Public International Law-Branch of public law which regulates the relations of states and other entities which have been granted international personality.-deals also with their relation with persons, natural or juridical

Conflict of Laws-Domestic law which deals with cases where there are questions of the applicability of foreign law or the role of foreign entities.

Divisions of International Law

1. The Laws of Peace – Governs the normal relations of states

2. The Laws of War – rules during periods of Hostilities

3. The Laws of Neutrality – Rules governing states not involved in the hostilities in relation to states in war

SourcesA. Primary Sources

International Treaties and Customs – when concluded by a sizeable number of states and is reflective of the will of the family members of nations

International Customs – practices which, through persistent usage, have grown to be accepted by States as legally binding

Requisites-State Practice – a consistent and uniform

external conduct of States-Opinio Juris – accompanied with conviction

that the State is legally obligated to do so int’l law, and not through mere courtesy or comity, or because of humanitarian reasons

General Principles of Law – rules based on natural law; rules because of their intrinsic merit, have been accepted and are being observed by the majority of civilized states

B. Subsidiary SourcesDecisions of Courts – means of determination

of rules of law that is acceptable so long as they correctly interpret and apply international law

Teaching of publicists – learned writings of publicists

Bases of International LawThe law of Nature School – rules of conduct

discoverable by every individual in his own conscience and through application of right reasons

The Positivist School – agreement of sovereign states to be bound by it (express in conventional law, implied on customary law, and presumed in general principles)

Eclectic/Grotian School – international law is binding partly because it is good and right and partly because states agreed to be bound by it

Functions of International School (PFPE)1. Promote international peace and security in the community of nations and to prevent the use of force, including war, in all international relations2. Foster friendly relations among nations and discourage use of force in the resolution of differences among them3. Provide for orderly regulation of conduct of states in their mutual dealings4. Ensure international cooperation in pursuit of certain common purposes of economic, social, cultural or humanitarian character

Bases of Applying International Law in Local Jurisdiction

A. Doctrine of Incorporation – Kelog-Brian Pact (1928)

Sec.2 Art. II 1987 Constitution- The Philippines renounces war as an

instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with

all nations.Secretary of justice v. Lantion (G.R. No.

139465, Jan 18, 2000)- In case of Conflict between and municipal law

and international law, apply municipal lawTanada v. Angara (272 SCRA 18 1997)- The Sovereignty of a State therefore cannot in

fact and in reality considered absolute. Certain restrictions enter into the picture: (1) Limitations imposed by the very nature of

membership in the family of nations; (2) Limitations imposed by treaty stipulations

B. Doctrine of Transformation- requires the enactment by the legislative body

of such international principles as are sought to be part of municipal law.

-The generally accepted principles of international law are not per se binding upon the State but must first be embodied in legislation enacted by the lawmaking body and so transformed into municipal law.

Subject of International Law-Every entity that has rights and responsibilities under International Law having capacity to maintain its rights by bringing international claims

State – a community of persons more or less numerous (people) occupying a fixed territory (territory) and possessed of an independent government organized for political ends (government) to which the great body of inhabitants render habitual obedience (sovereignty)

Doctrine of “Acts of State” A nation is sovereign within its own borders and

its domestic actions may not be questioned in the courts of another nation

Colonies – a dependent political community consisting of a number of citizens of the same country who have migrated there form to inhabit another country but remain subject to the mother state

Dependencies – a territory distinct from the country which the supreme sovereign power resides but belongs rightfully to and subject to the laws and regulations which the sovereign state may prescribe

Mandates – Non-self-governing territories which have been placed under international supervision to insure their political, economic, social and educational advancement

Trust Territories – a colony or territory placed under the administration of one or more countries by commission of the U.N.

The Vatican – Lateran Treaty – established the creation of Vatican as a separate State from Italy

The Holy See v. Rosario, Jr. (December 1, 1994)

The United Nations

Purpose of the UN (M-DAH)-Maintain international peace and security-Develop friendly relations among nations-Achieve international cooperation-Center for harmonizing actions of nations for attainment these common goals

Structure of the UN

1. General Assembly – Central organ of the UN where all members are represented

Functions and Powers Consider and make recommendations on

the general principles of cooperation for maintaining international peace and security, including disarmament

Discuss any question relating to international peace and security and, except where a dispute or situation is currently being discussed by the Security Council, make recommendations on it

Discuss, with the same exception, and make recommendations on any questions within the scope of the Charter or affecting the powers and functions of any organ of the UN

Initiate studies and make recommendations to promote international law, the realization of human rights and fundamental freedoms, and international collaboration in the economic, social and humanitarian, cultural, educational and health fields

Make recommendations for the peaceful settlement of any situation that might impair friendly relations among nations

Receive and consider reports from the Security Council and other UN organs

Consider and approve the UN budget and establish the financial assessment of member states

!! Elect the non-permanent members of the security council and the members of other UN councils and organs and, on the

recommendation of the Security Council, appoint the Sec-Gen !!

