man"ind

principle% environment% development% minority rights



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international law has divided human rights law into H generations

magallona has mentioned of this a"ehurst however critici@ed the categori@ation ofhuman rights because it might eliminate the idea that these rights embodied in thehuman rights documents that understood to be natural rights and inalienable rightsof every individual

the /rst generation of human rights law is so called civil and political rights as /rstestablished in the universal declaration of human rights and later on e9panded inthe later international covenant of civil and political rights

understand the reason why the nations of the world started codifying certainstandards or norms of human rights law then civil and political rights

during the time that people have been /ghting of imperial government and a lot ofpeople of course and constituents and inhabitants are sub#ect to torture% illegaldetention and crimes of genocide so these started of what they though importanthuman rights that can be found in international human rights document. Later theyreali@ed that after they achieved peace and after we became a little more civili@edand then we started prohibiting the prohibition on the use of force because wethought that this world will be a better place to live in but we reali@ed that a lot ofconcerns came up li"e the right to self determination. )he right to economic rightsand even the right to educations% the rights of wor"ers and the women and the rightto fair treatment% the right against racial discrimination.

So after the civil and political rights in the +N we included the economic and culturalrights and these of course is now embodied in the international covenant of civil andpolitical rights and after all these. Many authors and e9perts thought of adding aseparate from the economic% civil and cultural rights% the speci/c rights on the rightto self determination and even on the matter of development and environment asthe Hrdgeneration or category of human rights law.



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,ut% the +niversal declaration of human rights by the +N is not a legally bindinginstrument as it merely recommends states to "eep it in mind in the enactment oflegal measures.

Bowever% if the particular right mentioned there has already ripened into acustomary international law 'e.g. torture% slavery% racial discrimination(% violation ofthe human right principles a Dmatter of international concernE

&hat is the use of studying international human rights law by the way ou learnedin the past that human rights documents are what we call in international law asDsoft lawE remember that *nd therefore these principles we see in human rightsdocuments and other that the international bill of rights% the universal declaration ofhuman rights% I$$P2 and I$S$02. )hese are what we call soft laws and thereforethey are not binding on states and #ust the same that they are not binding on statesthey are norms that are not irrelevant to every state and that what characteri@es asoft law not binding but not an irrelevant political ma9im or norm.

&hat is the use of studying them-i man "aha binding so unsa man gamet ani&hat is the signi/cance of human rights law

Magallon naa man daghan gi sulte

>uidelines% standards and basis for domestic enactments and domestic

legislation and these sets of international law are recommendatory to thestates and they should ta"e consideration in enactment of legislatione9cept to that what has been mandated on what to be observed in humanrights document

o Should it be ta"en as #us cogens or erga omnes )hese merely are recommendatory

Illustrations on the application of human rights law

4. state 9 passed a law imposing death penalty to the crimes of homicide%infanticide% murder% parricide% "idnapping% robbery% rape% rebellion% seditionand all crimes involving dangerous drugs. Bow may the law be assailedinvalid

6. &hen *% a citi@en of state T% wrote in public that their president is corrupt anda drug lord% the president created a fact /nding commission which

recommended that * be punished for what he wrote against the president. *was then sent to #ail

H. -ue to budget constraints% the president of state decided to abolish freeprimary education and encouraged instead private institutions to giveaordable primary education to all. May this act of the government of State assailed as invalid

:. &hat is torture &hat is racial discrimination



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09cept to the e9tent that what has stated or mandated that it should be observe in

the human rights law documents when they parta"e of the nature ofjus cogensor

on the part of the states they!re erga omnes, then they ceased to become merely

recommendatory. *s when we spea" for e9ample about the prohibition of torture%

slavery% racial discrimination as you had already learned. )hese arejus cogens

norms. ,ut other than these matters% anything else is recommendatory.

So what!s the use

Xuestion3

1 State T passed a law imposing -eath Penalty to the crimes of Bomicide%Infanticide% Murder% Parricide% Aidnapping% 2obbery% 2ape% 2ebellion% Sedition

and all crimes involving dangerous drugs. Bow the law may be assailed asinvalid

Ans"er6ou might want to invo"e your own $onstitution but it would be morepersuasive if you also invo"e Buman 2ights law. ,ecause these are standards%norms observed by the family of nation and so you are to convince Supreme$ourt of the standards e9isting in the Buman 2ights Law and perhapssuccessfully convince the court to stri"e it down as unreasonable% probably inrelation to the constitution on the right to due process.

