Professional Documents
Culture Documents
1. Cession
2. Occupation
3. Prescription
4. Conquest/subjugation
5. Operation of nature/accretion
6. Adjudication
----------------------------------------------------------------------------------------------------------------------------------------1. Cession transfer of territory usually by a treaty, from one state to another
Note: if there were defects in the ceding states title, the title of the state to which
the territory is ceded will be viated by the same defects applying nemo dat quod
non habet [no one gives what he does not have] (See: Islands of Palmas Case)
----------------------------------------------------------------------------------------------------------------------------------------2. Occupation the acquisition of a terra nullius, that is, territory which immediately
before the acquisition, belonged to no state
Note: a territory is terra nullius either because it really did not belong to any
state or may have been abandoned by previous sovereign. There is abandonment
if there is failure to exercise authority with intent to abandon.
----------------------------------------------------------------------------------------------------------------------------------------Discovery of territory is not sufficient to acquire a terra nullius territory as it merely
gives inchoate title that is, an option to occupy the territory within a reasonable
time, during which time other states were not allowed to occupy the territory. Thus,
occupation requires effective control and intention and will to act as
sovereign.
----------------------------------------------------------------------------------------------------------------------------------------3. Prescription as distinguished from occupation, this presupposes acquisition of
territory belonging to another state. It also requires effective control and
intention and will to act as sovereign. However, since acquiescence (eg lack of
protest) by the losing state is required for there to have effective control, a longer
period of time is required in prescription than in occupation (cf immemorial
prescription doctrine)
----------------------------------------------------------------------------------------------------------------------------------------4. Conquest accepted in 19th century since the prohibition against the use of force
had not yet ripened into CIL. It is now illegal to acquire territory by force. See
Stimson Doctrine. It was only in 1970 when the UN GA issued a resolution
declaring the acquisition of territory by force as illegal. However, this rule applies
only to international, not civil, wars.
2.
3.
4.
5.
6.
7.
8.
Hot Pursuit
Right of approach
Treaties
Piracy
Belligerent Rights
Self-defense and
Authorized by the UN
and all crimes involving dangerous drugs. How may the law be assailed as
invalid?
2. When A, a ctizen of State X, wrote in Public that their president is corrupt and
a drug lord, the president created a fact finding commission which
recommended that A be punished for what he wrote against the President. A
was then sent to jail.
3. Due to Budget constraints, the president of state Y decided to abolish free
primary education and encouraged instead private institutions to offer
affordable primary education to all. May this act of the government of State Y
be assailed as invalid?
4. What is torture? What is racial discrimination?
----------------------------------------------------------------------------------------------------------------------------------------International Environmental Law
-A modern field of public international law (1970s)
-The Trail Smelter case (1965): no State has the right to use or permit the use of
its territory is such a manner as to cause injury by fumes in or to the territory of
another..
-First major international environmental conference was convened by the UN
General Assembly in Stockholm (Sweden) in 1972 which later resulted to the
adoption of certain environmental Principles.
----------------------------------------------------------------------------------------------------------------------------------------Basic Principles in International environmental Law
-responsibility and prevention (Principle 21, Stockholm Declaration)
-Sustainable development
-Intra and inter-generational responsibility (Principle 3, Rio Declaration)
-Conservation of resources (principle 8, Rio Declaration)
-Integration (Principle 4, Rio Declaration)
-Precautionary Principle (Principle 15, Rio declaration)
-Polluter-Pays Principle (Principle 16, Rio Declaration)
----------------------------------------------------------------------------------------------------------------------------------------Climate Change regime
United nations Framework Convention on Climate Change (UNFCCC)
Kyoto Protocol
----------------------------------------------------------------------------------------------------------------------------------------International Wars, Civil wars and Right to self-determination: Jus ad Bellum
-Jus Ad Bellum
Rules Governing the resort to Armed Conflict (Lawful War).
Jus In Bello:
Rules Governing the Actual Conduct of Armed Conflict (Lawful Acts in Times
of War). [International Humanitarian Law]
----------------------------------------------------------------------------------------------------------------------------------------Jus ad Bellum
-Article 2(4) of the UN Charter prohibits use of force and threat to use force; CIL
-Any use of force or threat to use force may only be lawful if done with the collective
decision of the UN in cases of threats to peace, breached of peace, or acts of
aggression (including against international terrorism, threats posed by weapons of
mass destruction, and on humanitarian grounds)
-States can only justify use of force in case of self-defense as recognized in Art. 51
of the UN charter (Individual or collective self-defense) until the Security Council has
taken measures; the State exercising right of self-defense must report the measures
taken to the security council; Self-defense must comply with the requirements of 1)
presence of armed-attack 2)observance of principles of proportionality and military
necessity
----------------------------------------------------------------------------------------------------------------------------------------Jus Ad Bellum
-Rules on Self Defense:
-Inherent
Case: Caroline Case
-recognized by Art 51 of the UN Charter
-Preventive/Anticipatory Self-Defense Allowed?
Case: Nicaragua vs US
Self-defense and Claims to Territory?
1970 Gen Assembly Friendly Relations Declaration
Case: Falkland Island Case
----------------------------------------------------------------------------------------------------------------------------------------Means of waging War and Criminal Responsibility: Jus In Bello
1. Meaning of armed conflict to which International Humanitarian Law (IHL)
applies
2. What if there is no armed conflict?
3. Fundamental principles that govern conduct of war:
a. Military Necessity and Collateral Damage
b. Principle of Proportionality, and
c. Principle of Distinction
4. International Criminal Law (ICL)
5. Individual Responsibility
----------------------------------------------------------------------------------------------------------------------------------------Means of Waging War and Criminal Responsibility : Jus In Bello