2. The Security Council – organ responsible for the maintenance of peace and security; undertakes preventive and enforcement actions

3. Economic and Social Council – exerts efforts towards higher standards of living, solutions for international economic, social, health and related problems universal respect for and observance of human rights and fundamental freedoms

4. Trusteeship Council – organ charged with the administration of the International Trusteeship System (idle council)

5. The Secretariat – the chief administrative organ

6. International Court of Justice (ICJ) – judicial organ of the UN; World Court governed by the statute which is annexed to and made part of the UN Charter

Seat – Hague, The Netherlands, Peace Palace (Yes. With “The”)

Members – 15 judgesTerm – 9 years; 1/3 retires every 3 years (5 new

members to be elected every 3 years)

Jurisdiction

Interpretation of treaty Question of international law Existence of fact constituting a breach

of international obligation Nature or extent of the reparation to be

made for the breach of an international obligation

To render advisory opinions

Limits1. Only states may be parties in cases before it2. Consent of the parties is needed for the court to acquire jurisdiction over a case

Belligerent Communities- group of rebels under an organized civil

government who have taken up arms against the legitimate government. When recognized, considered as a separate state for purposes of conflict and entitled

to all rights and subjected to all the obligations of a full pledged belligerent under the laws of war.

International Administrative Bodies-Created by agreement between states: (1)

their purpose is mainly non-political, (2) they are autonomous

SEAFDEC-AQD v. NLRC Feb 14, 1992-One of the basic immunities of an international

organization is immunity from local jurisdiction.

Individuals – an object of int’l law who can act only through the instrumentality of his own state in matters involving other states.

Concept of State

Elements-People-Territory-Government-State

PeopleCitizens – a member of a country, native or

naturalized, having rights and owing allegiance to such countryNationals – persons who are member of a

particular nationSubjects – member of a state in relation to his

government or owing allegiance to sovereign or other ruler, or any member of a state except the sovereign himself.

Territory

Terrestrial or Land DomainModes of acquiring Land Territory

Discovery and Occupation – territory not belonging to any state is placed under the sovereign of the discovering state

Prescription – territory of one state is transferred to the sovereignty of another state by reason of the adverse and uninterrupted possession thereof by the latter for a sufficiently long period of time

Cession – territory belonging to one state is transferred to the sovereignty of another state in accordance with an agreement between them.

Conquest – Taking of possession of a territory through armed force. For acquisition of conquered territory, it was necessary that the war had ended either by treaty or by indication that all resistance had been abandoned. Moreover, the conqueror must have had the intention of acquiring the territory and not just occupying it.

Accretion – accession cedat principali

Doctrine of Effective Occupation-The nationals of the discovering state, in its

name or by its authority, must first take possession of the territory, thereafter they must establish thereon an organization or government capable of making its laws respected

Internal Waters- Bodies of waters within the land mass and

waters adjacent to the coasts of the state up to a specified limit.

Maritime or Fluvial Domain- Rivers, Bays, Straits, Gulfs

Thalweg Doctrine – for boundary rivers, in the absence of an agreement between the riparian states the boundary line is laid on the middle of the main navigable channel

Middle of the Bridge Doctrine – where there is bridge over a boundary river, the boundary line is middle or center of the bridge

Archpelagic Doctrine- Integration of a group of islands to the sea and

their oneness so that together they can constitute one unit, one country and one state.

- An imaginary line single baseline is drawn around the islands by joining appropriate points of the outermost islands of the archipelago with straight lines and all islands and waters enclosed within the baseline form part of the territory. Main purpose is to protect the territorial interests of an archipelago

KindsCoastal – situated close to a mainland and may

be considered a part thereofMid-ocean – situated in the ocean at such

distances from coasts of a firm land

United Nations Convention n the Laws Of the Sea (UNLCOS)

-Law of the Sea Convention or Law of the Sea treaty-Defines the rights and responsibilities of nations in their use of the world’s oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.- Now regarded as a codification of the customary international law on the issue.

International Tribunal for the Laws of the Sea (ITLOS)

Straight Baseline Method - Straight lines are made to connect appropriate points on the coast without departing radically from its general direction.