$an we /nd provision in a Buman 2ights document that we can use in order to

convince the court Mao man ni ang purpose% we are telling the court that weare bound to observe or probably the Philippines is committed to observestandards set forth in the +niversal -eclaration of Buman 2ights.

Art 7 o) the 8/H(

9999

2 In countries which have not abolished the death penalty% sentence ofdeath may be imposed only )or the #ost serious cri#es in accordancewith the law in force at the time of the commission of the crime and notcontrary to the provisions of the present $ovenant and to the $onvention

on the Prevention and Punishment of the $rime of >enocide. 9999

)his e9plains why when we made our some sort of suspension of the imposition ofdeath penalty% we made a reservation that if we reimpose death penalty% it canonly be re9i#pose on the #ost serious cri#e "e call in the constitution asthe heinous cri#e as $ongress may be de/ne.)hat is an observance of thesestandards that States do believe that death penalty can only be impose on mostserious crimes. See% obedient pa "a.au ang Philippines diha.



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6. &hen *% a citi@en of State T% wrote in public that their President is corrupt anda drug lord% the President created a fact /nding commission whichrecommended that * be punished for what he wrote against the President. *was then sent to #ail. &as the act of the government valid

Ans"er6Art 1: ;3< =&&,(

H. )he e9ercise of the rights provided for in par. 6 of this article carries with itspecial duties and responsibilities. It may therefore be sub#ect to certainrestrictions% but these shall only be such as are provided by la"and arenecessary3

a.( For respect of the rights or reputations of others5b.( For the protection of national security or of public order 'ordre public,

or of the public health or morals.

)his is about freedom of e9pression% correct ,ecause you are trying to critici@e a

government oCcial. Isn!t this libelous $alling the president corrupt. It cannot be

that the government shall decide on your act and say that that is libelous and send

you to #ail No ,asa. *rticle 4J% paragraph H I$$P23

*rticle 4J

4. 0veryone shall have the right to hold opinions without interference.

6. 0veryone shall have the right to freedom of e9pression5 this right shall

include freedom

to see"% receive and impart information and ideas of all "inds% regardless of

frontiers%

either orally% in writing or in print% in the form of art% or through any other

media of his

choice.

H. )he e9ercise of the rights provided for in paragraph 6 of this article carrieswith it

special duties and responsibilities. It may therefore be sub#ect to certain

restrictions% but

these shall only be such as are provided by law and are necessary3



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'a( For respect of the rights or reputations of others5

'b( For the protection of national security or of public order 'ordre

public(% or of public

health or morals.

ou were right in mentioning that this shall only be such as are provided by law. )an

awa. Siguro the principle of nullum poena sine legi 'pa"ichec" (is a principle %

there is no crime when there is no law punishing it is indeed a principle in

international law and in fact even embodied in the restrictions of the freedom of

e9pression. In other words% even the I$$P2 tal"s of the rule of law% that there

should be a law that allows the restriction of a right or a freedom.

Ne9t% due to budget constraints% the President of State decided to abolish primary

education and and encouraged private institutions to oer aordable primaryeducation and available to all. $an you assail the act of State as invalid Bain

naman to% I$0S$2. *rticle 4H paragraph 6 'a(3

6. )he States Parties to the present $ovenant recogni@e that% with a view to

achieving the full reali@ation of this right3

'a( Primary education shall be compulsory and available free to all5

,uanga% naa diay international covenant on economic% social and cultural rights

Pero naa bay responsibility No. ou can only in8uence% probably persuade a court

or a government to act on your concern that a particular governmental act is not inaccordance with the norms set forth in human rights law documents. Now how does

+N accomplish this one )here is a system of monitoring in human rights law. *

commission had been created by the +N incharge of e9amining and then reporting

to the >eneral *ssembly violations of human rights law. +nya imention dayon didto

during general assembly based on the report for e9ample%iran" nila ug "insa tong Z

4 violator of a specie of human right unya di "a mauwaw Z4 violator "a didto

Probably encouraging or even motivating states to e9ert eorts% implement

programs in order to comply with the norms set forth in the international human

rights law documents.

*side from that% human rights law document may be a basis of the de/nition of aprohibited act at the domestic level. ou want for e9ample to pass a law torture.

&here will you get the de/nition of torture It should be a universal concept so you

might want to visit for e9ample conventions pertaining to torture. *nd then your

statute wants to "now the meaning of racial discrimination then you can ma"e use

of various conventions on the matter. So standard for domestic legislative

measures.



