PUBLIC INTERNATIONAL LAW (Hackworth) -branch Subdivisions of PIL

of public law that regulates the relationship of states and A. Traditional 1. Law of War- governs the abnormal
other entities which have been granted international relationship of states (war/conflict) 2. Law of Peace-
personality. governs the normal relationship of states (diplomacy and
economic relations) 3. Law of Neutrality- governs rules on
Private International Law is the body of rules of the states which would not want to participate in war/armed
domestic law of a State that is applicable when a legal issue conflict (neutral states) B. Modern 1. International Human
contains a foreign element, and it has to be decided whether Rights Law 2. International Humanitarian Law (Law of
a domestic rule should apply foreign law or relinquish Armed Conflict; protect those not participating such as
jurisdiction to a foreign court. civilians and aid workers) 3. International Criminal Law 4.
International Environmental Law 5. International Economic
Two Special Types of Obligations under Public or Trade Law 6. International Disaster Relief (States should
International Law: 1. Obligations Erga Omnes are come to the aid of another state in case of calamities setting
“obligations of a State towards the international community aside sovereignty and territorial restrictions) 7.
as a whole,” which are the “concern of all States” and for International Space Exploration (Moon and Space Treaty)
whose protection all States have a “legal interest”
Traditional Philosophical Bases of PIL 1. Naturalist
A jus cogens is a norm accepted and recognized by the Theory -founded under Natural law; men are rational and
international community of States as a whole as a norm social beings; because states are composed of men, they
from which no derogation is permitted and which can be shall behave with rationality and respect equality among
modified only by a subsequent norm of general them 2. Positivist Theory -justification of voluntary
international law having the same character [Art. 53 of the consent; states interact with each other because they choose
Vienna Convention on the Law of Treaties to do so voluntarily 3. Eclectic Theory (applicable)
-combination of the naturalist and positivist theories
Different Theories of the Relationship between
International Law and Domestic Law Rules on Conflict Between PIL and Municipal Law
A. Harmonization -harmonize the 2 laws; to maintain the
Monist View International and municipal legal systems are reputation before the international community (executive in
fundamentally part of one legal order. This view considers nature); “pacta sunt servanda”- treaties should be complied
international law to be superior, with municipal law being a with in good faith (vs. “rebus sic santibus”- allowing for
mere subset of international law. International norms are treaties to become inapplicable because of a fundamental
thus applicable within municipal systems even without change of circumstances)
some positive act of the state. B. Law of the Forum (which law shall prevail) 1. Decided
by Municipal tribunal -Municipal law will prevail 2.
Dualist View International law and municipal law are Decided by International tribunal (ICJ, ICC) -PIL will
separate systems. Only those issues affecting international prevail; local laws cannot be used to defeat PIL.
relations are within the scope of international law.
SOURCES OF INTERNATIONAL LAW
How International Law Becomes part of Philippine Law
1. Doctrine of Incorporation: The Philippines adopts the Article 38 of the ICJ Statute 1. The Court, whose function
“generally accepted principles of international law” is to decide in accordance with international law such
(customary international law) as part of the law of the land disputes as are submitted to it, shall apply: a. international
[Sec. 2, Art. II, 1987 Constitution]. They are deemed as conventions, whether general or particular, establishing
national law whether or not they are enacted as statutory or rules expressly recognized by the contesting states; b.
legislative rules [MAGALLONA]. international custom, as evidence of a general practice
accepted as law; c. the general principles of law recognized
By the doctrine of incorporation, the country is bound by by civilized nations ; d. subject to the provisions of Article
generally accepted principles of international law, which 59, judicial decisions and the teachings of the most highly
are considered to be automatically part of our own laws. qualified publicists of the various nations, as subsidiary
[Tañada v. Angara, G.R. No. 118295. May 2, 1997] means for the determination of rules of law.
2. Doctrine of Transformation: Treaties or international
agreements shall become valid and effective upon Types of Sources of International Law 1. Primary
concurrence by at least two-thirds of all the Members of the Sources a. Conventional International Law b. Customary
Senate [Sec. 21, Art. VII, 1987 Constitution]. These rules International Law c. General Principles of Law 2.
of international law are not part of municipal law unless Subsidiary Sources a. Judicial Decisions b. Teachings of
they are transformed via legislation [MAGALLONA]. the most highly qualified publicists

How are relationships among States regulated by PIL? PRIMARY SOURCES: A treaty is an international
A. Traditional View- billiard ball theory -PIL only agreement concluded between states in written form and
regulates external relationship of states; states may not governed by international law, whether embodied in a
interfere with domestic matters of another state B. Modern single instrument or in two or more related instruments and
View- egg theory -PIL may affect internal affairs of a state whatever its particular designation”
*PIL is applied horizontally; no state may impose PIL to
another state; states are equal. Requisites 1. Written Form; 2. Between States 3. Governed
by international Law.
