CHAPTER 1: GENERAL PRINCIPLES

Nature and Scope

TRADITIONAL CONCEPT: International law is a body of rules and principles of action which
are binding upon civilized states in their relations with one another.
MODERN CONCEPT: International law is the body of legal rules which apply between
sovereign states and such other entities as have been granted international personality.
(Schwarzenberger)
Divisions of International Law
1. Laws of peace govern the normal relations of states.
2. Laws of war govern the states when war breaks out between or among some of
them for the duration of the hostilities.
3. Laws of neutrality those states not involved in war continue to be regulated under
the laws of peace in their relations inter se. However, their relations with the
belligerents are governed by the laws of neutrality.
Distinctions with Municipal Law
CONSENSUS: Only those precepts applicable to relations of international persons inter se
fall within the field of international law.
MONISTS VIEW: They believe in the oneness or unity of all law. In both spheres, they
contend that law is essentially a command binding upon the subjects independently of
their will, and it is ultimately the conduct of individuals which it regulates.
DUALISTS VIEW: They believe in the dichotomy of the law. They contended that there are
certain well-established differences between international law and municipal law:
a) Municipal law is issued by a political superior for observance by those under its
authority adopted by states as a common rule of action among themselves. The
Law of Nations is a law, not above, but between sovereign states and is, therefore, a
weaker law.
b) Municipal law consists mainly of enactments from the lawmaking authority of each
state whereas international law is derived not from any particular legislation but
from such sources as international customs, international conventions, and the
general principles of law.
c) Municipal law regulates the relations of individuals among themselves or with their
own states whereas international law applies to the relations inter se of states and
other international persons.
d) Violations of municipal law are redressed through local administrative and judicial
processes whereas questions of international law are resolved through state-tostate transactions.
e) Breaches of municipal law generally entail only individual responsibility whereas
responsibility for infractions of international law is usually collective in the sense
that it attaches directly to the state and not to its nationals.
Relation to Municipal Law
DOCTRINE OF INCORPORATION (majority view): when states affirm their recognition of the
principles of international law in their constitutions. As in Section 2, Article II of our
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.
DOCTRINE OF TRANSFORMATION (minority view): the generally accepted rules 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.
Constitution v. Treaty
GENERALLY, the treaty is rejected in the local forum by is upheld by international tribunals
as a demandable obligation of the signatories under the maxim pacta sunt servanda.
ON THE OTHER HAND, it is provided in the Declaration of the Rights and Duties of States
that every State has the duty to carry out in good faith its obligations arising from
treaties or other sources of international law, and it may not invoke provisions in its
constitution or its laws as an excuse for failure to perform this duty.
IN OUR JURISDICTION, our Constitution authorizes the Supreme Court to decide, among
others, all cases involving the constitutionality of any treaty, international or executive
agreement, law, etc. Even assuming that the law infringes upon the said treaty, the treaty
is always subject to qualification or amendment by a subsequent law, and the same way
may never curtail or restrict the scope of the police power of the State. (Ichong v.
Hernandez)
Basis of International Law
1. Naturalist School of Thought the basis of international law is the law of nature.
This is described as a higher law or a rule of human conduct independent of
positive enactment and even of special divine revelation, and binding always and
everywhere in view of its intrinsic reasonableness.
2. Positivist the binding force of international law is derived from the agreement of
sovereign states to be bound by it. It is not a law of subordination but of
coordination.
3. Eclectic/Grotian offer both the law of nature and the consent of states as the basis
of international law. The system of international law is based on the dictate of right
reason as well as the practice of states. Should there be a conflict between the
two, the law of nature was to prevail as being the fundamental law, the authority of
which could not be contravened by the practice of states.
Sanctions of International Law
1. Belief shared by many states in the inherent reasonableness of international law
and in their common conviction that its observance will redound to the welfare of
the whole society of nations
2. Observed by states because of normal habits of obedience ingrained in the nature
of man as a social being
3. Respect for world opinion
4. Constant and reasonable fear of retaliation
5. United Nations as a deterrent to international disputes
Enforcement of International Law
OBSERVANCE: essentially subjective and mainly dependent on the volition of the entity
which is supposed to be governed by the law.
ENFORCEMENT: the process by which such observance may be compelled, usually by force
of at least the threat of force.