Territorial Sea-belt of coastal waters extending at most 12 nautical miles from the baseline-Sovereign territory of the state-Foreign military and civilian ships are allowed innocent passage

Contiguous Zone-outer edge of the territorial sea to up to 24 nautical miles from the baseline- state has limited control for the purpose of preventing or punishing infringement of its customs, fiscal, immigration or sanitary laws and regulations

Exclusive Economic Zone- extends 200 nautical miles from the baseline of the territorial sea- coastal nation has control of all economic resources within its exclusive economic zone and pollution of those resources.

- cannot regulate or prohibit passage or loitering above, on, or under the surface of the sea, innocent or belligerent.

Continental Shelf-stretch of the seabed adjacent to the shores of a particular country to which it belongs

High Seas-res communes or res nullius

Doctrine of Hot Pursuit-If an offense is committed by a foreign merchant vessel within the territorial waters of the coastal state, its own vessel may pursue the offending vessel into the open sea (high sea) and upon capture bring it back to its territory

Requisites:- must have begun before the offending vessel has left the territorial waters or contiguous zone of the coastal state-pursuit must be continuous or unabated-conducted by warship, military aircraft, or government ships authorized for the purpose-it ceases as soon as the ship being pursued enters the territorial sea of its own or of a 3rd state.

Government

Forms of Government (26)-Anarchy-Commonwealth-Communism-Confederacy (Confederation)-Constitutional-Constitutional Democracy-Democracy-Democratic Republic-Dictatorship-Ecclesiastical-Federal (Federative)-Federal Republic-Maoism-Marxism-Marxism-Leninism-Monarchy

-Oligarchy-Parliamentary Democracy-Parliamentary Government (Cabinet-Parliament)-Parliamentary Monarchy-Republic-Socialism-Sultanate-Theocracy-Totalitarian

Doctrine of Recognition of Government1. Wilson-Tobar Doctrine – precludes recognition of government established by revolution, civil war, coup d’etat or other forms of internal violence until the freely elected representatives of the people have organized a constitutional government

2. Estrada Doctrine – dealing or not dealing with the government established through a political upheaval is not a judgement on the legitimacy of the said government

3. Stimson Doctrine – precludes recognition of any government established as a result of external aggression.

Effects of recognition of a State or Government- recognition is only provisional and only for the purposes of hostilities

1. responsibility for acts of rebels resulting to injury to nationals of recognizing state shall be shifted to rebel government2. legitimate government recognizing the rebels as belligerents shall observe laws or customs of war in conducting hostilities3. 3rd states recognizing belligerency should exercise neutrality

Kinds of Recognition of Government

De Facto – recognition is only provisional; depends on the duration of the armed struggleDe Jure – relatively permanent; vests title to properties of government even abroad and brings about full diplomatic intercourse and observance of diplomatic immunity.

Requisites:-Stable and effective-no substantial resistance to its authority-shows willingness and ability to discharge its international obligation-must enjoy popular consent or approval of the people

Sovereignty- Supreme and uncontrollable power inherent in a State by which that State is governed. It is the supreme power of the state to command and enforce obedience, the power to which, legally speaking, all interests are practically subject and all wills subordinate

KindsInternal – the relationship between sovereign and its own subjectsExternal – concerns the relationship between a sovereign power and political bodies outside itself, such as other nation states

Is Sove. Absolute?- (Tanada v. Angara) While sovereignty has traditionally been deemed absolute and all-encompassing on the domestic level, it is however subject to restrictions and limitations voluntarily agreed to by the Philippines, expressly and impliedly, as member of the family of nations-Doctrine of Incorporation (Kelog-Brian Pact)

Effect of change of Sove.Political Laws – of the former sovereign are automatically abrogated, unless they are expressly re-enacted by an affirmative act of the new sovereignMunicipal Laws – remains in force

Belligerency (see Belligerent Communities)Conditions of Belligerency-there is an organized civilian government-occupies a substantial portion of territory-conflict is serious and outcome is uncertain-willing to observe the laws of war

Effects of recognition of belligerency (see effects of recognition of government)

Principle of State Continuity

-the state continues as a juristic being notwithstanding changes in its circumstances provided only that such change do not result in the loss of any of its essential elements.

Creation of New State (SARAP-U)-Peaceful acquisition of Independence-Revolution-Unification of Several States-Secession-Agreement-Attainment of Civilization

Extinction of State (OEAMDDP)-Overthrow of Government resulting in Anarchy-Emigration en masse-Annexation-Merger or Unification-Dismemberment-Dissolution of Federal Government-Partial loss of Independence

Fundamental Rights of States (EsSiETjL)

Right of Existence and Self-Defense- Most comprehensive of all as all other rights of a state flow from it. They may take measures including the use of force as may be necessary to counter-act any danger to its existence.