Pacta Sunt Servanda Every treaty in force is binding upon
the parties to it and must be performed by them in good
faith [Art. 26, VCLT]. Note: This is considered as
customary international law and applies to all obligations are said to be of dual character. Norms of dual character
contained in a treaty. come into being when: a. a treaty provision simply restates
a customary norm; b. a treaty provision constitutes
A reservation is a unilateral statement, however phrased or evidence of custom; or c. a treaty provision crystallizes into
named, made by a State, when signing, ratifying, accepting, a customary norm. For a treaty provision to crystallize into
approving or acceding to a treaty, whereby it purports to custom, the provision must be norm-creating or lawmaking,
exclude or to modify the legal effect of certain provisions creating legal obligations which are not dissolved by their
of the treaty in their application to that State. fulfillment [North Sea Continental Shelf Cases (ICJ,
1969)]. The customary norm retains a separate identity
Customary International Law even if its content is identical with that of a treaty norm.
Elements 1. State Practice 2. Opinio Juris Before a norm Thus, a State that cannot hold another State responsible for
may become customary international law binding on all a breach of a treaty obligation can still hold the erring state
States, there must be state practice and opinio juris sive responsible for the breach of the identical customary norm
necessitates. [North Sea Continental Shelf Cases (ICJ, [Nicaragua Case (ICJ, 1986)].
1969)]
General Principles of Law (GPL) Definition: These refer
State Practice The practice must be consistent and general. to those general principles in municipal law (particularly
Consistency requires substantial uniformity and not those of private law) that may be appropriated to apply to
necessarily complete uniformity in practice [Asylum Case the relations of states.
(ICJ, 1950)]. Generality does not require universality.
SUBSIDIARY SOURCES Judicial Decisions and
North Sea Continental Shelf Cases: a short duration, by Teachings of Highly Qualified Publicists Function: These
itself, will not exclude the possibility of a practice maturing two sources listed in Article 38 (1 (d)) of the ICJ Statute
into custom provided that other conditions are satisfied, i.e. tell us what the law is. They are evidence of what
consistency and generality of practice of states international law is. Judicial Decisions Includes decisions
of international tribunals and those of municipal courts.
Uniformity and generality of practice need not be There is no binding precedent in international law pursuant
complete, but it must be substantial. (Nicaragua v. United to Article 59 of the ICJ Statute Highly Qualified
States (ICJ Reports 1986)); the practice need not be “in Publicists No clear definition of what is a highly qualified
absolute conformity” with the purported customary rule. publicist.

Opinio juris; why do states behave the way they do? 1. Hard Law (lex lata) vs. Soft Law (lex ferenda) a. Hard
Opinio juris – the belief that a certain form of behavior is Law- binding legal norms/rules under PIL; justified
obligatory, a. This is what makes practice an international existence will amount to state obligations (treaties and ICL)
rule. b. Even humanitarian consideration by itself does not b. Soft Law- non-binding legal rules in PIL but affect state
constitute opinio juris. 2. Nicaragua case: for a new conduct; considered precursors of hard law (prefatory rules
customary rule to be formed, the acts concerned must which will eventually lead to hard laws) a. Ex. Resolutions
‘amount to a settled practice’ AND accompanied by the and Declarations of the UN b. *UDHR- mere declaration
opinio juris sive necessitatis. but over time, it attained the status of ICL

What are the acceptable evidence of state practice?  SUBJECTS OF PIL -entities that assumed rights and
These can be treaties, diplomatic correspondence, obligations under PIL; possess legal and international
statements of national leaders and political advisers, as well personality (considered as parties in PIL); can directly
as the conduct of states. By themselves, however, they do invoke the benefits of PIL vs. Objects of PIL -persons or
not constitute customary law unless characterized by opinio things in respect to which rights and obligations are held by
juris.  Nicaragua v. United States: opinio juris may be a subject of PIL; do not have any direct personality under
deduced from, inter alia, the attitude of the Parties and of PIL; in order that rights and obligations be recognized,
States towards certain General Assembly resolutions. shall be represented by a subject (state or international
Consent to such resolutions is a form of expression of an organization) – traditional view
opinio juris with regard to the principle of non-use of force,
regarded as a principle of customary international law, Definition of Subjects of International Law: Entities
independently of the provisions. which are: 1. Capable of possessing international rights and
duties; and 2. Having the capacity to maintain these rights
Binding Effect of CIL General Rule: Customary by bringing international claims [Reparations for Injuries
International Law is binding on all states. Exception: Advisory Opinion (ICJ, 1949)].