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)hen we go to International 0nvironmental Law very quic"ly. It is a modern /eld of

public international law. Aanang 4JR;s modern pa na huh. ,efore Stoc"holm

$onference in 4JR6 and other declarations aecting environment % an arbitrator

who was chosen by +S and $anada in this Smilter'( case% quoted in mostte9tboo"s% here the arbitrator made a pronouncement that D no state has the right

to use or permit the use of its territory in such a manner as to cause damage on the

territory of another ..E in this case $anada allowed the smelting of @inc that resulted

to pollution which aected &ashington. Ingana "a serious ang pollution. *d#acent

baya ang $anada ug +S huh unya &ashington is on the northern part of the +S so

that was the reason for calling an arbitration. -on!t you "now that this is even a

civil law concept So a lot of principles in environmental law actually come from civil

law concepts. 7r even police power concept. +nsa man ni sya% Dsic utere tuo ut

alienum non laedasEprinciple you remember that +nsa man na D +se your own

so as not to in#ure another.E )anawa ra% tuo mo ug gabinuang "o huh% naa na. It!s

your territory% your natural resource o"ay its your property but it should only be

used so as not to in#ure also the rights of other states. *nd that was the start of

calling on an international convention concerning the environment. )he +N general

assembly by a resolution called for a conference for the international

environmenta"l law which was held on 4JR6 in Stoc"holm% Sweden. So thisis now

the what we call Stoc"holm $onference or -eclaration.

*odes o) Ac.uiring Territory

&ession

)ransfer of territory% usually by treaty% from one state to another Note3 if there were defects in the ceding state!s title% the title of the state to

which the territory is ceded will be vitiated by the same defects applying

>ne#o dat .uod non habet?Ono one can give what he does not have 'see

Island of Palmas Case(o *rgued to be part of the Phil territory% when Philippines was ceded by

Spain to +S.o -iscovery was not followed by eective occupation

Occupation

)he acquisition of a terra nullius;usually uninhabited territory)% that is%territory which immediately before the acquisition% belonged to no state.

Note3 a territory is Dterra nulliusE either because it really did not belong to

any state or may have been abandoned by previous sovereign. )here is

Dabandon#entE if there is !"failure to e#ercise authoritywith !$intent to

abandon.o *bandonment% based on intent% not....



24/48


o 6 components [ failure to e9ercise authority \ intent to abandon5 is a

.uestion o) )act.o -iscovery of territory is not suCcient to acquire a terra nullius territory

as it merely gives Dinchoate titleE% that is% an option to occupy theterritory within a reasonable time 'no /9ed time% but in relation to

prescription% it is shorter(% during which time other states were not

allowed to occupy the territory. )hus% occupation requires Deective

controlE and Dintention and will to act as sovereignE.o If state uses force to prevent other states% it cannot be liable since it

was e9ercising within its inchoate right of the discovering state.o Bow is eective control manifested *cts of governmental authority%

establishment of administration5 the governed and the governing.o

,rescription

*s distinguished from occupation% this presupposes acquisition of territory

belonging to another state. It also requires Deective controlE and Dintention

and will to act as sovereignE. Bowever% since acquiescence 'e.g. lac" of protest( by the losing state is

required for there to have eective control 'or occupation(% a long period of

time is required in prescription than in occupation. '$f. Immemorial

prescription doctrine(o ,eyond the memory of man.

&on.uest-!ub5ugation

No longer applicable *ccepted in the 4Jthcentury since the prohibition against the use of force had

not yet ripened into a customary internal law. It is no"illegal to acquire territory by force. See DStimson DoctrineE. It was

only in 4JR; when the +N >eneral *ssembly issued a resolution declaring the

acquisition of territory by force as illegal. Bowever% this rule applies only to

international% not civil% wars.

Operation-accretion

Ad5udication (when the parties agree usually in the form of arbitration)

The La" o) the !ea



25/48


,efore +NL$7S% most laws of the sea were merely customary international

laws Now% governed by the 4JK6 +N$L7S III '+N$L7S I4J


26/48


and submarines must navigate on the

surface and show their 8ag. May be suspended for protection of security

of the coastal state. S+,M*2IN03 obligations when passing

through Must navigate on the surface and

show their 8ag Note3

It is for us to determine the baseline. It has nothing to do

with e9pansion of territory but only to determine baseline

'6;44 case% read(

Instances3o *sdf

.

*edian Line

&here the coasts of two states are opposite or ad#acent to

each other% neither of them is entitled% failing agreement

between them to the contrary% to e9tend its territorial sea

beyond the median line every point of which is

DequidistantE from the nearest points on the baselines.

'*lso applicable in the case of continental shelf(

In practice% it is resolved by treaties. 09ceptions3 Bistoric title or other special circumstances.

