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2-1 > PIL > Flashcards

PIL Flashcards

1
Q

Succession of States

A

-Political laws are abrogated while municipal laws remain in force.
-Treaties are discontinued except those dealing with local rights and duties
-All rights of the predecessor state are inherited but successor state can assume and reject liabilities at its discretion

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2
Q

Succession of Governments (ISRCV)

A

-The integrity of the State is not affected
-The state continues as the SAME international person but its lawful representative has changed
-All rights of the predecessor government are inherited by the successor
-Where the new government was organized through constiutional reform duly ratified in a plebiscite, all of the obligations of the predecessor government are assumed
-If the new government was established through violence, the new govt may reject purely personal or political obligations of the predecessor BUT NOT THOSE OBLIGATIONS CONTRACTED IN THE ORDINARY COURSE OF OFFICIAL BUSINESS

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3
Q

Independent States

A

Has freedom to direct and control foreign relations without restraint from other states

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4
Q

Dependent State

A

An entity, although a state, does not have full freedom in the direction of its external affairs

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5
Q

Suzerainty

A

The result of a concession from a state to a former colony that is allowed to be independent subject to the retention by the former sovereign of certain powers over external affairs of the latter

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6
Q

Protectorate

A

Established at the request of the weaker state for the protection by a stronger power

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7
Q

Neutralized

A

A state whose independence and sovereignty are guaranteed by an international treaty on the condition that such state obligates itself never take up arms against other states (XP: self defense) or enter into any obligation indirectly involved in a war

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8
Q

Holy See

A

The Holy See is an international person with which the Philippines has diplomatic ties

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9
Q

Colony

A

A dependent political community consisting of a number of citizens of the same country who have immigrated therefrom to inhabit another country BUT REMAIN SUBJECT TO THE MOTHER STATE

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10
Q

Dependency

A

A territory distinct from the country in which the supreme sovereignty resides but belongs rightfully to it and subject to the laws and regulations which the sovereignty may prescribe

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11
Q

Purpose of the UN (PHAM-D)

A
  1. Prevention of war
  2. Maintenance of international peace and security
  3. Development of friendly relations among members of the international community
  4. Attainment of international cooperation
  5. Harmony in the action of nations
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12
Q

Functions of UN / Security Council

A
  1. Primary responsibility to maintain international peace and security;
  2. Investigate disputes and call disputants to settle their differences through peaceful means;
  3. Recommend methods of adjustment of disputes;
  4. Determine existence of threats to peace, breach of peace, acts of aggression;
  5. Make appropriate recommendations; and
  6. Undertake preventive and enforcement actions
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13
Q

Countries in the security council

A

MAIN: France, USA, China, UK, Russia
ELECTIVE MEMBERS: 5 African or Asian, 2 Latin American, 2 Western European,1 Eastern European

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14
Q

Preventive Actions

A

Provisional measures to prevent a conflict from worsening and may involve the deployment of peacekeeping/ observers missions.

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15
Q

Enforcement actions

A

Deployment of sea, air and land forces or in the institution of a blockade. (Ex. PH sending forces to Afghanistan)

Only applicable in international disputes.

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16
Q

Current Secretary General

A

António Guterres from Portugal

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17
Q

Legal sovereignty (LRPTP)

A

Equal in law, rights of sovereignty, personality, territorial integrity, and political independence respected by others

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18
Q

Act of state doctrine

A

Every sovereign state is bound to respect the independence of every other state

Courts in one country will not sit in judgment on the acts of another done in the latter’s territory

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19
Q

Legal effects of sovereign equality on jurisdiction

A

International - a state cannot be sued or be compelled to arbitrate or mediate without its consent

Domestic - Domestic matters cannot be interfered with by other states

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20
Q

UN Charter Art. 2 (7)

A

Nothing in the UN charter shall be construed to authorize the UN to intervene in matters that are essentially within the domestic jurisdiction of any state

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21
Q

State Immunity

A

A state enjoys immunity from the exercise of jurisdiction by another state

XP: 1. It has given its consent
2. Waived immunity
3. Voluntarily submitted itself to the jurisdiction of the court

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22
Q

Immunity granted to merchant ships

A

The right of innocent passage - immunity from molestation while within another state’s territorial waters

  • This does not grant them immunity from suit should they commit a criminal act in that jurisdiction
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23
Q

Immunity granted to warships and governmental ships

A

Covered by doctrine of state immunity

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24
Q

Governmental Functions

A

Compulsory functions which constitute the very bonds of society
Ex. Maintenance of peace and order