Functions of International Law

1. The primary function of international law is to establish peace and order in the
community of nations and to prevent the employment of force, including war, in all
international relations.
2. It also strives to promote world friendship by leveling the barriers, as of color or
creed, that have so far obstructed the fostering of a closer understanding in the
family of nations.
3. It endeavors to encourage and ensure greater international cooperation in the
solution of certain common problems of a political, economic, cultural, or
humanitarian character.
4. It aims to provide for the orderly arrangement of the relations of states on the basis
of substantive rules they have agreed to observe as members of the international
community.
Distinctions with Other Concepts
1. International morality or ethics embodies those principles which govern the
relations of states from the higher standpoint of conscience, morality, justice, and
humanity.
2. International comity rules of courtesy observed by states in their mutual relations,
in that violations of its precepts are not regarded as constituting grounds for legal
claims.
3. International diplomacy relates to the objects of national or international policy
and the conduct of foreign affairs or international relations.
4. International administrative law that body of laws and regulations created by the
action of international conferences or commissions which regulate the relations and
activities of national and international agencies with respect to those material and
intellectual interests which have received an authoritative universal recognition.
CHAPTER 2: SOURCES OF INTERNATIONAL LAW
1. Primary sources treaties or conventions, customs, and the general principles of
law.
2. Secondary sources decisions of courts and the writings of publicists.
Treaty
GENERAL RULE: To be considered a direct source of international law, it must be concluded
by a sizable number of states and thus reflect the will or at least the consensus of the
family of nations.
PARTICULAR INTERNATIONAL LAW: when it is limited in operation, such as bilateral
treaties.
Custom
CUSTOM: a practice which has grown up between states and has come to be accepted as
binding by the mere fact of persistent usage over a long period of time. Customary
international laws pose disadvantages:
a) Difficulty of determining when a practice can be considered to have hardened into
custom and thus acquire obligatory character

b) Inability at times to adjust to the swiftly moving developments of the international

society
USAGE: not couple with conviction that it is obligatory and right.
General Principles of Law
GENERAL PRINCIPLES OF LAW: are mostly derived from the law of nature and are observed
by the majority of states because they are believed to be good and just.
Secondary Sources
1. Decisions of international courts
2. Decisions of national courts
3. Writings of publicists
DOCTRINE OF STARE DECISIS: not applicable in international law, and so the decision of a
court in one case will only have persuasive value in the decision of a subsequent case.
The decision of the Court has no binding force except between the parties and in respect
to that particular case.
CHAPTER 3: THE INTERNATIONAL COMMUNITY
INTERNATIONAL COMMUNITY: body of juridical entities which are governed by the law of
nations.
Subject and Object Distinguished
SUBJECT: an entity that has rights and responsibilities under that law.
OBJECT: person or thing in respect of which rights are held and obligations assumed by the
subject.
State
NATION: It is an ethnic or racial concept. It indicates a relation of birth or origin and implies
a common race, usually characterized by community of language and customs.
STATE: a group of people living together in a definite territory under an independent
government organized for political ends and capable of entering into international
relations. It is a legal concept. It has four elements:
1. People human beings living within its territory.
2. Territory fixed portion of the surface of the earth in which the people of the state
resided.
3. Government agency through which the will of the state is formulated, expressed,
and realized.
4. Sovereignty power of the sate to direct its own external affairs without
interference or dictation from other states.
INDEPENDENCE: external aspect or manifestation of sovereignty.
TWO ADDITIONAL ELEMENTS: recognition by other states and possession of a sufficient
degree of civilization
Classification of States
1. Independent states those which are not subject to dictation from others with
respect to their external affairs

a. Simple states one which is placed under a single and centralized

government exercising power over both its internal and external affairs.
(Philippines, Netherlands)
b. Composite states consist of two or more states, each with its own separate
government but bound under a central authority exercising, to a greater or
less degree, control over their external relations.
i. Real union (with full international personality) created when two or
more states are merged under a unified authority so that they form a
single international person through which they act as one entity. The
states forming this union retain their separate identities as such, but
their respective international personalities are extinguished and
blended in the new international person, which, however, is not
regarded as a state in itself. (Norway and Sweden from 1815-1905,
Hungary and Austria from 1867-1918, and more recently between
Egypt and Syria)
ii. Federal union (with full international personality) combination of two
or more sovereign states which upon merger cease to be states,
resulting in the creation of a new state with full international
personality to represent them in their external relations as well as a
certain degree of power over their domestic affairs and their
inhabitants. (USA)
iii. Confederation (imperfect international person) organization of states
which retain their internal sovereignty and, to some degree, their
external sovereignty, while delegating to the collective body power to
represent them as a whole for certain limited and specified purposes.
(German states in 1886)
iv. Personal union when two or more independent states are brought
together under the rule of the same monarch, who nevertheless does
not become one international person for the purpose of representing
any or all of them. (Belgium and the former Congo Free State from
1885-1905)
v. Incorporate union union of two or more states under a central
authority empowered to direct both their external and internal affairs
and possessed of a separate international personality. It differs from a
real union in that only external affairs are placed under the control of
the latter. (UK and Northern Ireland)
2. Dependent states subject to the control of other states in the direction of their
external affairs.
a. Protectorate
b. Suzerainty
NEUTRALIZED STATES: an independent state may be neutralized through agreement with
other states by virtue of which the latter will guarantee its integrity and independence
provided it refrains from taking any act that will involve it in war or other hostile activity
except for defensive purposes.
The United Nations
The UN is regarded as an INTERNATIONAL PERSON even though it is not a state but a mere
organization of states. Like states, although not to the same extent:

a) it enjoys certain privileges and immunities, such as non-suability, inviolability of its