Persistent Objector - When a State has continuously
objected to a new customary norm at the time when it is yet A state exists when it complies with the four (4) requisites
in the process of formation, by such persistent objection the listed in the Montevideo Convention, which is considered
norm will not be applicable as against that state as customary international law for defining the requisites of
[MAGALLONA and Asylum Case (ICJ, 1950)] Note statehood.
however that the ICJ has recognized the possibility of Permanent Population It refers to a permanent population
regional custom in the Asylum Case (ICJ, 1950) and of and intended to be used in association with that of territory,
bilateral custom in the Right of Passage over Indian and connotes a stable community.
Territory Case (ICJ, 1960). Defined Territory State territory is that defined portion of
the surface of the globe, which is subjected to the
Duality of Norms It is possible for a norm of international sovereignty of the State
law to exist both as a customary norm and a conventional
norm [e.g. prohibition against the use of force]. Such norms
Government Denotes a “stable political community obligations; may exercise corporate powers; may sue and
supporting a legal order to the exclusion of another in a be sued *Diplomatic Immunity- ordinarily, organization
given area”. cannot be sued within a particular jurisdiction Justification:
a. Functional Independence- freedom from domestic
De Jure: Government from law, that is, one with a color of control in order that an international organization can
legitimacy. De Facto: One that governs without a mandate effectively perform its functions; ordinary courtesy and
of law. So long as it is in place, it may command obedience respect because other members of the organization are also
from the inhabitants of the occupied area. The de facto states; to invoke diplomatic immunity, the act should be
ruler may suspend laws and enact new ones. connected with official function b. Funds raised through
State contribution- no state shall be allowed to take undue
Capacity To Enter Into Relations With Other advantage of common international funds by allowing a
States/Independence A state must be free from outside domestic state to levy or charge international funds; unfair
control in conducting foreign and internal affairs, i.e. to other states
sovereign and independent. The State is the sole executive 4. Directly governed by PIL *Specialized Agencies –
and legislative authority. It must be independent of other classification of an international organization that devotes
state legal orders, and any interference by such legal orders, specialization in a particular field Ex. WHO, IRRI, World
or by an international agency, must be based on a title of Bank, World Food Org. *Supranational Organization –
international law. Independence is the decisive criterion of an organization that exists in multiple countries Ex.
statehood. This concept of independence is represented by European Union *Process of Suggestion – suggestion from
the requirement of capacity to enter into relations with the executive branch (DFA) that a person/organization is
other states. entitled to diplomatic immunity (separation of powers)

Concepts Relating to Statehood: Declaratory School: Consequences of Sovereignty: 1. Sec. 3, Art XVI, PC
Recognition is a mere declaration or acknowledgement of -State cannot be sued without its consent -right is deemed
an existing state of law and fact, legal personality having inherent in all states; may be justified by any state even in
been previously conferred by operation of law. This is the the absence of a constitutional provision (considered as a
prevailing view. Constitutive School: The political act of generally accepted principle of PIL) Forms of Consent: a.
