TANADA V ANGARA WTO AGREEMENT

By the doctrine of incorporation, the country is bound by generally accepted principles of

international law, which are considered automatically part of our own laws. Pacta sunt servanda
international agreements must be performed in good faith. A treaty is not a mere moral obligation
but creates a legally binding obligation on the parties.

must have constituted an essential basis of the consent of the parties to be bound by the treaty. It
is only a
Material breach of the treaty itself is a ground for termination
o
not of other treaty rules or rules of general international law,
o
no unlawful attack

MANILA PRINCE HOTEL V GSIS MANILA HOTEL

MPH should be awarded the sale pursuant to Art 12 of the 1987 Const pursuant to the Filipino
First Policy. Par. 2, Sec. 10, Art. 12 of the 1987 Constitution is self executing. The Constitution is
the fundamental, paramount and supreme law of the nation, it is deemed written in every statute
and contract. The Manila Hotel falls under national patrimony. Patrimony should be understoold
not only with reference to natural resources, but also to the cultural heritage of the Filipinos.
Moreover, the Qualified Filipinos simply means that citizens, juridical entities or personalities,
who make viable contribution to the common good, due credible competence and efficiency,
should always be preferred. With regard to the grant of economic rights, privileges and
concessions involving national economy and patrimony, a qualified Filipino must be chosen over a
qualified foreigner. The State shall regulate and exercise authority over foreign investments within
its national jurisdiction and in accordance with its national goals and priorities.

MEJOFF V PRISONS RUSSIAN JAPANESE SPY

PH adopts the generally accepted principles of interntional law as part of the law of the Nation.
All human beings are born free and equal in degree and rights. Everyone has a right to an
effective remedy by the competent nationals for acts violating the fundamental rights granted by
him by the Constitution or by law. No one shall be subjected to arbitrary arrest, detention or exile.

QUATAR V BAHRAIN EXCHANGE OF LETTERS

International agreements may take a number of forms and be given diversity of names. The
minutes, such as exchange of letters, constitute an international agreement creating rights and
obligations for the parties.

AGUSTIN V EDU EARLY WEARNING DEVICES

PH adopts the generally accepted principles of interntional law as part of the law of the Nation.
The Veinna Convention on Road signs and signals had been ratified by PH government. Pacta
sunt servanda stands in the way of such an attitude, which is at war with the principle of
international morality. Incorporation done by ratification.

AIR FRANCE V SAKS ACCIDENT

In case there is conflict among official texts, the language agreed upon by the parties as
authoritative is followed. Liability under Art 17 arises only if a passenger injury is caused by
unexpected or unusal event or happening external to the passenger, and not where the injury
results from the passengers own internal reaction to the usual, normal, and expected operation of
the aircraft, in which case has not been caused by an accident.
UK V ICELAND FISHERIES JURISDICTION (No fundamental change -> No radical
transformation)
For fundamental change of circumstances to be a ground for invoking the termination of a treaty, it
should have resulted in a radical transformation of the extent of the obligations still to be
performed. The change must have increased the burden of the obligations to be executed to the
extent of rendering the performance something essentially different from that originally undertaken.
NAMIBIA CASE TERMINATION SOUTH AFRICA MANDATE OVER SOUTHWEST AFRICA
Only a material breach (either: 1. a repudiation of the treaty not sanctioned by the present
Convention; or 2. the violation of a provision essential to the accomplishment of the object and
purpose of the treaty) justifies termination. The silence of a treaty as to the existence of such right
cannot be interpreted as implying the exclusion thereof.
HUNGARY V SLOVAKIA DANUBE DAM CASE NO TERMINATION
(state of necessity, impossibility, fundamental, material breach) + ACT NOT UNLAWFUL)
State of necessity not a ground for termination, only to exonerate.
Impossibility of performance cannot be invoked: When it results from that partys own breach of an
obligation flowing from that treaty.
Fundamental change of circumstances cannot be invoked: if it would not radically transform the
extent of the obligations still to be performed. Not unforeseen; the existence of the circumstances

KURODA V JALANDONI WAR CRIME

PH adopts the generally accepted principles of international law as part of the law of the Nation.
This provision is not confined to the recognition of rules and principles of international law as
contained in treaties to which our government may have been or shall be a signatory. PH military
commission had jurisdiction over war crimes committed in violation of the 2 conventions prior to
1947. Court considered jurisdiction over war crimes part of customary law.