premises and archives, and exemption from taxation.
b) It has the right of legation, i.e., it can send and receive diplomatic agents.
c) According to the ICJ, it can assert a diplomatic claim on behalf of its officials, and
treaties may also be concluded through the GA, SC, and the ESC.
d) Trust territories are supposed to be under the residual sovereignty of the UN.
e) It can even wage war, in a sense, through the exercise of its power to undertake
enforcement action in case of threat to or breach of international peace.
The Vatican City
The Vatican City is regarded as an INTERNATIONAL PERSON because:
a) It exercises certain prerogatives of states, such as the treaty-making power and the
right of diplomatic intercourse.
b) Kelsen observes: In this treaty, Italy recognizes the full ownership, exclusive
dominion, and sovereign authority and jurisdiction of the Holy see over the Vatican,
i.e., a certain territory within Rome. That means that Italy gave up a part of its
territory for the purpose of a new state being established on it. This territory does
not exceed 100 acres; nevertheless, it is the territory of a state. Its population does
not reach 700 and is composed almost exclusively of individuals residing therein by
virtue of their office. Nevertheless, it is the population of a state. Since the Pope is
the government, all the elements of a state in the sense of international law are
present.
Colonies and Dependencies
COLONY/DEPENDENCY: part and parcel of the parent state, through which all its external
relations are transacted with other states. It has no legal standing in the family of nations.
Nevertheless, it is considered as an INTERNATIONAL PERSON when such entities have
been allowed on occasion to participate in their own right in international undertakings
and granted practically the status of a sovereign state.
Mandates and Trust Territories
SYSTEM OF MANDATES: established after WWI in order to avoid outright annexation of the
underdeveloped territories taken from the defeated powers and to place their
administration under some form of international supervision. Its basic principles have been
retained in the more comprehensive trusteeship system devised in the UN Charter.
TRUST TERRITORIES: Practically all trust territories have since achieve independence,
among them Rwanda and Burundi, and have been admitted to the UN. There are three
kinds:
1. Those held under mandate under the League of Nations
2. Those territories detached from the defeated states after WWII
3. Those voluntarily placed under the system by the states responsible for their
administration
The terms of trusteeship are agreed upon by the administering authority with the SC in the
case of STRATEGIC AREAS, and with the GA, in the case of NON-STRATEGIC AREAS.
These territories enjoy certain rights directly available to them under the UN Charter that
vest them with a degree of INTERNATIONAL PERSONALITY. They are however, NOT
SOVEREIGN. Sovereignty over a Mandate Territory is in abeyance; if and when the
inhabitants of the territory obtain recognition as an independent state, as has already

happened in the case of some of the mandates, sovereignty will revive and vest in the new
state.
Belligerent Communities
When a portion of the population rises up in arms against the legitimate government of
the state, the upheaval is ordinarily regarded as a merely internal affair, at least during its
initial stages. But when the conflict widens and aggravates, it may become necessary to
accord the rebels recognition of belligerency. Thus, FOR PURPOSES OF THE CONFLICT, AND
PENDING DETERMINATION OF WHETHER OR NOT THE BELLIGERENT COMMUNITY SHOULD
BE FULLY RECOGNIZED AS A STATE, IT IS TREATED AS AN INTERNATIONAL PERSON and
becomes directly subject to the laws of war and neutrality.
International Administrative Bodies
INTERNATIONAL ADMINISTRATIVE BODIES: may be vested with international personality
when two conditions occur:
a) Their purposes are mainly non-political
b) They are autonomous, i.e. not subject to the control of any state
Individuals
TRADITIONAL CONCEPT: regards individuals only as an object of international law who can
act only through the instrumentality of his own state in matters involving other states.
MODERN CONCEPT: Individual is a subject of international law because it is the basic unit
of society, national and international, and must therefore be ultimately governed by the
law of this society. Moreover, many precepts of the law of nations are directly applicable to
or for the benefit of the individual.
CHAPTER 4: THE UNITED NATIONS
UNITED NATIONS: hopefully envisioned as the answer to the universal yearning for peace
and friendship among all peoples regardless of color or creed.
The UN Charter
UN CHARTER: is a lengthy document consisting of 111 articles besides the Preamble and
the concluding provisions. It also includes the Statute of the ICJ, which is annexed to and
made an integral part of it.
In one sense, it may be considered a TREATY because it derives its binding force from the
agreement of the parties to it. In another sense, it may be regarded as a CONSTITUTION in
so far as it provides for the organization and operations of the different organs of the UN
and for the adoption of any change in its provisions through a formal process of
amendment.
The charter is intended to apply not only to the members of the UN but also to nonmember states so far as may be necessary for the maintenance of international peace
and security.
ARTICLE 103: In the event of a conflict between the obligations of the Members of the UN
under the present Charter and their obligations under any other international agreement,
their obligations under the present Charter shall prevail.