Aggression – Use of armed force by a state against sovereignty, territorial integrity, or political independence of another state or in any manner inconsistent with the UN charter.

Requisites of Self-Defense-Armed Attack-Self-defense action taken by the attacked state must be reported immediately to the Security Council (UN)-Such action shall not affect in anyway the right of the Security Council to take action at anytime as it deems necessary to maintain or restore international peace

Right of Sovereignty and Independence Sovereignty – totality of the powers, legal competence, and privileges arising from

customary international law, and not dependent on the consent of another stateIndependence - freedom from control by other state or group of states and not freedom from restrictions that are binding on all states forming the family of nations; carries with it by necessary implication the correlative duty of non-intervention

Right of Equality-Parem Habet (latin)-Equality of All Sovereign

Right of Territorial Integrity and Jurisdiction- A state cannot take measures on the territory of another state by way of enforcement of national laws without the consent of the latter.

Right of Legation-Right of the state to maintain diplomatic relations with other states-Governed by the Vienna Convention of Diplomatic Relations (1961)-Active Right – to send diplomatic representative-Passive Right – to receive diplomatic representative

Agents of Diplomatic Intercourse-Heads of State-Foreign secretary or minister-Members of diplomatic service

Functions of Diplomatic Missions-Representation-Protection of the interests of the sending state and its nationals-Negotiation

Aggreation-the resume of a Diplomatic Agent

Kinds of ConsulsDe Missi – sent by the sending stateDe Electi – requested by the receiving state

RanksConsul-GeneralConsul

Vice-ConsulConsular Agent (4)

Privileges and Immunities Accorded to Diplomatic EnvoysJeffrey Liang v. People, Mar 26, 2001-immunity from suit in the conduct of necessary functions

Extraterritoriality- Authority over persons, things or acts outside its territorial limits by reason of their effects to its territory

Treaty- An international agreement concluded between states in written form and governed by international law whether embodied in a single instrument or in two or more related instruments

Requisites of a Valid Treatya. Entered into by parties having treaty making capacityb. Through their authorized organs or representativesc. Without attendance of duress, fraud, mistake or other vices of consentd. Lawful subject matter and objecte. Ratification in accordance with their respective constitutional processes

Bayan v. Executive Secretary October 10, 2000 G.R. No. 138570

Steps in treaty making process (NSPER)1. Negotiation2. Signature3. Ratification4. Exchange of instruments of ratification5. Registration with the UN

Concordat – A treaty or agreement between ecclesiastical and civil powers to regulate the relations between the church and the state in those matters which, in some respect, are under the jurisdiction of both

Doctrine in TreatiesJus Cogens – States cannot deviate from their agreement

- If a treaty, at the same time of its conclusion, conflicts with jus cogens it is void -rule which has the status of a peremptory norm of international law

Elements- a norm accepted and recognized by the international community of States as a whole- as a norm from which no derogation is permitted- it can only be modified by a subsequent norm having the same character

Pacta Sunt Servanda – Every treaty in force is binding upon the parties to it and must be performed by them in good faith.- This applies despite hardships on the contracting State such as conflicts between the treaty and its Constitution

Rebus Sic Stantibus - legal principle which would justify non-performance of treaty obligations where an unforeseen or substantial changes occur which would render one of the parties thereto unable to undertake treaty obligations as stipulated therein

Most Favored Nation Clause – pledge made by a contracting party to a treaty to grant other party treatment not less than favourable than that which had been given or may be granted to the most favoured among parties

Termination of Treaties (BE VOID LOAN)- Extinction of one party if treaty is bipartite- Expiration of Term- Voidance- Outbreak of War- Impossibility of performance- Desistance of parties- Loss of subject matter- Occurrence of vital change of circumstances- Accomplishment of purpose- Novation

Protocol De Cloture- A Final Act

- An instrument which records the winding up of the proceedings of a diplomatic conference and usually includes a reproduction of the texts of treaties, conventions, recommendations and other acts agreed upon and signed by the plenipotentiaries attending the conference.- It is not a treaty itself, hence does not require the concurrence of the Senate- Adopted without ratification

Nationality – an affiliation with a particular nation or sovereign state- Nationality is inferior to citizenship, insofar as the latter implies a full set of political privileges and the former do not.- People generally acquire a nationality by birth within a particular country’s territory, by inheritance from one or both parents, or by naturalization.