2ead3 orth Sea Continental shelfo ,eyond 46nm [ international waters

o Bigh Seas [ after the 6;; nm

o F+LL -IS$20)I7N [ internal waters and territorial

sea. $onsidered part of the territory of the state.

Land Mass \ Maritime -omain Q territory% element

of state. @urisdiction o) coastal state over )oreign vessel in

territorial "aters'this applies if they are there lawfully%

consent is present(o Foreign ,ublic vessel[ no #urisdiction

Floating territories [ warships

Presupposes that it does not engage in

commercial activities.



27/48


o Foreign *erchant vessel[ full civil #urisdiction%

but cri#inal#urisdiction may or may not be

e9ercised by the coastal state 'optional(.

o 'cf. D0nglish 2ule and the DFrenchOFlag State 2uleE nglish (ule[ the coastal state can

e9ercise #urisdiction over oenses committed

on the ship on territorial waters.

09c3 if oense pertains to

administrative matters% such as

discipline of the crew. French (ule [ (6the 8ag state5 'c6

unless it pre#udices the security of the

coastal state5 *rchipelagic waters vs. )erritorial waters vs. )erritorial Sea

o Archipelagic "aters Figure 4: of Magaleona

Identify the outermost points of the outermost islands

including dry reefs.

Must not depart from the natural contour of the

archipelago

&ater3Land ratio must not e9ceed J34

0ach line should not e9ceed 4;;nmo Internal waters Q archipelagic waters

Since it is deemed% but not actually

09ercise of #urisdiction is the same as

internalo ,ut% sub#ect to the right of innocent passage of

foreign ships #ust li"e Dterritorial seaE )his is peculiar to *rchipelagic sea% which if

internal waters cannot be.

N7)03 this is +N$L7S% can the State determine its own

internal waters.

o &ontiguous Bone

6: n.m. from the baseline.

?+2IS-I$)I7N3 $oastal State is limited to ,rotective

@urisdictiononly% that is% to prevent infringement of its

custo#s Cscal i##igration or sanitary regulations

&e can e9tend our domestic laws to the contiguous @one

for the purpose of protecting the above regulations.

,ut not part of the territory% therefore is already

International &aters.o So 46 is territorial% the other 46 is international



28/48


% &ights and limitations' (here is no more full

jurisdiction. It is limited only to the so)called protective

jurisdiction of the state. Protective in a sense that the

coastal state is allowed to e#ercise jurisdiction forpurposes of preventing infringement of customs laws,

*scal, immigration, and sanitary regulations, meaning,

you can e#tend the enforcement of your customs laws,

*scal, immigration and sanitary regulations even outside

the territorial seao 'clusive cono#ic Bone

6;; nm from the baseline

$oastal state has sovereign rights over all the economic

resources of the sea% seabed% and subsoil which includes not

only /sh but also minerals beneath the seabed

Bowever% if the coastal stat is unable to fully e9ploit the

resources% it must ma"e arrangement to share the surplus with

other states. N7) P*2) 7F )B0 )022I)72

o &ontinental !hel)'more of an area% not a @one(

$onsists of the seabed and the subsoil of the submarine areas

that e9tend 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 6;;nm% whichever is

greater. ,ut% it shall not e9ceed Han% ?acildo% Nardo% Lulu%Parawan% 2e#uso% Salas% ,alt% 1erador% ,ristol% -igaum% ,enin% Pe=a% Pla@a% Sayson% Susvilla% )ampus% >regorio%Sanche@

PIN*A* >*BI N>* ,*)$B 6;40 7F M*NAIN-E

o *pplicable to the air space% other space and even the high seas% the

term means that the e9ploration and use of utili@ation of resources in

areas beyond national #urisdiction Dshall be the province of all man"ind

and shall be carried out for the bene/t and in the interests of all

countries% irrespective of their degree of economic or scienti/c

developmentE.

Note3

Product of compromises between states *lso a partial codi/cation of $IL Lotus $ase is already modi/ed%

)he case of Magallona% et al vs. 0rmita 'P- 4an% ?acildo% Nardo% Lulu%Parawan% 2e#uso% Salas% ,alt% 1erador% ,ristol% -igaum% ,enin% Pe=a% Pla@a% Sayson% Susvilla% )ampus% >regorio%Sanche@

PIN*A* >*BI N>* ,*)$B 6;4regorio%Sanche@

PIN*A* >*BI N>* ,*)$B 6;4eneva $onventions.