AMENDMENTS TO THE CHARTER: shall come into force for all members of the UN when
they have been adopted by a vote of 2/3 of the members of the GA and ratified in
accordance with their respective constitutional processes by 2/3 of the members of the
UN, including all the permanent members of the SC.
A GENERAL CONFERENCE may also be called by majority vote of the GA and any nine
members of the SC for the purpose of reviewing the Charter. Amendments may be
proposed by 2/3 vote of the conference and shall take effect when ratified by 2/3 of the
Members of the UN, including the permanent members of the SC.
PREAMBLE: introduces the Charter and sets the common intentions that moved the
original members to unite their will and efforts to achieve their common purposes.
Purposes
PURPOSES (Article 1): constitute the raison detre of the UN and are the aggregation of
the common ends, the cause and object of the Charter to which the member states
collectively and severally subscribe.
1. To maintain international peace and security, and to that end: to take effective
collective measures for the prevention and removal of threats to the peace, and
for the suppression of acts of aggression or other breaches of the peace, and to
bring about by peaceful means, and in conformity with the principles of justice
and international law, adjustment or settlement of international disputes or
situations which might lead to a breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of
equal rights and self-determination of peoples, and to take other appropriate
measures to strengthen universal peace;
3. To achieve international co-operation in solving international problems of an
economic, social, cultural, or humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language, or religion; and
4. To be a center for harmonizing the actions of nations in the attainment of these
common ends.
Cardinal Principles
PRINCIPLES (Article 2): deal with the methods and the regulating norms according to
which the UN and its members shall discharge their obligations and endeavor to achieve
their common ends.
1. The Organization is based on the principle of the sovereign equality of all its
Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting
from membership, shall fulfill in good faith the obligations assumed by them in
accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a
manner that international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of any state, or in
any other manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes
in accordance with the present Charter, and shall refrain from giving assistance to

any state against which the United Nations is taking preventive or enforcement
action.
6. The Organization shall ensure that states which are not Members of the United
Nations act in accordance with these Principles so far as may be necessary for the
maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to
intervene in matters which are essentially within the domestic jurisdiction of any
state or shall require the Members to submit such matters to settlement under
the present Charter; but this principle shall not prejudice the application of
enforcement measures under Chapter Vll.
Membership
There are two kinds of MEMBERS based only on the manner of their admission:
1. Original those state which, having participated in the UN Conference on
International Organization at San Francisco or having previously signed the
Declaration by the UN of January 1, 1942, signed and ratified the Charter of the
UN. There are 51 original members.
2. Elective members that are admitted by decision of the GA upon favorable
recommendation of the SC. To be eligible for admission, the applicant must
possess the following qualifications:
a. It must be a state.
b. It must be peace-loving.
c. It must accept the obligations of the Charter.
d. It must be able to carry out these obligations.
e. It must be willing to carry out these obligations.
Can the GA admit an applicant for membership without the favorable recommendation
of the SC? NO. The admission of any such State to membership in the UN will be
effected by a decision of the GA upon the recommendation of the SC.
RECOMMENDATION SHOULD COME BEFORE THE DECISION.
Suspension of Members
SUSPENSION: effected by 2/3 of those present and voting in the GA upon favorable
recommendation of at least 9 members of the SC, including all its permanent members.
It may be lifted alone by the SC, also by a qualified majority vote.
a) Will prevent it from participating in the meetings of the GA
b) From being elected to or continuing to serve in the SC, the ESC or the TC
c) Nationals of the suspended member may, however, continue serving in the
Secratariat and the ICJ as they are regarded as international officials or civil
servants acting for the Organization itself
d) Since its suspension affects only its rights and privileges, the member is still
subject to the discharge of its obligations under the Charter
Expulsion of Members
EXPULSION: 2/3 votes of those present and voting in the GA upon the recommendation
of the SC by a qualified majority vote
Withdrawal of Members
No provision on withdrawal from membership was included in the Charter. Nevertheless,
the San Francisco Conference approved a special committee report which, while not

categorically permitting or prohibiting withdrawal, expressed the view that a member

MIGHT WITHDRAW from the UN if:
a) The Organization has revealed to be unable to maintain peace or could do so only
at the expense of law and justice.
b) The members rights and obligations as such were changed by a Charter
amendment in which it had not concurred or which it finds itself unable to accept.
c) An amendment duly accepted by the necessary majority either in the GA or in a
general conference is not ratified.
Organs of the United Nations
SIX PRINCIPAL ORGANS: GA, SC, ESC, TC, ICJ and the Secretariat
SUBSIDIARY ORGANS: Military Staff Committee, International Law Commission,
Commission on Human Rights
SPECIALIZED AGENCIES: WHO, IMF, TAB
The General Assembly
GA: The most representative of the organs of the UN.
COMPOSITION: It consists of all the members of the Organization, each of which is
entitled to send not more than 5 representatives and 5 alternates as well as such
technical staff as it may need.
MEETING: It meets in REGULAR ANNUAL SESSION beginning on the third Tuesday of
September or in SPECIAL SESSION at the call of a majority of its members or at the
request of the SC.
VOTING: Each member of the GA has ONE VOTE. Decisions on important questions are
taken by 2/3 of those present and voting. All other matters, including whether a question
is important or not, are decided by a majority of those present and voting.
FUNCTIONS OF THE GA:
1.
2.
3.
4.
5.