Doctrine of Effective Nationality- Art. 5 Hague Convention – 1930 Conflict of Nationality Laws- Within a third state, a person having more than one nationality shall be treated as if he had only one:

- either the nationality of the country in which he is habitually and principally resident- or the nationality of the country with which in the circumstances he appears to be in fact most closely connected

Statelessness- A condition or status of an individual who is born without any nationality or who losses his nationality without retaining or acquiring another.

De Jure Statelessness- no recognized state in respect of which subject has legally no basis to claim nationality

De Facto Statelessness- may have a legally meritorious claim but is precluded because of circumstances of civil disorder or fear of persecution

AliensTreatment of Aliens- No State is under obligation to admit aliens- The State can determine in what cases and what conditions it may admit aliens

Deportation – expulsion of an alien considered undesirable by local state, usually but not necessary to his own state.

Reconduction – forcible conveying of aliens back to their home state without any formalities.

Doctrine of State Responsibility- State may be held liable for injuries and damages sustained by the alien while in the territory of the state provided:

- The act or omission constitutes an international delinquency- Directly or indirectly imputable to the State- Injury to the Claimant State indirectly because of damage to its national

Calvo Doctrine – provision inserted in contracts in which the foreigner agrees in advance not to seek the diplomatic protection of his national State

Drago Doctrine – Hague Convention of 1907- The contracting powers agree not to have

recourse to armed forces for the recovery of contract debts claimed for the government of one country by the government of another country as being due to its nationals. (Collecting public debts)

Refugees- UN Convention to the Status of Refugees 1951 and UN Protocol 0f 1976- A person who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside her or his nationality and who is unable or unwilling to return.

Requisites- Those who are outside the country of his nationality or if stateless, outside the country of his habitual residence- Lacks national protection- Fears persecution

Non-refoulement – prohibits a state to return or expel a refugee to the territory where he escaped because his life or freedom is threatened.- the state is under obligation to grant temporary asylum

Asylum1. Diplomatic Asylum – refuge in diplomatic premises2. Political Asylum – refuge in another state for political offense; danger to life and no assurance of due process

Extradition- a process wherein surrender of a fugitive by one state to another where he is wanted for prosecution or if already convicted, for punishment.- Surrender is made at request of latter state on basis of extradition treaty

International Extradition and Interstate Rendition- Article IV, Section 2, Clause 2- A person charged in any state with treason, felony, or other crime who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.

General Principles of Extradition- Treaty based on consent of parties- Principle of Specialty- a fugitive who is extradited may be tried only for the crime specified in the request for extradition and included in the list of offenses in the treaty- Non-list Type of Treaty - offenses punishable under the laws of both states by imprisonment of at least 1 year is an extraditable offense- Political and religious offenses are not extraditable- Need not be a citizen of the demanding state- offense committed within the territory or against the interest of the demanding state.

Purpose of Extradition- USA v. Purganan Sept. 24, 20021. determine whether the extradition request complies with the extradition treaty2. Whether the person sought is extraditable

Attenant Clause- assassination of head of state or any member of his family is not regarded as political offense for purposes of extradition; genocide

International Dispute- Actual disagreement between states regarding conduct to be taken by one of them for protection or vindication of interest of other

Pacific or Amicable Methods (NETCAMJR)

Negotiation – A process wherein there is a discussion by the parties of their respective claims and counterclaims with a view to the just and orderly adjustment; 1 st step

Enquiry – an investigation of the points in question with the view that this will contribute to the solution of the problem; made by an impartial fact finding body

Tender of Good Offices – a method by which a third party attempts to bring the disputing states together in order that they may be able to discuss the issues in contention

Conciliation – 3 rd party participates in order to settle the conflict as solicited by the disputants. Suggestions of conciliator are not binding.

Arbitration – a process by which the solution of a dispute is entrusted to an impartial tribunal usually created by the parties themselves under a charter known as the compromise . The proceedings are essentially judicial and the award is, by previous agreement, binding on the parties.

Medication - a 3 rd party actively participates in the discussion in order to reconcile the conflicting claims. Suggestions of mediator are merely persuasive.

Judicial Settlement – usually compulsory; the law applied by the tribunal is independent of the will of the parties

Resort to International Organizations/Regional Organizations – resorted to by the parties on their own volition or taken by the body itself at its own instance if allowed by agreement of the members.

Hostile Methods (SIRR)

Severance of diplomatic relations – no obligation to maintain diplomatic relations, severance of diplomatic relations is not prohibited.- Dist. from suspension of diplomatic relations = suspension involves withdrawal of diplomatic representatives but not consular representation.

Intervention – act by which state interferes with domestic or foreign affairs of another state through the use of force or threat of force.