recognition is a precondition to the existence of legal rights Express- may be general or special b. Implied- if state
of a state. In its logical extreme, this is to say that the very files a suit (exposes itself to counter-suit; descended itself
personality of a state depends on the political decision of to the level of the one suing); or state enters into a contract
other states. This is the minority view. (jus imperii- in connection with governmental/sovereign
acts; doctrine of restrictive state liability) (jus gestionis- in
The Principle of Continuity and Obligations Contracted connection with proprietary/commercial capacity; implied
by De Facto Governments The state is bound by waiver to be sued) – Restrictive Doctrine of State
engagements entered into by governments that have ceased Immunity – Absolute Doctrine of State Immunity: a state
to exist; the restored government is generally liable for the cannot be sued without giving its consent *A foreign state
acts of the usurper. A general government de facto having may resist jurisdiction of other states- an equal has no
completely taken the place of the regularly constituted jurisdiction over his fellow equal (par in parem non habet
authorities in the state binds the nation. So far as its imperium); sovereign equality
international obligations are concerned, it represents the 2. Act of State Doctrine -States are considered as equals
state. It succeeds to the debts of the regular government it -one state cannot question the act of another state
has displaced and transmits its own obligations to particularly so if the act was committed within the territory
succeeding titular governments. Its loans and contracts bind of the latter state 3. State Continuity -status of a state as
the state and the state is responsible for the governmental legal person/corporate person continues, provided all
acts of the de facto authorities. In general its treaties are elements of statehood are present despite changes in its
valid obligations of the state. It may alienate the national internal organization like the change of government 4.
territory and the judgments of its courts are admitted to be State Succession -one state takes over territory of another
effective after its authority has ceased. [Tinoco Arbitration; state (partial/universal); acquire rights and obligations of
(1 U.N. Rep. Int’l Arb. Awards 369, 1923)] former state in control of the territory.

International Organizations General rule: International TREATY – The Vienna Convention defines a treaty as “an
organizations have special personality. The status and international agreement concluded between States in
powers of an international organization is determined by written form and governed by international law, whether
agreement and not by general or customary international embodied in a single instrument or in two or more related
law. They are considered subjects of international law “if instruments and whatever its particular designation.”
their legal personality is established by their constituent
instrument.” Thus, legal personality in this context is a A treaty, under international Law is: a. An international
relative concept [MAGALLONA]. Exception: United agreement; b. concluded between states; c. in written form;
Nations, which has objective international personality. The d. governed by international law; e. whether embodied in a
UN’s personality is binding on the whole international single instrument or in two or more related instruments;
community, including States who are not UN members and f. whatever its particular designation [Art. 2(1)(a),
[Reparations for Injuries Advisory Opinion (ICJ, 1949)]. VCLT]. However, the definitions under the VCLT are
“without prejudice to the use of those terms or to the
Elements for one to be considered and recognized as an meanings which may be given to them in the internal law
International Organization 1. Always established by a of any State” [Art. 2(2), VCLT].
treaty; charter is the basic law which will govern the Requisites for a Valid Treaty 1) Treaty Making Capacity
organization 2. Members should be states 3. Endowed with (refers to states which have international legal personality,
legal or international personality; may assume rights and see Section D above on subjects of international law and
Article 6 of VCLT specifically provides that states have the power to represent state in treaty-making process) *Who
capacity to enter into treaties) 2) Competence of the will sign first? – System of Alternat (for the copy of the
representative giving consent 3) Consent freely given 4) treaty that will be brought home, he should be the one to
Object and Subject Matter 5) Ratification sign first)

Different kinds of treaties Interpretation of Treaties Art. 26, VCLT – pacta sunt
servanda Every treaty in force is binding upon the parties to
Multilateral treaties open to all states of the world. a. it and must be performed by them in good faith.
Create norms which are the basis for a general rule of law.
b. Either codification treaties or “law-making treaties” or How Treaties are Abrogated 1. Rebus Sic Stantibus -
they may have the character of both. contemplates a fundamental change of circumstances
2. Treaties that create a collaborative mechanism. a. between the parties to a treaty and such change happened
Scope: either universal or regional. b. Operate through the after the signing and conclusion of the treaty and such was
organs of the different states. unforeseen by the parties - justification on the part of the
3. Bilateral treaties – largest category of treaties o Many state parties not to comply with treaty obligations
are in the nature of contractual agreements which create Requisites: a. Treaty should be of indefinite application-
shared expectations such as trade agreements of various no predefined period, otherwise, modus vivendi
forms. o They are sometimes called “contract treaties.” o b. Fundamental change must be unforeseen; not caused
While treaties are generally binding only on the parties, the by the party invoking the doctrine
number of the contracting parties and the generality of the c. Invoked within a reasonable time
acceptance of specific rules created by the treaty can have d. Apply prospectively and not retroactively
the effect of creating a universal law in much the same way 2. Expiration of the term of the treaty/happening of a
that general practice suffices to create customary law. resolutory condition
3. Accomplishment of the purpose of the treaty
Oral Treaty 1. Traditional view- valid Conditions: a. 4. Impossibility of performance by reason of fortuitous
Entity has treaty making capacity b. Entered into by event
authorized representative of the entity c. Voluntarily 5. Novation (change of parties) 6. Desuetude - mutual
entered into (no vices of consent) d. Lawful subject of desistance not to continue with the treaty
treaty 2. Modern view- oral treaties are not invalid per se; 7. Extinction of one of the parties
bias on preference to written treaties (better to have a 8. War - treaty is pre-conditioned on the fact of friendly
repository/evidence proving existence of agreement) relations between states
9. Treaty contravenes the UN Charter - the General
Treaty vs. Executive Agreement -in PIL, there is no Assembly or the ICJ may make the declaration of the
difference (nomenclature does not matter) -in domestic law, voidance of the treaty.