Deliberative
Supervisory
Financial
Elective
Constituent

The Security Council

SC: The key organ of the UN in the maintenance of international peace and security.
COMPOSITION: It consists of 5 permanent members and 10 elective members.
PERMANENT MEMBERS/THE BIG FIVE: China, France, UK, US, Russia. They were given a
preferred position in view of their prestige and power that might be needed to preserve
the peace of the world.
NON-PERMANENT MEMBERS: elected for 2-year terms by the GA , five from African and
Asian states, two from Latin American states, two from Western European and other
states, and one from Eastern European states. The non-permanent members are not
eligible for immediate re-election. Provision was also made for the staggering of their
terms so that 1/2 of them now retire and are replaced every year.

CHAIRMANSHIP: rotated every calendar month on the basis of the English alphabetical
order of the names of the members.
THE YALTA FORMULA (VOTING): According to this formula, each member shall have ONE
VOTE, but distinction is made between the Big Five and the non-permanent members in
the resolution of substantive questions.
a) PROCEDURAL MATTERS are to be decided by the affirmative vote of any 9 or more
members
b) NON-PROCEDURAL MATTERS requires the concurrence of also at least 9 members,
but including all the permanent members.
c) No member, permanent or not, is allowed to vote on questions concerning the
pacific settlement of a dispute to which it is a party.
PROCEDURAL MATTERS: include questions relating to the organization and meetings of
the SC, the establishment of subsidiary organs and the participation of states parties to
a dispute in the discussions of the organ.
NON-PROCEDURAL MATTERS: those that may require the SC to invoke measures of
enforcement. Unlike in the GA, the characterization of a question is considered a nonprocedural matter in the SC.
VETO: enables a permanent member to prevent agreement on a non-procedural
question even if it is supported by all the other members.
DOUBLE VETO: by means of which a permanent member can disapprove any proposal to
consider a question merely procedural and thereafter vote against the question itself on
the merits.
The ABSTENTION OR ABSENCE OF ANY PERMANENT MEMBER in connection with a voting
on a non-procedural question is NOT A VETO.
PURPOSE OF THE YALTA FORMULA: to ensure the unity of all the permanent members
The Economic and Social Council
ESC: Responsibility for the promotion of international economic and social cooperation is
vested in the GA and ESC. These organs should exert efforts toward:
1. Higher standards of living, full employment, and conditions of economic and
social progress and development;
2. Solutions of international economic, social, and health and related problems, and
international, cultural, and educational cooperation; and
3. Universal respect for, and observance of human rights and fundamental freedoms
for all without disctinction as to race, sex, language, or religion.
COMPOSITION: originally consisted of only 18 members but the body was enlarged to 27
by the amendments of the Charter adopted in 1965. It was further expanded to 54 by
amendments adopted in 1971. All the members are elected by the GA for 3-year terms
and may be re-elected immediately. The terms have been so staggered as to provide for
the replacement or re-election of 1/3 of the body every year.
MEETING: The ESC shall meet in REGULAR SESSION as required in accordance with its
rules and in SPECIAL SESSION at the request of a majority of its members.
VOTING: Each member has ONE VOTE and decisions are reached by a majority of those
present and voting. Members of the UN and representatives of the specialized agencies
may be allowed to participate, without vote, in the deliberations of the Council.

The Trusteeship Council

TC: organ charged with the duty of assisting the SC and the GA in the administration of
the international trusteeship system. It is composed of:
a) Members of the UN administering trust territories;
b) Permanent members of the SC not administering trust territories; and
c) as many other members elected for 3-year terms by the GA as may be necessary
to ensure that the total number of members of the TC is equally divided between
those Members of the UN which administer trust territories and those which do
not.
MEETING: shall meet in REGULAR SESSION as required in accordance with its rules and
in SPECIAL SESSION at the request of a majority of its members.
VOTING: Each member has one vote and decisions are reached by a majority of those
present and voting.
The International Court of Justice
ICJ: judicial organ of the UN which functions in accordance with the Statute. All members
of the UN are ipso facto parties to the Statute. A non-member may become a party on
conditions to be determined in each case by the GA upon the recommendation of the
SC.
COMPOSITION: 15 members who are elected by the absolute majority vote in the GA and
the SC. No two of them may be nationals of the same state, and in the event that more
than one national of the same state obtain the required majorities, only the eldest shall
be considered elected.
TERM: The members of the Court have a TERM OF 9 YEARS and may be re-elected. The
terms of the original members were staggered in such a way as to provide for the
election of 1/3 of the membership at 3-year intervals. No judge can be removed unless,
in the UNANIMOUS OPINION of the other members, he has ceased to fulfill the required
conditions. The Court shall elect its President and VP, who shall serve 3 years and may
be re-elected.
MEETING: It shall remain PERMANENTLY IN SESSION at the Hague or elsewhere, except
during judicial vacations, and may meet either en banc, or in chambers composed of 3
or more judges, to deal with particular categories of cases.
VOTING: All questions are decided by a majority of the judges present, the quorum being
9 when the full court is sitting.
QUALIFICATIONS:
1. Must be of high moral character
2. Must possess the qualifications required in their respective countries for
appointment to their highest judicial offices or are jurisconsults of recognized
competence in international law
FUNCTIONS: to decide contentious cases and to render advisory opinions. Only states
may be parties in contentious cases. Advisory opinions may be given by the Court upon
request of the GA or SC as well as other organs of the UN, when authorized by the GA,
on legal questions arising within the scope of their activities.
JURISDICTION: based on the consent of the parties as manifested under the optional
jurisdiction clause in Article 36.