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25
Q

PIL Ministerial functions

A

Optional functions of the government intended for achieving a better life for the community
Ex. Undertaking to supply water for a price

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26
Q

Rationae Materiae

A

Immunity for public acts while done while in office

May still be invoked after a public officer has stepped down

Ex. Marcos cannot claim immunity for committing torture and killings when he was head of state

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27
Q

Rationae Personae

A

Immunity for private acts while done in office

May no longer be invoked when public officer has stepped down from office

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28
Q

Restrictive application of state immunity

A

This immunity is only applicable to governmental functions not ministerial functions

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29
Q

Par in parem imperium non habet

A

An equal has no power over the other

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30
Q

Immunity of International Organizations

A

This is granted because the functions they perform are so important as to merit the organizations and their staff privileges and immunities to allow them to perform their tasks more efficiently.

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31
Q

Territory

A

The fixed portion on the surface of the earth on which the state settles and over which is exercises supreme authority

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32
Q

Proof of sovereignty

A

Having one’s own territory is proof of sovereignty and an assertion of independence

It comes with a correlative duty to respect other state’s right to exercise sovereignty over their own territory

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33
Q

Art. 1 Sec. 1

A

The National territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of the terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves and other submarine areas. The water around between and connecting the islands of the archipelago, regardless of their breadth or dimension, form part of the internal waters of the Philippines.

34
Q

Modes of acquisition

A
  1. Discovery and occupation
  2. Prescription
  3. Cession (by treaty)
  4. Conquest
  5. Accretion
35
Q

Occupation

A

Formal gestures signifying the intent to occupy. Must be accompanied by acts tantamount to the peaceful exercise of sovereignty over a previously unclaimed territory

36
Q

Prescription

A

Territory May also be acquired through continuous and uninterrupted possession over a long period of time

The pre-existing sovereign must have effectively abandoned its claim over the subject territory

37
Q

Cession

A

Voluntary cession - treaty of sale or donation

Involuntary cession - ex. Treaty of Paris

38
Q

Conquest

A

Threat or use of force against the territorial integrity or political independence of any state

This mode of acquisition is no longer recognized

39
Q

Accretion

A

Increase in land area of the state either by natural or artificial means

40
Q

Accretion vs Avulsion

A

Accretion involves gradual shift through natural means. May result in shift in boundaries

Avulsion sudden and dramatic shift. No shift in boundaries

41
Q

Uti Possidetis Juris

A

Newly formed sovereign states should have the same borders as those of the preceding state

42
Q

Contemporary standards on territory

A
  1. Effective occupation
  2. Consent
  3. Right to self-determination
43
Q

Internal waters vs External Waters

A

INTERNAL- All waters on the landward side of the baselines of the territorial sea

EXTERNAL - All waters extending towards the sea from the baselines

44
Q

Chicago Convention

A

The contracting parties recognize that every State has complete and exclusive sovereignty over the airspace above its territory

Applies only to civil aircraft

XP: Outer Space because it’s res communes

45
Q

State Aircraft Restrictions

A

No State aircraft of a contracting party shall fly over the territory of another State or land thereon without authorization by special agreement

46
Q

Chicago Convention - Power to Refuse

A

The right to refuse permission to the aircraft of other contracting States to take on in its territory PASSENGERS, MAIL and CARGO carried for hire and destined for another point in its territory

47
Q

Chicago Convention - Power to Search

A

The right, roughly unreasonable delay, to search an survey on landing or departure AND

Inspect certificates and other documents as prescribed by the Chicago Convention

48
Q

Documents to be carried by aircrafts CCLJREM

A
  1. Certificate of registration
  2. Certificates of airworthiness
  3. Appropriate licenses for each member of the crew
  4. Journey log book
  5. Aircraft radio station license
  6. List of names and places of embarkation and destination
  7. A manifest and detailed declaration of all its cargo
49
Q

Jurisdiction under International Law

A

Power or authority exercised by a State over land, persons, property, transactions and events

50
Q

Prescriptive Jurisdiction vs Enforcement Jurisdiction

A

P - Ability of a State to define its own laws. This power is generally unlimited

E - Ability of a state to enforce its own laws it has created. Limited by territory and nationality. Cannot exist without prescriptive jurisdiction

51
Q

XP to immunity from suit

A

When the public officer acts so plainly outside of his power and authority that he cannot be said to have exercised discretion in determining whether or not he had the right to act

52
Q

Define PIL

A

The law that deals with the conduct of states and international organizations, their relations with each other and relations with natural or juridical persons