)he eects are not so much on the combatants. ,ut it is much on the noncombatants that paved the way to the establishment of the InternationalBumanitarian law as enshrined in the 4J:J >eneva $onventions. *dded to it% ofcourse% are the two additional protocols which we!ll tal" about later on. So that isthe ob#ective of International Bumanitarian Law. )hat!s why it!s called humanitarian%that is to Dhumani@eE the eects of war% minimi@e at least casualties and adverseeects on civilians and civilian ob#ects. It covers international or noninternationalarmed con8ict. IBL is not applicable if the situation is only characteri@ed as a mere

internal disturbance.So what is internal criminal law in relation to international humanitarian law It is abody of international law that prohibits certain categories of conduct viewed asserious atrocities and to ma"e the perpetrators of such conducts% individuals%criminally accountable. It de/nes crimes% elements and individual criminalresponsibility.

&here will you see this ou may go to the 2ome Statute creating the I$$. ou havethere the de/nitions of genocide% war crimes% wars against humanity and acts ofaggression. *cts of aggression are yet to be de/ned though or implemented butwhat can be enforced right now under the Bague convention will be crimesinvolving genocide% war crimes% and crimes against humanity. In the 2ome Statute%

there are three conditions under which a perpetrator may commit a speci/c crime.So please ta"e a loo" at these conditions.

$ommon condition will be% number one% if it is crime against humanity% there is arequirement that the attac"% because there are several crimes there noh% but allthese attac"s must have been made in such a manner that it may constitute eithera widespread attac" or a systematic attac". So% each crime actually presupposes acertain condition.

If you loo" at the 2ome Statute% before it lists down a particular section% before itlists down speci/c crimes% for e9ample crimes against humanity3 crimes againsthumanity of% let!s say ta"ing hostages% crimes against humanity of possible transfer

of civilian population% or crimes against humanity of deportation for e9ample.Na"alista na 9a class. )he beginning paragraph provides for common elements. *ndyou will see there that the attac" must be widespread or systematic.

!rticle "# Rome StatuteFor the purpose of this Statute% crime against humanity means any of thefollowing acts when committed as part of a "idespread or syste#atic attac$directed against any civilian population% with "nowledge of the attac"3



38/48


'a( Murder5'b( 09termination5'c( 0nslavement5'd( -eportation or forcible transfer of population5'e( Imprisonment or other severe deprivation of physical liberty inviolation of fundamental rules of international law5'f( )orture5'g( 2ape% se9ual slavery% enforced prostitution% forced pregnancy%enforced sterili@ation% or any other form of se9ual violence of comparablegravity5'h( Persecution against any identi/able group or collectivity onpolitical% racial% national% ethnic% cultural% religious% gender as de/ned inparagraph H% or other grounds that are universally recogni@ed asimpermissible under international law% in connection with any act referredto in this paragraph or any crime within the #urisdiction of the $ourt5'i( 0nforced disappearance of persons5'#( )he crime of apartheid5'"( 7ther inhumane acts of a similar character intentionally causinggreat suering% or serious in#ury to body or to mental or physical health.

So% that!s the common element there. )he attac" must be widespread andsystematic and directed against a civilian population% with the "nowledge of suchelement as being a civilian population.

&ar crimes also usually are committed in an international armed con8ict. So%there are crimes which can only be committed when there is an international armedcon8ict. *nd there are also crimes which can be committed only when there is an

internal armed con8ict. *rmed con8ict is always an element in the application ofIBL. )here is a distinction between internal armed con8ict and mere internaldisturbance. +sually% e9amples ani class% riots.

)he documents that you need to consider in studying IBL% the : >eneva$onventions of 4J:J and additional protocols. )hese are the : >eneva $onventions3

I. *melioration of the $ondition of the &ounded and Sic" *rmed ForcesII. *melioration of the $ondition of &ounded% Sic" and Shipwrec" Members

ofIII. )reatment of prisoners of warI1. Protection of civilian persons in time of &ar

*ll these : >eneva $onventions has what is "nown as common *rticle H.)a"e note of common article H because most of these govern international armedcon8ict but common article H is applicable to noninternational armed con8ict. Sowhen you study the : >eneva $onventions% you!re trying to loo" at *rticle H in eachone and see how relevant is what we call in IBL as the common article H.



39/48


*nd these are the additional protocols. ou "now of course the meaning of aprotocol.

o *P I of 4JRR [ Protection of 1ictims of International *rmed $on8ictso *P II of 4JRR [ Protection of 1ictims of Noninternational *rmed $on8ictso *P III of 6;;< *doption of an *dditional -istinctive 0mblem

It!s #ust about the emblem when we tal" about *P III in 6;;


40/48


civilian as a result of attac" may be #usti/ed under the principle of militarynecessity. )hatGs another situation where death of civilian may not actually bepunishable.