The Secretariat
SECRETARIAT: chief administrative organ of the UN which is headed by the SecretaryGeneral.
SEC-GEN: chosen by the GA upon recommendation of the SC. His term is fixed at 5 years
by resolution of the GA and he may be re-elected. The Sec-Gen and the members of his
staff are international officers solely responsible to UN and are prohibited from seeking
or receiving instruction from any government or any other authority external to UN.
FUNCTIONS:
a) He is the highest representative of the UN and is authorized to act in its behalf.
b) When acting in this capacity, he is entitled to full diplomatic immunities and
privileges which only the SC may waive.
c) The immunities and privileges of other key officials of the UN may be waived by
him.
d) Of great significance is his duty to bring to the attention of the SC any matter
which in his opinion may threaten international peace and security.
e) He also acts as secretary in all the meetings of the GA, SC, ESC and TC and
performs such other functions as may be assigned to him by these organs.
f) He prepares the budget of the UN for submission to the GA
g) He provides technical facilities to the different organs of the UN
h) He coordinates its vast administrative machinery
CHAPTER 5: THE CONCEPT OF THE STATE
STATE: basic unit of the international community. It is the principal subject of
international law
Creation of the State
METHODS BY WHICH THE STATUS OF A STATE IS ACQUIRED:
1.
2.
3.
4.
5.
6.

Revolution (US revolution against British rule)

Unification (Italy)
Secession (Bangladesh secession from Pakistan)
Assertion of independence (Philippines)
Agreement (Netherlands created by the Congress of Vienna)
Attainment of civilization (Japan)

The Principle of State Continuity

STATE CONTINUITY: From the moment of its creation, the state continues as a juristic
being notwithstanding changes in its circumstances, provided only that they do not
result in loss of its essential elements.
EXTINCTION OF THE STATE: results from a radical impairment or actual loss of one or
more of the essential elements of the state.
Succession of State
STATE SUCCESSION: takes place when one state assumes the rights and some of the
obligations of another because of certain changes in the condition of the latter.

1. Universal succession when a state is annexed to another state or is totally

dismembered or merges with another state to form a new state. In all of these
cases, the international personality of the former state is completely absorbed by
the successor.
2. Partial succession takes place when a portion of the territory of a state secedes
or is ceded to another or when an independent state becomes a protectorate or a
suzerainty or when a dependent state acquires full sovereignty.
Consequences of State Succession
a) Upon a change of sovereignty as a result of state succession, the allegiance of the
inhabitants of the predecessor state in the territory affected is transferred to the
successor state. Usually, they are also naturalized en masse.
b) The political laws of the former sovereign are automatically abrogated and may
be restored only by a positive act on the part of the new sovereign.
c) Non-political laws are deemed continued unless they are changed by the new
sovereign or are contrary to the institutions of the successor state.
d) Treaties of a political and even commercial nature are also discontinued as well as
treaties of extradition except those dealing with local rights and duties.
e) All the rights of the predecessor state are inherited by the successor state but this
is not so where liabilities are concerned. The successor state can determine which
liabilities to assume and which to reject solely on the basis of its own discretion.
Succession of Governments
a) Happens where one government replaces another either peacefully or through
violent methods
b) As far as the rights of the predecessor government are concerned, they are
inherited in toto by the successor government.
c) Regarding the obligations, distinction is made according to the manner of the
establishment of the new government. Where the new government was organized
by virtue of a constitutional reform duly ratified in a plebiscite, the obligations of
the replaced government are also completely assumed by the former. Where the
new government was established through violence, it may lawfully reject the
purely personal or political obligations of the predecessor government but not
those contracted by it in the ordinary course of official business.
CHAPTER 6: RECOGNITION
RECOGNITION: acknowledgement of the states status already within the fold and their
willingness to enter into relations with it as a subject of international law.
MAJORITY VIEW: Recognition is merely DECLARATORY. As thus understood, recognition is
highly political and discretionary.
MINORITY VIEW: Recognition is CONSTITUTIVE, meaning that it is the last indispensable
element that converts or constitutes the entity being recognized into an international
person. Recognition in this light is regarded as mandatory and legal and may be
demanded as a matter of right.
HOW EXTENDED: Recognition may be extended by individual states or by a number of
them together.

