216

PUBLIC INTERNATION AL LAW

or alter rules of the other

.ow one legal order operates or acts within the other

A body of principles, norms and processes B. Which regulates the relations of States and other international persons, C. And governs their conduct D. Affecting the interests of States as a whole II. A. Relation of International Law and Municipal Law Public nternational !aw vs. "unicipal !aw vs. Private nternational !aw #. nternational law $ prescribes rules and processes that govern the relations of sovereign states with each other, and the rights of other entities insofar as they implicate the community of states %."unicipal law deals with the conduct or status of individuals, corporations, and other &private& entities within particular states. '. Private international law ( part of the laws of each State, which determines whether in dealing with a factual situation involving a foreign element, the law or )udgment of some other State will be recogni*ed or applied in the forum. Dualism vs. "onism "onism nternational law and municipal law are two separate systems, with only those problems affecting international relations being within the scope of international law -either legal order has the power to create Dualism +hat the international and the municipal legal systems are fundamentally part of one legal order

B.

nternational and domestic law as legal orders

Before an international norm can have an effect in municipal law, such must be transformed, or adopted into the municipal system through a positive act by the domestic legislature. ,n what +hat nternational each legal international law, li1e order law and municipal law, regulates domestic law is concerned regulate with the different conduct and sub)ect matter/ welfare of nternational individuals law for states0 Domestic law for individuals #."onist$naturalist a. +hat international law is superior b. +hat both systems are but part of a higher system of natural law %.+heory of Coordination a. +hat the two systems do not conflict as they wor1 in separate fields b. But that municipal law generally obliged to be in conformity with international law. c. +here may, however, be a conflict in obligations, an inability of the state to act in the domestic plane in a manner re2uired by international law d. +he conse2uence is not invalidity of the internal law but responsibility of the state in the international plane C. ,bligations of States and "unicipal !aw #.A state cannot plead the provisions of its own law or deficiencies in that law in answer to a claim against it for an alleged breach of its obligations under international law 3Article %4, 5C!,+6 %.7rom the nature of treaty obligations and from customary law, there is a general duty to bring internal law in conformity with obligations under international law '.A breach of international law arises only when the state concerned fails to observe its obligations on a specific occasion and not upon mere failure to establish conformity in

law even in the municipal sphere, with domestic law as a mere subset of international law +hat international norms are applicable within municipal systems even without some positive act of the state or its bodies.

,n which legal order is superior

Assertion of the supremacy of international

217
3%6. D. Position of the ndividual #. nternational law imposes certain duties on individuals 3i.e. +hat they not commit certain international crimes6 %. ndividuals or corporations may at times plead that a treaty has legal conse2uences on them. 8. "unicipal !aw as 7acts Before nternational +ribunals #."unicipal law as evidence of conduct attributable to the State concerned which creates international responsibility, li1e legislative measures or court decisions 3Certain 9erman nterests in Polish :pper Silesia6 %.+reatment of municipal law as mere facts in certain international tribunals; decisions a. As evidence of conduct in violation of a rule of treaty or customary law b. -o )udicial notice of municipal law, proof is necessary c. nterpretation of their own laws by national courts is binding on an international tribunal 3part of concept of reserved domain of domestic )urisdiction6 d. Assumption that for any domestic issue of which a tribunal is sei*ed, there is an applicable rule of domestic law, ascertainable as other facts of the case e. +ribunals cannot declare the internal invalidity of rules of national law f. t is debatable whether municipal law are to be treated merely as facts with the international court not engaging in an interpretation thereof 7. Doctrine of ncorporation #.+hat customary rules are to be considered part of the law of the land and enforced as such where they are not inconsistent with domestic law %.Philippine doctrine in incorporation/ +hat the Philippines &adopts the generally accepted principles of international law as part of the law of the land. III. A. Sources of International Law n 9eneral #.B<,W-! 8 a. 7ormal sources !egal procedures and methods for the creation of rules of general application which are legally binding on addressees. 82uivalent in international law is principle that general consent of states creates rules of general application b. "aterial sources ( provide evidence of the e>istence of concensus among states concerning particular rules or practices which, when proved have the status of legally binding rules of general application %.Art. '?, a. b. c. d. B. C= Statute nternational conventions nternational custom 9eneral principles of law recogni*ed by civili*ed nations =udicial decisions and teachings of the most highly 2ualified publicists