treaties are required to be ratified and concurred with while
executive agreements do not require; treaties apply to CASES:
political issues, national policies and other international
agreements which are legal and permanent in nature, while MODULE I
executive agreements apply to international agreement only JUDGE LANTION: INCORPORATION CLAUSE AND
temporary in nature (ex. Visiting Forces Agreement) PACTA SUN SERVANDA. The court observes that there
is no conflict between an international law (RP-US
When does a treaty violate PIL? -if treaty will fail to Extradition Treaty) and municipal or national law (PD
comply with these 2 restrictions: a. International Customary 1069) in the present case. Instead, there exists a void in the
Law (jus cogens and obligation ergo omnes) b. UN Charter provisions of the RP-US Extradition Treaty, as
restrictions -what if state is not a member of UN? – UN implemented by Presidential Decree No. 1069, as regards
Charter still considered as ICL, hence there is no need for a the basic due process rights of a prospective extraditee at
state to be a member to comply *UN still assumes the evaluation stage of extradition proceedings.
jurisdiction (The United Nations Peacekeeping Forces are TANADA – FILIPINO FIRST POLICY and
employed by the World Organization to maintain or re- INCORPORATION CLAUSE
establish peace in an area of armed conflict. The UN may KURODA: INCORPORATION CLAUSE
engage in conflicts between states as well as in struggles ICHONG: POLICE POWER and SOURCE OF DANGER,
within states.) 2. Can a state be bound to a treaty which it The Nations Charter imposes no strict or legal obligations
did not sign? -General Rule: voluntary consent regarding the rights and freedom of their subjects, and the
-Exception: if treaty is a mere codification of ICL, state is Declaration of Human Rights contains nothing more than a
bound (overlapping of sources is allowed) mere recommendation or a common standard of
achievement for all peoples and all nations.
Treaty Making Process (Formalities) 1. Negotiation LO CHING: The Hague Convention of 1907 does not
(terms and conditions of treaty) -through diplomatic allow an occupying army to seize private property in the
channels -discuss proposal and counter-proposal 2. territory invaded.
Signature -not only physical act of signing -includes the ff: MIJARES: The rules of comity, utility and convenience of
a. Adoption of text – formal act of signifying content to the nations have established a usage among civilized states by
form, contents and substance of treaty b. Authentication of which final judgments of foreign courts of competent
the text – actual signing of the treaty *Who will sign? – jurisdiction are reciprocally respected and rendered
customarily, heads of states, diplomatic ministers, efficacious under certain conditions that may vary in
secretaries, ambassadors, and others as long as different countries. 
representative is armed with plein pouvoir (full authority In RE GARCIA: cannot practice in the PH
from the state to sign the treaty); state decision (municipal LLDA: It is to be borne in mind that the Philippines is party
law) on who will sign the treaty (President has the inherent to the Universal Declaration of Human Rights and the
Alma Conference Declaration of 1978 which recognize TINOCO – Yes. The Tinoco government was an actual
health as a fundamental human right. sovereign government. There is no evidence that Tinoco
ALABAMA CLAIMS: GREAT BRITAIN VIOLATED was not in actual and peaceable administration without
THE TREATY IN NEUTRALITY resistance or conflict or contest by anyone until a few
DANZIG: cannot enforce the consti to others months before the time when he retired and resigned.