IN THE PHILIPPINES, it is the President who determines the question of recognition and
his decisions on this matter are considered acts of state which are, therefore, not
subject to judicial review.
Objects of Recognition
1. State recognition is generally held to be irrevocable and imports the recognition of
its government.
2. Government may be withdrawn and does not necessary signify the existence of a
state as the government may be that of a mere colony.
3. Belligerency does not produce the same effects as the recognition of states and
governments because the rebels are accorded international personality only in
connection with the hostilities they are waging.
Kinds of Recognition
1. Express may be verbal or in writing
2. Implied when the recognizing state enters into official intercourse with the new
member. In case of a belligerent community, recognition is implied when the
legitimate government blockades a port held by the former or when other state
observe neutrality in the conflict. The act constituting recognition shall give a clear
indication of an intention:
a. To treat with the new state as such, or
b. To accept the new government as having authority to represent the state it
purports to govern and to maintain diplomatic relations with it, or
c. To recognize in the case of insurgents that they are entitled to exercise
belligerent rights.
COMMON MEMBERSHIP IN AN INTERNATIONAL ORGANIZATION: states that have not
previously recognized each other are deemed to recognized each other only within said
body and not elsewhere.
Recognition of States
RECOGNITION OF A NEW STATE: free act by which one or more states acknowledge the
existence on a definite territory of a human society politically organized, independent of
any existing state, and capable of observing the obligations of international law, and by
which they manifest therefore their intention to consider it a member of the international
community.
Recognition of Governments
RECOGNITION OF THE NEW GOVERNMENT OF A STATE WHICH HAS ALREADY BEEN
RECOGNIZED: is the free act by which one or more several states acknowledge that a
person or a group of persons is capable of binding the state which they claim to represent
and witness their intention to enter into relations with them.
THREE KINDS OF DE FACTO GOVERNMENT:
1. That which is established by the inhabitants who rise in revolt against and depose
the legitimate regime
2. That which is established in the course of war by the invading forces of one
belligerent in the territory of the other belligerent, the government of which is also
displaced
3. That which is established by the inhabitants of a state who secede therefrom
without overthrowing its government

TOBAR OR WILSON PRINCIPLE: recognition shall not be extended to any government

established by revolution, civil war, coup detat or other forms of internal violence until the
freely elected representatives of the people have organized a constitutional government.
STIMSON PRINCIPLE: It was incumbent upon the members of the League of Nations not to
recognize any situation, treaty or agreement which may be brought by means contrary to
the Covenant of the League of Nations or to the Pact of Paris
ESTRADA DOCTRINE: The Mexican government declared that it would, as it saw fit,
continue or terminate its relations with any country in which a political upheaval had taken
place and in so doing it does not pronounce judgment, either precipitately or a posteriori,
regarding the right of foreign nations to accept, maintain, or replace their governments or
authorities.
CRITERIA FOR RECOGNITION
1. Objective test that government must be able to maintain order within the state
and to repel external aggression
2. Subjective test may be employed for the purpose of justifying the withholding of
recognition from a government that is politically unacceptable
A government satisfying the aforementioned requirements is usually recognized as DE
JURE. If it has not yet sufficiently demonstrated compliance with these conditions, it may
be for the time being be recognized as DE FACTO until it is able to show that it is deserving
of de jure recognition.
Where there is no indication of the kind of recognition being extended, the presumption is
that it is DE JURE.
DISTINCTIONS BETWEEN THE TWO KINDS OF RECOGNITION:
1. Recognition de jure is relatively permanent; recognition de facto is provisional.
2. Recognition de jure vests title in the government to its properties abroad;
recognition de facto does not.
3. Recognition de jure brings about full diplomatic relations; recognition de facto is
limited to certain juridical relations.
Effects of Recognition of States and Governments
1. Full diplomatic relations are established except where the government recognized is
de facto.
2. The recognized state or government acquires the right to sue in the courts of the
recognizing state. However, mere breach of diplomatic relations does not have the
effect of withdrawing the right to sue.
3. The recognized state or government has a right to the possession of the properties
of its predecessor in the territory of the recognizing state.
4. All acts of the recognized state or government are validated retroactively,
preventing the recognizing state from passing upon their legality in its own courts.
NON-SUABILITY OF THE FOREIGN STATE OR GOVERNMENT is not an effect of recognition,
as this is an attribute it can claim whether or not it has been recognized by the local state.
The applicable rule is the DOCTRINE OF STATE IMMUNITY.
OETJEN v. CENTRAL LEATHER CO.: When a government which originates in revolution is
recognized by the political department of our government as the de jure government of
the country in which it is established, such recognition is retroactive in effect and validates