Sanctioned when:- act of self-defense- when decreed by the Security Council as a preventive enforcement action for the maintenance of international peace and security- when such action is agreed upon in a treaty- when requested from fellow states or from the UN by the parties to a dispute or a state best by rebellion

*see Drago Doctrine

Retorsion – consists of unfriendly, but not internationally illegal act of one state against the other in retaliation of the latter’s unfriendly or inequitable conduct, usually resorted to by the states in cases of unfair treatment of their citizens abroad.- need not take any form of retaliation in kind, so long as not internationally illegal act- not contrary to public international law or treaty obligation

Reprisal – denotes any kind of forcible or coercive measures whereby one state seeks to exercise a deterrent effect or to obtain redress or satisfaction, directly or indirectly, for the consequences of the illegal acts of another state, which has refused to make amends for such illegal conduct

- Display of force- Pacific blockade- Occupation of territory- Suspension of treaties- Embargo – detention by state seeking redress of vessels of offending state or its nationals, whether such vessels are found in territory of former, or in the high seas

War – armed contention between public forces of states or other belligerent communities implying employment of force between parties for purpose of imposing their respective demands upon each other.

Principles of War

- Military Necessity - Principle of Chivalry- Principle of Humanity

Philippine International Humanitarian Law (R.A. 9851)Punishable Acts- Genocide (Sec.6)- War Crimes (Sec.4)- Crimes against humanity (Sec.5)

Sanctions of the Laws of War- Protest lodge with the neutral powers- Reparation for damages- Punishment of war crimes- Compensation

Jus ad bellum – a set of criteria that are to be consulted before engaging in war; in order to determine whether entering into war is permissible

Jus in bello – standards or limits defining acceptable conduct while already engaged in war. Doctrines concerning the protection of civilians in wartime, or the need of proportionality when force is used

Commencement of War- commences on the date specified in the declaration or on the date it is communicated to the enemy- in International Law, war commences upon the commission of an act of force by one party done animo belligorendi or even if that party had no such intent, if the other party elects to treat the act of force as having been done with such intent

1. Declaration of War – communication by one state to another informing the latter that the condition of peace between them has come to an end and condition of war has taken place.

2. Ultimatum with a Conditional Declaration of War – a written communication by one state to another which formulates, finally and categorically, the demands to be fulfilled if forcible measures are to be averted.*Ultimatum – the final and categorical proposal made in negotiating a treaty, contract or the like.

Termination of War

1. Simple Cessation of Hostilities – the states involved in the war ceased their aggression against the other or has lowered their arms against the other, and the other state reciprocates it by doing the same as a sign of intent to terminate or cease the war.

2. Treaty of Peace – the states involved in the war or the states that are in conflict with one another enter into a peace treaty or agreement duly signed by the leaders of said states for the cessation or termination of the war that they are involved in and to resolve their conflicts amicably and through diplomacy

Treaty of Versales – WWITreaty of Potsdam – WWII

3. Unilateral Declaration by the Victor – usually take the form of a decree or a presidential proclamation or a notice in the official gazette.

Jus Postiliminy – revival or reversion to the old laws and sovereignty of territory which has been under belligerent occupation once control of the belligerent occupant is lost over the territory affected; by treaty

Uti Possidetis – allows retention of property or territory in the belligerent’s possession at the time of the cessation of hostilities

Effect of Outbreak of War

1. The laws of peace cease to regulate the relations of the belligerents and superseded by the laws of war.

2. Diplomatic and consular relations between the belligerents are terminated, and their respective representatives are allowed to return to their respective countries

3. Treaties of political nature, such as treaties of alliance, are automatically cancelled, but those which are precisely intended to operate during war, such as one regulating the conduct of hostilities, are activated.

4. Enemy public property found in the territory of the other belligerent at the outbreak of the hostilities is with certain exceptions, subject to confiscations. Enemy private property may be sequestered, subject to return

or reimbursement after the war in accordance with the treaty of peace.

Combatants – those who engage directly in the hostilities. Only the combatants may lawfully wage war and are thus subject to direct attack from the enemy. When captured, they are entitled to treatment as prisoners of war.

a. members of the armed forces except those not actively engaged in combat, such as chaplains and medical personnel

b. irregular forces provided that (1) they are commanded by a person responsible for his subordinates (2) they wear a fixed distinctive sign recognizable at a distance (3) they carry arms openly, and (4) they conduct their operations in accordance with the laws and customs of war

c. inhabitants of unoccupied territory who, on approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves, provided only that they carry arms openly and observe the laws and customs of war.

d. officers and crew of merchant vessels who forcibly resist attack

Non-privileged combatants – non-individuals who take up arms or commit hostile acts against the enemy without belonging to the armed forces or forming part of irregular forces which comply with the requirements laid down in the relevant international covenants. - They are not entitled to the status of prisoner of war, they shall nevertheless be treated with humanity and shall in no case be deprived of the rights to fair and regular trial as provided in the 1949 Geneva Convention Relative to the Treatment Civilian Persons in the Time of War.