LA granda case: Breach of Obligation Among the consequences of sovereignty includes state
continuity. It states that the status of a state as a legal
MODULE II person/corporate continues provided that elements of
POE - As a matter of law, foundlings are as a class, statehood are present despite the change in its internal
natural-born citizens. Foundlings are likewise citizens organization. Although governments of other States did not
under international law. Under the 1987 Constitution, an recognize the Tinoco government, it does not outweigh the
international law can become part of the sphere of domestic evidence the de facto character of the Tinoco government.
law either by transformation or incorporation. International Therefore, the contracts entered into by Tinoco are valid.
customary rules are accepted as binding as a result from the THE SAPPHIRE CASE - A foreign sovereign, as well as
combination of two elements: (a) the established, any other foreign person, who has a demand of a civil
widespread, and consistent practice on the part of States; nature against any person here may prosecute it in our
and (b) a psychological element known as the opinion juris courts. To deny him this privilege would manifest a want of
sive necessitates (opinion as to law or necessity). Implicit comity and friendly feeling. The reigning sovereign
in the latter element is a belief that the practice in question represents the national sovereignty which is continuous and
is rendered obligatory by the existence of a rule of law perpetual, residing in the proper successors of the sovereign
requiring it. for the time being. The next successor recognized by the
PHARMA – GAPOIL government is competent to carry on a suit already
PAQUETE – IL Fishing vessels are exempt from capture commenced and receive the fruits of it.
as prize of war. VICTORY TRANSPORT INC - The test the court uses is
ASYLUM - There was no expressed/ implied right of the restrictive theory of immunity, recognizing immunity to
unilateral and definitive qualification of the State to grant a foreign state’s public or sovereign acts (jure imperii), but
asylum under Havana Convention/ principles of int’l law. denying immunity to a foreign state’s private or
6. Montevideo Convention – w/c accepts rights of commercial acts (jure gestionis). The purpose of the
unilateral qualification was not ratified by Peru 7. restrictive theory is to try the interest of individuals doing
Considering low numbers of ratifications, provisions of the business with foreign governments in having their legal
convention cannot be said to reflect ICL a. Burden of proof rights determined by the courts, with the interest of foreign
on existence of customary law rests with the party making governments in being free to perform certain political rights
allegation: 1. Constant & uniform usage 2. Practiced by without undergoing the embarrassment or hindrance
States 3. Expression of rights appertaining to the State defending their actions before foreign courts.
granting asylum 4. Duty incumbent on territorial State UNDERHILL - “Every sovereign State is bound to respect
NORTH SEA - The use of the equidistance method had the independence of every other sovereign state, and the
not crystallised into customary law and the method was not courts of one country will not sit in judgment on the acts of
obligatory for the delimitation of the areas in the North Sea the government of another, done within its own territory.
related to the present proceedings. The Court held that the LUTHER V. SAGOR - It was found that Britain provided
principle of equidistance, as contained in Article 6 did not de facto recognition to the government of Russia and such
form a part of existing or emerging customary international recognition shall be given retrospective effect. The Kings
law at the time of drafting the Convention.  bench Division held that they cannot interfere with the
NICARAGUA: The Court held that the United States internal matters of the State. Since the de facto recognition
violated its customary international law obligation not to shall be given retrospective effect, the time when it was
use force against another State when its activities with given is not anymore a concern. Therefore, the
the contras resulted in the threat or use of force. The Court nationalization (the taking of the mechanical sawmills and
held that the United States violated its customary all woodworking establishments belonging to private
international law obligation not to use force against another companies by Russia) was valid. However, it has been held
State when it directly attacked Nicaragua in 1983 and 1984. that the plaintiffs are entitled to the declaration claimed.
he Court held that the United States could not justify its The decree relied upon by the defendants was only
military and paramilitary activities on the basis of confiscatory and not conformable to the usage of nations.
collective self-defence. The Court held that the United BROWN CLAIM - No. Great Britain cannot be held liable
States breached its CIL obligation not to intervene in the because esuch liability never passed to or was assumed by
affairs of another State, when it trained, armed, equipped the British Government. It should be borne in mind that this
and financed the contra forces or encouraged, supported was simply a pending claim for damages against certain
and aided the military and paramilitary activities against officials and had never become a liquidated debt of the
Nicaragua. The United States violated its customary former State.
international law obligation not to violate the sovereignty THE SCHOONER EXCHANGE - YES. National ships
of another State, when it directed or authorized its aircrafts of war entering the port of a friendly power open for their
to fly over Nicaraguan territory and when it laid mines in reception are to be considered as exempted by the consent
the internal waters of Nicaragua and its territorial sea. of that power from its jurisdiction. Without doubt, the
sovereign of the place is capable of destroying this
MODULE 3 implication.