)a"e for e9ample an attac" on a lawful military target. LetGs say a military base ofthe opponent. Is that a lawful target 7f course. ,ecause it is a military ob#ect. Itcan be a lawful sub#ect of attac" in times of armed con8ict. )here are% letGs say4;%;;; soldiers in that particular military station for e9ample. 7ne day for e9ample%

?ollibee delivers 4;%;;; chic"en #oy and employing 4%;;; crew of ?ollibee. )hey arethere at the time that the attac" was made. Bow do you call the deaths of the crewof ?ollibee *nd the destruction of ?ollibee vehicles $ollateral damage. So itGs notreally prohibited to ma"e an attac" thatGll result to deaths of civilians.

So now% tal"ing about that therefore% there is an ongoing diCculty in determiningthe application of human rights law and at the same time applying the IBL. )here isa theory that says in time of armed con8ict% it is an entirely new set of laws thatshould apply. In times of armed con8ict% we follow IBL and no other laws. )herefore%human rights law should step aside. ,ecause there are provisions also in IBL thatta"e care of some human rights provisions. )orture for e9ample% that is alsoprohibited. ,ut itGs not that because there is torture during armed con8ict thathuman rights law may be applied but it may be the case that the speci/c provisionsin IBL that should be applied rather than the human rights law. ,ecause basicallyhuman rights law% you apply that in times of peace% and then you apply IBL in timesof war. ,ut that distinction is not yet acceptable in international law. 0ven until nowthere is diCculty in determining when human rights law may be applied and when itmay not be applied. ,ecause certainly% whenever there is armed con8ict% you applyIBL. )he issue now is whether you can still tal" about human rights law when thereis already IBL

Sir% ayaw mi tagae og problem. )agae miGg solution. 'laughter(. IGm #ust raising thatup.

So we have the 6 "inds of armed con8ict3 international armed con8ict and noninternational armed con8ict.

,ut /rst% what is an armed con8ict )here is armed con8ict when there is a resortto... H "inds ni% in other words34.*rmed force between states 'state * v. state ,(6.or protracted armed violence between governmental authority and organi@ed

armed groups% second "ind. '*rmed Forces of the Philippines v. organi@ed armedgroup in the territory(H.or between such groups within state. Ominority 'armed group( for e9ample v.ma#ority armed group% it can happen. *nd in fact in many cases in every states naamay minority and now they want to insist independence5 very common insecessionist movements.

,ut ta"e not% that while there are H "inds of armed con8ict% one is a con8ict between



41/48


states this one there is no element of protracted armed violence. )he element ofprotracted armed violence is applicable only when it is between governmentalauthority and armed group or between 6 organi@ed armed groups. ,ecause "ungang armed con8ict is between states% sigurado na man gud na international. oudonGt need a long period of time% the requirement na it should be protracted%repeated for a long period of time before IBL can be applied. It can be applied rightaway. ,ut if it is #ust occurring within a particular state% IBL% with due deference tothe sovereignty of that state can only come in whenever there is evidence that thecon8ict is protracted. Meaning% there is a manifestation of the failure of the internalsystem to resolve that "ind of armed con8ict. Mao na naa gyud dapat protractedarmed violence.

So let!s tal" about international armed con8ict.

)here are only two "inds of armed con8ict3

International *rmed $on8ict includes internationali@ed armed con8ict.

includes wars of national liberation unique because there is no foreign element

involved but only because the group is asserting its right to selfdetermination

which is a customary international norm or even #us cogens then the con8ict should

be governed by IBL.

Internal armed con8ict is governed by >eneva conventions and additional protocol I

Noninternational armed con8ict if armed con8ict is restricted to the territory of a

single state either by '4( regular armed forces /ghting against armed groups% '6(

armed groups /ghting against each other.

] 0lements3

^ armed violence must be protracted

^ engaged in by an organi@ed group



42/48


So riots are considered internal disturbances.

>overned by $ommon *rticle H of the : >eneva $onventions and *dditional ProtocolII

Noninternational Internal *rmed $on8ict vs. Internal -isturbance

)ests3

4. Intensity of the $on8ict 'Protracted( consider the seriousness of the attac"s%

increase in armed clashes% spread of clashes over territory and over a period oftime% etc.

6. 7rgani@ation of the Parties '7rgani@ed *rmed >roups( headquarters% @ones of

operations% ability to procure and transport arms% etc.