Non-combatants – those who should not be subjected to attack as they are not supposed to participate in the actual fighting. They do not enjoy identical rights when captured but are nevertheless protected from inhumane treatment under the Geneva Convention of

1949 relative to the treatment of civilian persons in the time of war.

Prisoners of War - applies to prisoners of war who are captured in a properly declared war or any other kind of “armed conflict”, even if any of the combatant powers do not recognize the existence of a state of war. Also applies to partial or total occupation of territory even if the occupation meets with no armed resistance.

1. members of the armed forces, as well as members of militias or volunteer corps forming part of such armed forces2. members of other militias or volunteer groups, including those of organized resistance movements, subject to compliance with certain conditions3. members of regular armed forces professing allegiance to a government or an authority not recognized by the capturing state4. various categories of person accompanying an army unit, such as civilian members of military aircraft crew, war correspondents, etc. provided they are authorized to be with the army or unit5. members of the crew of merchant vessels and civilian aircraft who do not benefit by more favourable treatment under any other provisions of international law6. members of the population of non-occupied territory who take up arms as a levee en masse against an invading enemy.

Rights of POWs1. humane treatment2. not subject to torture3. allowed to communicate with their families4. receive food, clothing, religious articles, medicine5. bare minimum information6. keep personal belongings7. proper burial8. group according to nationality9. establishment of an information bureau10. repatriation for sick and wounded

Neutrality – condition of a state that does not take part, directly or indirectly in war between other states. It is dependent on attitude of neutral state, which is free to join either of belligerents any time it sees fit. It is governed by the laws of nations and is only obtained only during war.

Neutrality – a result of a treaty wherein duration and other conditions are agreed upon by neutralized state and other states and is governed by the Neutralization Agreement. It is intended to operate in peace and war.

Duties of a Neutral State

1. Abstentation – abstain from taking part in the hostilities and from giving assistance to either belligerent

2. Prevention – to prevent its territory from being used by the belligerents in the conduct of hostilities

3. Acquiescence – acquiescence in certain restrictions and limitations that the belligerents may find necessary to impose, especially in connection with international commerce

Right of Angary – belligerent may upon payment of just compensation seize, use or destroy, in case of urgent necessity for purposes of offense or defense, neutral property found in its territory, in enemy territory or on high seas.

Right of Visitation – Right of belligerent vessels and aircraft to intercept and inspect neutral merchant vessels on the high seas for the purpose of determining if they are in any way connected with hostilities, carrying contraband, attempting to reach a blockade, or engaged in unneutral service, in favour of the other belligerent.

Prohibited Acts of Neutral States

1. Breach of Blockade – occurs when a vessel, with the knowledge of the existence of the blockade, enters or leaves the blockade port through the blockaded or forbidden approach. A mere attempt to violate the blockade is treated as a consummated blockade.

2. Carriage of Contrabands – the penalty for carriage of contraband would be confiscation of the contraband cargo; innocent cargo belonging to the same owner would also be subject to confiscation under the doctrine of continuous transport when they are reloaded on another vessel or other form of transportation

Kinds of Contrabands1. Absolute Contrabands – goods which are necessarily useful for war under all circumstances, like rifles and ammunitions. They are subject to seizure so long as they are bound for enemy or enemy-held territory

2. Conditional Contrabands – goods, like food and clothes, which have both civilian and military purposes. They may be seized only when it can be shown that they are intended for the armed forces of the authorities of the belligerent government.

Doctrines related to Carriage of ContrabandsA. Doctrine of Ultimate Consumption – Under this doctrine, goods intended for civilian use which may ultimately find their way to and be consumed by the belligerent forces are also liable to seizure on the way.

B. Doctrine of Ultimate Destination – The liability of contraband to seizure is determined not by their ostensible, but by their real destination. Even if the vessel stops at an intermediate port, it will be considered as one continuous voyage provided it could be shown that its cargo will ultimately be delivered to a hostile destination.

3. Performance of Unneutral Service – consists of acts of a more hostile character than carriage of contraband or breach of blockade, which are undertaken by merchant vessels of a neutral state in aid of any of the belligerents. It denoted carriage by neutral vessel of certain persons and dispatches for the enemy. A neutral vessel engaged in unneutral service be captured by a belligerent and treated, in general, in the same way as neutral vessels captured for carriage of contraband.