all the actions and conduct of the government so recognized from the commencement of
its existence.
Recognition of Belligerency
BELLIGERENCY: exists when the inhabitants of a state rise up in arms for the purpose of
overthrowing the legitimate government.
DISTINCTIONS FROM INSURGENCY:
a) Insurgency is the initial stage of a belligerency, which is more serious and
widespread.
b) Insurgency is directed by military authorities, whereas belligerency is under a civil
government.
c) Insurgency is usually not recognized whereas there are settled rules regarding the
recognition of belligerency.
CONDITIONS FOR RECOGNITION OF A BELLIGERENCY
1. There must be an organized civil government directing the rebel forces.
2. The rebels must occupy a substantial portion of the territory of the state.
3. The conflict between the legitimate government and the rebels must be serious,
making the outcome uncertain.
4. The rebels must be willing and able to observe the laws of war.
Consequences of Recognition and Belligerency
a) Upon recognition by the parent state, the belligerent community is considered a
separate state for purposes of the conflict it is waging against the legitimate
government. Their relations with each other shall be governed by the laws of war
and their relations with other states shall be subject to laws of neutrality.
b) Where recognition is extended by third states, the above consequences are
effective only as to them and do not bind other states not extending recognition. It
is only where the recognition is made by the parent state that the effects thereof
become general and are legally applicable to all other states.
CHAPTER 7: THE RIGHT OF EXISTENCE AND SELF-DEFENSE
FUNDAMENTAL RIGHTS OF A STATE:
1.
2.
3.
4.
5.

Right
Right
Right
Right
Right

of
of
of
of
of

existence and self-defense

sovereignty and independence
equality
property and jurisdiction
legation or diplomatic intercourse

RIGHT OF EXISTENCE AND SELF-DEFENSE: most important fundamental right. By virtue of

this right, the state may take such measures, including the use of force, as may be
necessary to resist any danger to its existence.
Requisites of Right
ARTICLE 51: Nothing in the present Charter shall impair the inherent right of individual or
collective self-defense if any armed attack occurs against a member of the UN, until the
SC has taken the measures necessary for the maintenance of international peace and
security.

MODERN VIEW: The right may be resorted to only upon a CLEAR SHOWING OF A GRAVE
AND ACTUAL DANGER TO THE SECURITY OF THE STATE, and, furthermore, the selfdefensive measures must be LIMITED BY THE NECESSITY and kept clearly within it.
TRADITIONAL VIEW: The best defense is offense. The country threatened by the state of
facts is justified in protecting itself by immediate war.
Regional Arrangements
COLLECTIVE SELF-DEFENSE: recognized not only in Article 51 but also impliedly in Article
VII on Regional Arrangements. In Article 52, Sec.1, it is provided that: Nothing in this
present Charter precludes the existence of regional arrangements or agencies for dealing
with such matters relating to the maintenance of international peace and security as are
appropriate for regional action, provided that such arrangements or agencies and their
activities are consistent with the Purposes and Principles of the UN.
The Balance of Power
BALANCE OF POWER: one reason for the organization of regional arrangements. It is
described as an arrangement of affairs so that no state shall be in a position to have
absolute mastery and dominion over others.
Aggression Defined
AGGRESSION: use of armed force by a State against the sovereignty, territorial integrity,
or political independence of another State, or in any other manner inconsistent with the
Charter of the UN.
WAR OF AGGRESSION: a crime against international peace.
CHAPTER 8: THE RIGHT OF INDEPENDENCE
SOVEREIGNTY: the supreme, uncontrollable power inherent in a state by which that state is
governed.
TWO ASPECTS OF SOVEREIGNTY:
1. Internal refers to the power of the state to direct its domestic affairs
2. External signifies the freedom of the state to control its own foreign affairs. It is
more referred to as independence.
Ideal of Independence
ARTICLE 73: The members of the Organization administering territories whose peoples
have not yet attained a full measure of self-government pledge to develop selfgovernment, to take due account of the political aspirations of these people, and to assist
them in the progressive development of their free political institutions according to the
particular circumstances of each territory and its peoples and their varying stages of
advancement.
NATURE OF INDEPENCE: not absolute. It only means freedom from control by any other
state and not freedom from restrictions that are binding on all states forming the family of
nations.
Intervention

INTERVENTION: an act by which a state interferes with the domestic or foreign affairs of
another state or states through the employment of force or threat of force. THE RIGHT OF
INDEPENDENCE CARRIES WITH IT THE CORRELATIVE DUTY OF NON-INTERVENTION. Even
as it expects its independence to be respected by other states, so too must it be prepared
to respect their own independence.
GENERAL RULE: Intervention is not sanctioned in international RELATIONS.
EXCEPTIONS: when it is exercised as an act of self-defense; or when it is decreed by the SC
as a preventive or enforcement action for the maintenance of international peace and
security; or when agreed upon in a treaty; or when requested from sister states or from
the UN by the parties to a dispute or by a state beset by rebellion
The Drago Doctrine
DRAGO DOCTRINE: this doctrine was embodied in the Hague Convention of 1907 through
the provision that the Contracting Powers agree not to have recourse to armed force for
the recovery of contract debts claimed from the government of one country by the
government of another country as being due to its nationals.
PORTER RESOLUTION: dissipated the Drago Doctrine, under which intervention was
permitted if the debtor state refused an offer to arbitrate the creditors claim, or having
agreed to arbitrate thereto, refused to abide by the award of the arbitrator. It is doubtful if
this qualification can be sustained now in light of the outlawry of force by the Charter of
the UN.