*re there thresholds on this respect

Protracted

if the con8ict for e9ample lasted for two wee"s% protracted

,ased on the decisions of ad hoc tribunals% 'before I$$% we created ad hoc tribunals

to punish international crimes e9. International criminal tribunal of the former

ugoslavia 'I$)(% International criminal tribunal of 2wanda 'I$)2( they weredissolved after the prosecution of the accused peersons in the atrocities committed

in the former ugoslavia and 2wanda% after that% no more na% thatGs why I$$ was

created(



43/48


I$) and I$)2 cases have been discussing certain threshold but without speci/city.

It depends on the circumstances. +sually if it lasted for months and years then it is

enough evidence of the protracted element of the armed con8ict.

protracted requirement% intensity of the con8ict over a period of time 'no speci/c

number(

7rgani@ed group

loo" into the speci/c manifestations of the group as organi@ed

e9. Baving established headquarters. )here are @ones of operations. *bility to

procure and transport arms. Structure of the organi@ation 'so someone is considered

a leader% others considered subordinates and they have e9ercised such principle of

superior and inferior relationship(

If not organi@ed% IBL does not apply. It means that the domestic law will have

#urisdiction. It becomes the responsibility of that government where the con8ict is

occurring to prevent or prosecute the perpetrators but not the I$$.

IBLGs ob#ective is to humani@e the eects of war. So the primary ob#ective of IBL is

the protection of3

4( civilian a person who does not belong to the armed force and therefore is not a

combatant.

Bowever if a civilian ta"es part directly in hostilities then he may lose his status as a

civilian. )he diCcult question in IBL is what would be the e9tent of participation thatshould be considered as direct participation in hostilities. Medical support% for

e9ample% is that direct participation 7r should it refer also to the use of the arms

as against the other group

6( civilian ob#ectsob#ects which are not military ob#ectives.



44/48


Military ob#ect is that which by its nature% location% purpose or use ma"e eective

contribution to military advantage. * bridge% for e9ample% is that a military ob#ect

$an it be sub#ect of an attac" >asoline station $hurch )emples &ala% noh IBL is

not listing down the military ob#ects because it all depends on the nature% location%

purpose or use so that for e9ample% a temple or church per se is not a military

ob#ect but certainly in the course of war the opponents for e9ample found shelter in

the church or in a temple and under the circumstances "illing them even if it would

result to the destruction probably partly only of the temple% then there is no

violation.

&hat is an ob#ect of an attac" in any form )o winV So if it contributes to military

advantage then the ob#ect is considered military ob#ect.

$ombatants are precluded from ma"ing as targets the civilians and civilian ob#ects.

)his practically embodies the Principle of -istinction.

Principle of -istinction 'IBL(3 $ombatants must at all times distinguish between

civilian% civilian ob#ects and military targets.

Principle of Precautionary Measures

7nly military ob#ects can be the sub#ect of attac".

*ilitary Ob5ect [ is that which by its nature, location, purpose or use ma"e

eective contribution to military action and advantage.

093 ,ridge% >asoline Stations% $hurch% )emples [ )hese are not military ob#ects per

se. ,ut it can be a Military 7b#ect if in the course of war% the opponents% for



45/48


e9ample% found shelter in a church or in a temple. +nder the circumstances% "illing

them% even if it will result to the destruction% probably partly only of the temple

'because there is also the Principle of Proportionality(% then there is N7 violation.

0ven if a portion of the temple may be destroyed if only to accomplish Militaryaction and advantage.

YIBL is not listing down the ob#ects that are considered Military 7b#ects because it

all depends on the nature, location, purpose and use.

&hat is the 7b#ective of an attac" )he ob#ective is to win. Aore" So if this

contributes eectively to military advatange then the ob#ect may actually be

considered as a Military 7b#ect.

*ilitary ecessity

*ttac"s must be limited strictly to military ob#ectives and whose total or partialdestruction% capture or neutrali@ation oers a de/nite military advantage.

9ilitary advantage simply means eort to win the battleWwar.

,rinciple o) ,roportionality

$orollary to the Principle of Military Necessity. ou can attac" military ob#ects but

you observe the Principle of Proportionality and you "now what that means. )he

groupWarmed force must only use such amount of weaponW"ind of weapon that is

necessary to accomplish military ob#ective. For e9ample% the opponents are armed

with #ust short /rearms li"e handguns it may not be proportional to use missileagainst them. )he use of weapons of mass destruction may be considered a

violation of the principle of proportionality. Present issue now is% the use of what we

call $luster Munitions.

:Cluster 9unition ) a form of air)dropped or ground)launched e#plosive weapon that

releases or ejects smaller submunitions.