4. Prize – refers to a thing captured at sea in time of war, such as a neutral merchant vessel taken by a belligerent warship for engaging in hostile activities or resisting visit and search, or because of reasonable suspicion that is liable to confiscation.

Prize Court – a tribunal established by a belligerent under its own laws, in its territory or in the territory of any of its aliens, for the purpose of determining the validity of maritime captures

Termination of Neutrality1. When the State joins the War2. Conclusion of Peace

Corfu Channel Case (UK v. Albania)- On the question of innocent passage, the Court found in favor of the United Kingdom, voting fourteen to two.

Notably, the Court held that a right to innocent passage existed during times of peace through straits like the Corfu Channel, which connected two parts of the high seas. The Court accepted that some Albanian regulation of passage through the Channel would have been acceptable, but not to the extent of demanding prior authorization, or of barring the passage of warships outright. This served to clarify the 1930 Hague Conference with respect to international straits. Bing Bing Jia stated that this decision meant that in peacetime, a country could not prohibit the passage of all vessels, or otherwise require authorization. Jia goes on to argue that, because Albania was unable to rapidly distinguish between the passage of Greek and other vessels during times of high political tensions, the requirement of prior notification could be lawful.

- In rejecting the British argument that Operation Retail was a justified intervention, the Court famously heldthat such a right was "the manifestation of a policy of force, such as has, in the past, given rise to most serious abuses and such as cannot, whatever be the present defects in international organization, find a place in international law". The Court also rejected the British arguments that Operation Retail was justified as self-protection or self-help, holding that "respect for territorial sovereignty is an essential foundation of international relations". While the Court found that Albania's conduct in the wake of the mining constituted extenuating circumstances for the United Kingdom, that conduct did not validate Operation Retail.

The Paquete Habana Case- The United States Supreme Court cited lengthy legal precedents established to support the existence of a customary international law that exempted fishing vessels from prize capture, dating all the way back to ancient times and occurring repeatedly between Great Britain and France. In 1403, King Henry IV of England issued his officers leave fisherman alone during times of war. He then signed a treaty with France reaffirming this act between both parties. Again in 1521 between Emperor Charles V and Francis I of France a treaty was assigned. This treaty was invoked due to a desperate rise in the markets for herring. With the war between the two countries raging on, fisherman dared not venture out to sea. Therefore, a treaty was necessary on both accounts to prevent starvation among those who relied upon cheap herring, namely the lower classes. Situations similar to this continued to crop up throughout history prior to the Paquete case. Using this as a basis for customary law, the court then eventually found the capture of both vessels as "unlawful and without probable cause", reversed the District Court's decision, and ordered the proceeds of the auction as well as any profits made from her cargo to be restored to the claimant, "with damages and costs".

Nicaragua vs. USA

- The ruling did in many ways clarify issues surrounding prohibition of the use of force and the right of self-defence. Arming and training the Contra was found to be in breach with principles of non-intervention and prohibition of use of force, as was laying mines in Nicaraguan territorial waters.

Nicaragua's dealings with the armed opposition in El Salvador, although it might be considered a breach with the principle of non-intervention and the prohibition of use of force, did not constitute "an armed attack", which is the wording in article 51 justifying the right of self-defence.

The Court considered also the United States claim to be acting in collective self-defence of El Salvador and found the conditions for this not reached as El Salvador never requested the assistance of the United States on the grounds of self-defence.

In regards to laying mines, "...the laying of mines in the waters of another State without any warning or notification is not only an unlawful act but also a breach of the principles of humanitarian law underlying the Hague Convention No. VIII of 1907.

Certain Norwegian Loans (France v. Norway)- The French Government pointed out that between France and Norway there existed a treaty which made the payment of any contractual debt a question of international law and that in this connection the two States could not therefore speak of domestic jurisdiction. But the aim of the treaty referred to, the Second Hague Convention of 1907 respecting the limitation of the employment of force for the recovery of contract debts, was not to introduce compulsory arbitration; the only obligation imposed by the Convention was that an intervening power should not have recourse to force before it had tried arbitration. The Court could, therefore, find no reason why the fact that the two Parties were signatories to the Second Hague Convention should deprive Norway of the right to invoke the reservation in the French Declaration. The French Government also referred to the Franco Norwegian Arbitration Convention of 1904 and to the General Act of Geneva of September 26th, 1928. Neither of these references, however, could be regarded as sufficient to justify the view that the Application of the French Government was based upon the Convention or the General Act: the Court would not be justified in seeking a basis for its jurisdiction different from that which the French Government itself set out in its Application and by reference to which the case had been presented by both Parties to the Court.