53
Q

Natural Law School on PIL

A

There is a natural and universal principle of right and wrong which is inherent in every person. Since States are made up of people, it is also bound by natural law

54
Q

Positivist Theory on PIL

A

Binding force of IL is derived from the agreements of states bound by it

55
Q

Eclectic/ Groatian School

A

IL is a mix of Natural and Positive Law. Should there be a conflict, natural law shall prevail

56
Q

Realist Theory

A

States are in a constant struggle for power, each state can be reasonably assumed to be acting in their own interests

57
Q

Austinian Dillemma

A

States lack an effective enforcement mechanism since there is no supreme sovereign over the other

58
Q

Primary Sources of International Law

A
  1. International Treaties and Conventions
  2. International Customs
  3. General Principles of Law
59
Q

Secondary sources of international law

A
  1. Judicial Decisions
  2. Writings of Publicists
60
Q

How does a custom become an international custom

A
  1. Prevailing practice by a number of states;
  2. Repeated over a considerable period of time;
  3. Attended by opinio juris or a sense of a legal obligation
61
Q

Two elements of customs

A

State practice and opinio juris

62
Q

Persistent Objector

A

One who objects to a practice from the early stages of the practice and maintains said objection consistently

XP: when the practice has attained the status of jus cogens

63
Q

Relationship between treaty and custom

A

GR: Treaty is superior to a custom
Xp: The custom involved is jus cogens

64
Q

Jus Cogens

A

Literally means “compelling law”. It designates norms from which no derogation is permitted by way of particular agreements

65
Q

Subject vs object in International Law

A

Subject - an entity that has rights and responsibilities under IL. It can be a proper party In transactions involving international law

Object - person or thing in which rights are held and obligations are assumed by the subject

66
Q

Characteristics of Statehood

A
  1. Ability to enter into treaties and other relations with other states
  2. Exclusive competence over purely domestic affairs
  3. Freedom from jurisdiction of international tribunals
  4. Theoretically equal to other states
67
Q

Characteristics of Statehood

A
  1. Ability to enter into treaties and other relations with other states
  2. Exclusive competence over purely domestic affairs
  3. Freedom from jurisdiction of international tribunals
  4. Theoretically equal to other states
68
Q

Doctrine of Hot Pursuit

A

If an offense is committed by a foreign merchant vessel within the territorial waters of a coastal state, the state may pursue the offending vessel into open seas and bring it back to its territory for punishment.

Pursuit must be continuous and unabated

XP: ship entered its own territorial sea

69
Q

Principle of universality

A

State has jurisdiction over offenses considered as universal crimes regardless of where and who committed it

70
Q

Protective principle

A

State has jurisdiction over acts committed abroad (nationals or foreigners) which are prejudicial to its National security, political independence or other vital interests

71
Q

Nationality Principle

A

State has jurisdiction over its nationals anywhere in the world, based on the principle that a national is entitled to the protection of the state wherever he might be

72
Q

Waters and the jurisdictions applicable

A

Territorial Waters
- exercise of sovereignty
- 12nm from baseline

Contiguous Zone
- jurisdiction to enforce customs, fiscal, immigration, and sanitation laws
-24 nm

EEZ
-exploitation and ownership over all living and non living resources
-200 nm

Continental shelf
-exploration of resources of the sea, seabed, subsoil
-350 nm

73
Q

Jus Cogens

A

That part of customary international law which has the status of a peremptory norm of international law

No derogation from which is permitted and May only be modified by a norm with the same character

74
Q

Opinio Juris

A

A state’s belief that it is acting due to a legal obligation

75
Q

Erga Omnes

A

Obligations owed by states towards the community of states as a whole

76
Q

Anticipatory self defense requirements

A
  1. Use of force must be necessary because threat is imminent and peaceful methods are not an option
  2. Response must be proportionate to the threat
77
Q

Examples of subjects under international law (SCHUMBII)

A
  1. States
  2. Colonies
  3. Holy See
  4. UN
  5. Mandate and trust territories
  6. Belligerent communities
  7. International admin bodies
  8. Individuals
78
Q

Conditions of belligerency

A
  1. Organized civil government having control and supervision over the armed struggle
  2. Serious and widespread struggle with the outcome uncertain
  3. Occupation of a substantial portion of the national territory
  4. Willingness on part of the rebels to observe the rules or customs of international law
79
Q

Functions and duties of diplomats

A

Pg 87

80
Q

Persona non grata

A

Pg 88

2-1 (13 decks)

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