JBL REYES V BAGATSING PROTECTION OF FOREIGN EMBASSY

The doctrine of immunity from suit of a foreign state is a principle of international law.
EDYE V ROBERTSON EDYE MONEY CASES
A treaty is a law of the land by which the rights of the private citizen or subject may be determined.
Therere is nothing in this law which makes it irrepealable or unchangeable. The Consti gives it no
superiority over an act of Congress which may be repealed or modified by an act of a later date.
Insofar as a treaty made between states can become the subject of domestic courts, it is subject to
such acts as Congress
WHITENY V ROBERSTON MERCHANTS SUGARS
When the treaty and a law relate to the same subject, the courts will endeavor to construe them to
give effect to both. If the two are inconsistent, the one last in date will control the other. The duty of
the courts is to give effect to the last expression of the sovereign will. Treaties are subject to such
acts as congress may pass for its enforcement, modification and repeal. If the stipulations of a
treaty are not self-executing, they can only be enforced
GREAT BRITAIN V COSTA RICA TINOCO ARBITRATION
Under the principle of continuity of states, the state is bound by engagements entered into by
government that have ceased to exist; the restored govt is generally liable for the acts of the
usurper.
UPRIGHT V MERCURY BUSINESS TRADE ACCEPTANCE + BUSINESS TYPEWRITERS
A foreign govt, although not recognized, may nevertheless have de facto existence which is
juridically cognizable. The acts of such a de facto govt may affect private rights and obligations.
Just because a de facto govt is not recognized, it does not mean that the corporate creatures of
such powers have no juridical capacity.

KAPISANAN NG MGA MANGGAGAWA V IRRI - CREATED BY MOA

IRRI was created not be treaty but by MOA between PH and Rockefeller and Ford foundarionts.
Thus, not an international organization. By virtue of PD 1620, it was granted the status,
prerogatives, privileges and immunities of an international organization. SC has consistently
granted IT same footing as International Catholic Migration Commision as a specialized agency.
DFA V NLRB JURIS OF NLRB OVER ILLEGAL DISMISSAL AGAINST ADB
The Bank shall employ immunity from every form of legal process, except in cases arising out of,
or in connection with, the exercise of its powers to borrow money, to guarantee obligation or to buy
and sell or underwrite the sale of securities.
WHO V AQUINO DIPLOMATIC IMMUNITY AS A POLITICAL QUESTION
It is a recognized principle of international law and under our system of separation of powers that
diplomatic immunity is a political question and the courts shall refuse to look beyond a
determination by the executive branch. The judicial branch follows the action of the political branch
and will not ambarass the latter by assuming antagonistic jurisidiction.
JEFFRY LIANG V PEO ADB OFFICIAL + GRAVE ORAL DEFAMATION
Immunity granted to officers and staff of ADB was not absolute; but limited to acts performed in an
official capacity and could not cover the commission of a crime such as slander, or oral defamation
in the name of official duty.
ISLAND OF PALMAS CONTROL
Discovery of terra nullius is not enough to establish sovereignty. It must be accompanied by
effective control.
EASTERN GREENLAND CASE
A claim of sovereignty based not upon some particular act or title but merely upon continued
display of authority, involves 2 elements each of which must e shown to exist:
1.) The intention and will to act as sovereign; and
2.) Some actual exercise or display of such authority.
FRANCE V TURKEY LOTUS CASE FRENCH VESSEL + TURKISH NATIONALS
There is no rule in international law in regard to collision cases to the effect of criminal proceedings
are exclusively within the jurisdiction of the sate whose flag is down. It is only natural that each
should be able to exercise jurisdiction in respect of the incident as a whole. Therefore, Turkey and
France have concurrent jurisdiction.
US V CANADA TRAIL SMELTER ARBITRATION + DAMAGES
A State owes at all times a duty to protect other States against injurious acts by individuals from
within its jurisdiction.
BLACKMER V US CONTEMPT + DISTRICT OF COLUMBIA
This is not even a question of international law; it is municipal law which establishes the duties of
the citizen in relation to his own government. It cannot be doubted that the US possesses the
power inherent in sovereignty to require the return to his country of its citizen, resident elsewhere,
whenever the public interest requires it, and to penalize him in case of refusal.
LIECHTENSTEIN V GUATEMALA NOTTEBOHM CASE + EFFECTIVE NATIONALITY LINK
International law leaves it to each State to lay down its own rules governing the grant of nationality.
BUT, a State cannot claim that the rules it has thus laid down are entitled to recognition by another