Aita mo sa Ironman% "atong part 6 >uided missiles bah. Aanang% usa lang "a

missile nya mo split into submissiles. &eapon of Mass -estruction. 7ngoing pa ang

debate ana class. In fact% we mooted on that% I thin" H years or 6 years ago about

the Principles that should govern regarding $luster Munitions. Naay may ni arguenga dili mana siya violation of the doctrine of proportionality because >uided man.

,ut it!s a lot complicated though. ,ut the basic idea of Proportionality refers to the

AIN- of weapon used and the 0T)0N)W0FF0$)S of the attac".

,rinciple o) /istinction



46/48


*t all times% combatants must distinguish between civilians and military ob#ects.

&ri#es punished by =&&

4. >enocide6. $rimes against BumanityH. &ar $rimes:. $rimes of *ggression

YFound in the 2ome Statute5 read the speci/c de/nitions.

)his is International $riminal Law and there are also principles in domestic

criminal law that are also applicable. )he usual requirements on Mens 2ea

and *ctus 2ios for e9ample are observed in International $riminal Law and

that is relevant as far as >enocide is concerned. &7N every "illing of a group

will constitute >enocide% maybe it is #ust e9termination or DMarderE 'Murder.Behe( instead of >enocide.

Y-o not ever thin" that every "illing of a group is considered >enocide.

/rticle ; !&596 S(/(genocide> means any of the following actscommitted with intent to destroy, in whole or in part, a national# ethnical#racial or religious group, as such$

!a ?illing members of the group@

!b Causing serious bodily or mental harm to members of the group@

!c 4eliberately inAicting on the group conditions of life calculated to bringabout its physical destruction in whole or in part@

!d Imposing measures intended to prevent births within the group@

!e 8orcibly transferring children of the group to another group.

Limited ang genocide to those groups mentioned.

D*s suchE is important because that is where you have to loo" into theMens 2ea of the perpetrators. &ere they "illed because of their being arace 7r their being a religious group 7r for some other purpose



47/48


Anow and understand the elements of the crimes under the 2omeStatute.

Never mind $rimes of *ggression

&ho may be held liable Individuals. ,ut don!t you "now that applying theBamashita Principle% an individual may be punished either because3

4. he directly participated in the commission of the crime% or6. he was simply a superior or a commander who did not even order the

commission of the crime but may be held liable because of his failure toeither3 a( P2010N)% if he "new of the plot before it was actually committed orb( his F*IL+20 )7 P+NISB after the crime has been committed. P2IN$IPL0

7F $7MM*N- 20SP7NSI,ILI)

!uperior Liability

*ng superior di man ang muperform sa act% but he is liable for his failure to prevent

or punish. So you have to ta"e note of that also. So% a superior should be held liable

and those perpetrators should also be held liable in their individual capacity. &hy

was superior responsibility or command responsibility embodied in the 2ome

Statute ,ecause it was observed in the past% ang mga generals% military

commanders% they will feign ignorance for e9ample and claim that they did not

order% we!re not aware% we did not "now that our men committed rape in the

Philippines% or that it was not our instruction [ but if it can be established that under

the circumstances of the case and under the organi@ational structure that that

superior has authority and control over his subordinates% he should be held liable for

his omission% omission to prevent and omission to punish. )hat is the basic idea of

superior responsibility and command responsibility.

,y the way% we use command responsibility class for those superiors in the regular

*rmed Force% and we use superior responsibility for those persons who do not

belong to the regular *rmed Force% because remember% ang component sa armedcon8ict% di man usually required nga naay government% "ai pwede man nga

between two armed groups% and these are not members of the regular *rmed

Forces. So "ato silang mga superiors nila% may be held liable under superior

responsibility% and "ung military commander% then it is command responsibility that

we use. So% that practically ends our discussion in IBL% I believe that these are the

important areas that we sould loo" into. +nited Nations% you will still include that in



48/48


the e9am% although I thin" most of these had already been discussed% tal"ing about

Nicaragua again% #urisdiction of the I$?. ?ust focus on the I$? for provisions in the +N

charter. For peaceful settlement of disputes between states% I want you to ta"e note

of the statute creating the I$?. *nd then% in the I$$ or the 2ome Statute% Imentioned in the outline *rticles 4 to K% 6< to HH only. ou don!t have to read

everything there. So% coverage for /nals would be from acquisition of territory up to

the last topic. Please bear with the fact that we perhaps did not have enough time

to cover everything% because this is the /rst time that I have handled IBL as basic

course.

,itaw class% I!ll see you in the /nals.

2alph3 See you in the review sirV

Sir3 BahahaV

pil finals notes

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