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Public International Law

INTRODUCTION TO INTERNATIONAL RELATIONS


THEORY
PUBLIC INTERNATIONAL LAW

FIVE FUNDAMENTAL RIGHTS OF STATES


1. Right of existence, integrity, self-
preservation
• Consequence = Duties

– Par in parem non habet imperium (no State can claim jurisdiction
over another). Respect the right of other States’ territorial existence
and integrity.

– Pacta sunt servanda (Agrreements must be honored). States must


carry out its obligations arising from treaties and other sources of
international law.
2. Right of sovereignty and independence

• Consequence = Duties
– States must refrain from intervention in the internal or exernal affairs of
states.
– Refrain from fomenting civil strife within the territories of another State.
– Ensure that prevailing conditions within its territory do not menace in
international peace and order.
– Refrain from resorting to war as an instrument of national policy.
– Refrain from assiting States which resort to war.
– Refrain from recognizing territory acquired through war.
3. Right of equality

• Consequence = Duties

– All States must treat all persons under its jurisdiction with respect to
their human rights and fundamental freedoms, without distinction as
to race, sex, language, or religion.
4. Right of property and jurisdiction

• Consequence = Duties

– All States must respect the property rights and jurisdictional


processes of other states insofar as they do not infringe upon
another’s rights.
5. Right of legation or diplomatic intercourse

• Consequence = Duties

– States mus settle disputes with other States by peaceful means in


such manner that international peace and security, and justice, are
not enfangered.
– States must conduct its relations with other States in accordance with
international law and with the principle that the sovereignty of each
State is subject to the supremacy of international law.
Process of acquiring territories
• Discovery and occupation (only terra nullus “stateless territory”)
– Mere discovery is not enough, it requires effective occupation through
administration.
• Prescription – requires coninous, public, and adverse possession,
and lapse of reasonable period of time.
• Cession
• Conquest and Subjugation = illegal
• Accretion – the process of attaching or incorporating to what an
owner of a territory already has.
Modes of Losing Territories

• Dereliction or abandonment = requires physical and intentional


(animus non revertendi “intent never to return”)
• Prescription (extinctive prescription as opposed to extinctive
prescription)
• Cession
• Forces of nature (e.g. avulsion – sudden breaking off of part of
a territory)
• Successful revolutions and secessions
Grounds for intervention
Payment of contractual obligations
• Drago Doctrine (Dr. Luis Drago, Argentine Minister of Fereign
Relations)

– Collection of public and private debts cannot give rise to


intervention.

– Never had the force of international law.

– Adopted in a qualified way in the 1907 Hague Convention


Protection of the Rights of Aliens

• Calvo Doctrine (Carlos Calvo)


• It affirmed that rules governing then jurisdiction of a country
over aliens and the collection of indemnity should apply
equally, regardless of size. No armed forces when collecting
debt.
Agents of diplomatic intercourse

• Chiefs of States (In the Philippines President, followed


by Secretary of Foreign Affairs)
• Subordinate Officials
– Ceremonial Officers
– Political Officers
• Delegates to international bodies
• Chiefs of Missions
Chiefs of Diplomatic Missions

• Ambassadors

• Ministers Plenipotentiary or Envoys Extraordinary

• Ministers Resident

• Charge d’affaires
Chief functions of diplomatic officials

• Represent the State in negotiations with the State to which


they are credited.
• Observe and report on ocurences, conditions, and
developments in the receiving State which may vitally affect
their home-States.
• Protect the nationals of their State within the limits permitted
by international law.
• Promote friendly relations between the sending State and the
receiving State
Asylum
• The authority of a State to allow an alien whohas sought
refuge from prosecution or persecution to remain within the
territory and under its protection.
• Not a general principle, and relies on existing treaty, territorial
supremacy, or existence ofthreat to fundamental rights.
• 2 kinds:
– Terrotorial - within the territorial bounds of the state
offering asylum
– Exterritorial - asylum offered in embassies, warships, in a
foreign territory
Classification of treaties

• Based o viewpoint of parties: • Viewpoint of presence or absence of


– Bipartite conditions:
– Tripartite – Conditional
– Multipartite – Unconditional

• Viewpoint on who shoulders: • Accession: the process whereby a non-


– Unilateral signatory State later becomes a party to a
– Bilateral
treaty.
– Trilateral
Fundamental principles
concerning treaties
• Rebus sic stantibus.
• Pacta sunt servanda.
• A vital change of circumstances
• Treaties must be observed in allows a Stare to unilaterally
good faith. withdraw from treaty.
Tender and exercise of good offices

• A third party offers to help in the settlement of disputes.

• Third party may be alone or with others.

• When the offer is accepted, there is supposed to be an


“exercise of good offices.”
Mediation
• A third party offers to help with a solution, usually
based on compromise.

– Good offices merely brings the parties together.

– Mediation offers solutions.


Conciliation and Arbitration
Conciliation The dispute is referred to a commission or
international body, whose decision,
however, is not binding on the parties.

• The dispute is referred to a commission or


Arbitration international body, whose decision is final
and conclusive on the parties.
Enquiry

• The process of ascertaining the pertinent facts and issues in a


dispute.

Forcible Sanctions
Severance or rupture of diplomatic relations

• The diplomatic agents of the country against


which grievances lies are handed their passports,
or are ordered to leave.
– Philippines and Cuba
– U.S. and Cuba
Retortions and Reprisals
Retortions Unfriendly but lawful acts done in retaliation for
unfair treatment and acts of discrimination.

• Unfriendly and unlawful acts in retaliation for


reciprocal illegal actuations.
• Embargo
Reprisals • Pacific blockade
• Non-intercourse
• Boycott
Compulsive or enforcement measures under the U.N.
• Art 41 of the Charter – Security Council may call upon
members to apply such sanctions to enforce its decisions:
complete or partial interruption of relations:
– Economic, rail, sea, air, postal, telegraphic, radio, and other
means of communication, and the severance of diplomatic
relations
• Art 42 – If previous action proves inadequate, Security Council
may use air, sea, or land forces as may be necessary to
maintain or restore international peace and security.
• Art 43 –Enjoins States on the contribution to Security Forces.
Economic Sanctions
• New Investments
• Landing Rights

• Total Trade Embargo


• Consulates

• Disinvestment
• Private Loans
Classifications of war
• Based on who arecontending forces:
– International
– Imperial - applies to Kingdoms
– Civil - applies to inside the state
• Based on object:
– Absolute - all out: kill all
– Limited - until goal is met
• Based on initiative:
– War of Aggression
– War of Self-defense
• on number of combating
• on area of operations:
parties:
– Land
– Individual
– Maritime
– Regional
– Aerial
– World
• on nature of combatants:
– Guerilla - hit and run
– Regular - just usual
– Total - all out
Sanctions of war rules
• 1. Protests lodged by commanders ofbelligerent forces with
the enenmy or with States that have remained neutral.

• 2. If the protest are unheeded, war reprisals are often resorted


to.

• 3. Compensation and reparation for damages.

• 4. Punishment for war crimes againsts one’s own


Participants in war
• Non-privileged combatants:
– Spies
– Do not get the privilege of being considered as “prisoners of
war.”
• Privileged combatants:
– Not supposed to be executed or convicted but are entitled
to become “prisoners of war.”
– Regular armed forces
– Guerillas (under certain prerequisites)