state unless it has acted in conformity with the general aim of making the legal bond of nationality
accord with the individuals genuine connection with the State. Nationality is a legal bond having
as its basis a social fact of attachment, a genuine connection of existence, interests and
sentiments, together with the existence of reciprocal rights and duties.
MEJOFF V DIRECTOR PRISONS RUSSIAN JAPAN SPY
PH adopts the generally accepted principles of international law as part of the law of the land,
including the Universal Declaration of Human Rights, which guarantees the right against arbitrary
arrest, etc.
FILARTIGA V. PEA-IRALA TORTURE MURDER 17 YR OLD PARAGUAYAN
Deliberate torture under the color of official authority violates the universal rules of international
law regardless of the nationality of the parties. The prohibition of torture has become part of
customary law. This is supported by the Universal Declaration of Human Rights and the 1975
Declaration on the Protection of all Persons from Torture.
ISRAEL V EICHMANN ADOLF PERSECUTION OF JEWS
The crimes established in the Nazi Collaborators Law of 1950 must be seen today as acts that
have always been forbidden by customary international law. They are acts which are of a universal
criminal character and entail individual criminal responsibility. The State which prosecutes and
punishes a person for that offense acts solely as the organ and agent of the international
community, and metes out punishment to the offender for his breach of the prohibition imposed by
the law of nations.
US V YUNIZ JORDAN AIRCRAFT US PASSENGERS
Under the Universal Principle: The Universal Principle recognizes that certain offenses are so
heinous and so widely condemned that any state if it captures the offender may prosecute and
punish that person on behalf of the world community regardless of the nationality of the offender or
victim or where the crime was committed. Aircraft piracy and hostage taking are examples.
Under the Passive Personality Principle: The Passive Personality Principle authorizes states to
assert jurisdiction over offenses committed against their citizens abroad. It recognizes that each
state has a legitimate interest in protecting the safety of its citizens when they journey outside
national boundaries.
US V. ALVAREZ-MACHAIN MEDICAL DOCTOR + EXTRADITION TREATY + US MEXICO
The abduction of Alvarez was not a violation of the extradition treaty between the US and Mexico.
There is nothing in the language of the treaty that proscribes or prohibits forcible abductions of
people from the territory of the other nation. While it outlines the processes and restrictions on the
obligation to extradite, it does not specify the only way in which one country may gain custody of a
national of the other country for the purposes of prosecution.
SEC JUSTIC V LANTION MJ CASE + EXTRADITION PROCEEDING
Since extradition proceedings are not criminal in character and the evaluation stage is not akin to a
preliminary investigation, the due process safeguards in the latter do not necessarily apply to the
former. Considering that the extradition proceeding is only at its evaluation stage, the nature of his
right to due process is nebulous and the degree of prejudice that he will allegedly suffer is weak.
The time for the extraditee to know the basis of the request for his extradition is merely moved to
the filing in court of the formal petition for extradition. The extraditees right to know is momentarily
withheld to accommodate the more compelling interest of the State to prevent his escape.