HAILE SELASSIE - owever, the Cable and Wireless
HOLY SEE: HOLY SEE IS THE SOVEREIGN appealed. During this appeal, the Great Britain recognized
LIANG – NOT IMMUNE FROM SUIT BECAUSE NOT Italy as the de jure government of Ethiopia. 4. The court
IN THE PERFORMANCE OF DUTY dismissed the claim of Haile Selassie over the sum of
money since it is no longer the de jure government or de
jure sovereign of Ethiopia. Generally, this recognition of ICMC - No, the diplomatic immunity granted to IRRI and
government comes with the retrospective effect and ICMC by the Executive Department bars the assumption of
therefore the right of succession dated back to the date of jurisdiction by the courts. Diplomatic is a political question
the de facto recognition of Haile Selassie as sovereign of beyond the jurisdiction of the courts
Ethiopia to the second half of the due 1936.Since de facto NORTH COTABATO - In the international legal context,
recognition took place before the issue of the writ court (on an association is formed "when two states of unequal power
January 4, 1938) the Haile Selassie’s claim fails and had to voluntarily establish durable links. In the basic model, one
be dismissed state, the associate, delegates certain responsibilities to the
NATIONAL BANK The Republic of China is apparently other, the principal,while maintaining its international
suable on contract claims in its own courts, and Americans status as a state. Free associations represent a middle
have the same rights as Chinese in those courts. No ground between integration and independence"
parochial bias is manifest in our courts which would make In international practice, the “associated state”
it an affront to the "power and dignity" of the Republic of arrangement has usually been used as a transitional device
China for us to subject it to counterclaims in our courts of former colonies on their way to full independence.
when it entertains affirmative suits in its own. The general NUREMBERG: Yes. It is a crime to plan or wage a war
rule that a State cannot be sued without its consent admits that is a war of aggression or a war in violation of
certain exceptions such as contract claims, by its voluntary international treaties. The nations who signed the Kellog-
nature; a State impliedly gave its consent to be sued. And it Briand Pact or adhered to it unconditionally condemned
is absurd to allow a foreign government invoking the US recourse to war as an instrument of policy and expressly
law but resisting a claim against it, which fairly would renounced it. A war of aggression is outlawed by the Pact
curtail its recovery. because it constitutes an instrument of international
Saudi Arabia – Yes, petitioner Saudi Arabia is immune.
controversies.
Under the Foreign Sovereign Immunities Act, a foreign
state is presumptively immune from the jurisdiction of
United States courts; unless a specified exception applies, a
federal court lacks subject matter jurisdiction over a claim
against a foreign state. The Nelsons invoke the exception
provided in the first clause of 1605(a)(2) of the Act which
provides that a foreign state shall not be immune from the
jurisdiction of United States courts in any case "in which
the action is based upon a commercial activity carried on in
the United States by the foreign state.
Reparations for injuries suffered in the service of
United Nations - Yes, the UN, as an organization has the
capacity to bring an international claim against the
responsible de jure or de facto government with respect to
the damage caused to the UN. It cannot be doubted that the
Organization, as an international person, has the capacity to
bring an international claim against one of its members
which has caused injury to it by a breach of its international
obligations towards it
DFA v. NLRC Under the Art. 50 (1) of the Charter and
Headquarters Agreement, the ADB enjoys immunity from
legal process of every form, except in the specified cases of
borrowing and guarantee operations, as well as the
purchase, sale and underwriting of securities. Art. 55
thereof states that all Governors, Directors, alternates,
officers and employees of the Bank, including experts
performing missions for the Bank, on their part, enjoy
immunity in respect of all acts performed by them in their
official capacity.
LASCO v. UN The diplomatic immunity of private
respondent was sufficiently established by the letter of the
Department of Foreign Affairs, recognizing and confirming
the immunity of UNRFNRE in accordance with the 1946
Convention on Privileges and Immunities of the United
Nations where the Philippine Government was a party
WHO v AQUINO It is a recognized principle of
international law and under our system of separation of
powers that diplomatic immunity is essentially a political
question and courts should refuse to look beyond a
determination by the executive branch of the government,
and where the plea of diplomatic immunity is recognized
and affirmed by the executive branch of the government, it
is the duty of the courts to accept and the claim of
immunity upon appropriate suggestion by the principal law
officer of the government, in this case, the OSG, or other
officer acting under his direction.