nternational Custom #.Definition a. 8vidence of a general practice accepted as law 3Article '?, C=6 b. 9eneral recognition among states of a certain practice as obligatory 3Brierly6 c. Distinguished from mere usage, involves practice that reflects a legal obligation0 <e2uires concurrence of two elements/ An ob)ective element, state practice +he sub)ective element of opinio juris d. A general and consistent practice of states which is followed by them from a sense of legal obligation 3+heodor "eron6 %.@inds of Custom a. 9eberal custom 3binding on almost all states6 b. Particular and !ocal Custom Custom need not always be general, that is, binding on all or most states Court conceded the possibility that local custom e>isted. Considered possibility that local custom could e>ist 3Asylum Case6. Same standards for establishing e>istence of general custom is applicable <ecogni*ed the e>istence of a bilateral custom 3+he <ight of

9. <es =udicata and the +wo !egal ,rders #.+here is no effect of res )udicata from the decision of a municipal court so far as international )urisdiction is concerned 3Parties and issues are different6 %.Decisions by organs of international organi*ations are not binding in national courts without the domestic legal system adopting some broad provision for automatic incorporation of treaty norms or re2uire specific acts of incorporation at least for certain categories of treaties.

218
Passage Case6 '.8vidence a. Diplomatic correspondence b. Policy statements c. Press releases d. ,pinions of official legal advisers e. ,fficial manuals on legal decisions 3i.e. e>ecutive decisions and practices, government comments on drafts by the !C6 f. nternatinal and national )udicial decisions g. <ecitals in treaties and international instruments h. Practice of international organs A.8lements a. Duration ( -o particular duration or passage of time is re2uired provided the consistency or generality of practice are proved b. :niformity, consistency of the practice Sub)ect to court appreciation "ere substantial uniformity and not complete uniformity is essential 3Brownlie6 c. 9enerality of the practice ( universality is not re2uired d. Opinio juris sive et necessitates <ecognition of the validity of the rules in 2uestion as a form of legal obligation in the practice of states Belief on the part of States that a particular practice is re2uired by law +wo approaches for determining opinio )uris in the practice of courts 8>istence of an opinio )uris is assumed on the bases of evidence of a general practice, or a consensus in the literature, or the previous determinations of the Court or other international tribunals -eed for more positive evidence of the recognition of the validity of the rules in 2uestion in the practice of states. 3i.e proof of custom outlined in the !otus Case and -orth Sea Case6 B.,ther ssues a. Persistent ob)ector ( <ule that a state may contract out of a custom in the process of its formation 8vidence of ob)ection must be clear Presumptio of acceptance of a custom must be rebutted Principle was recogni*ed in the Anglo$-orwegian 7isheries Case and the -orth Sea Continental Shelf Case b. Subse2uent ob)ector ( presumably, if a substantial number of states assert a new rule, the subse2uent contracting out of old rules, complemented by ac2uiescence by other states may result in a new rule c. Proof of custom ( +he proponent of a custom has the burden of proof the nature of which varies according to the sub)ect matter Absence of protest as a measure of generality of practice 3Brownlie6 Where several states do not ob)ect, whether the practice is deemed sufficiently general to constitute custom among them +e absence of protest could be considered evidence of the binding nature of the customary practice 3A1ehurst6

d.

C.Cases a. -orth Sea Continental Shelf Case, C= <eports 3#DCD6 ,n whether there is a custom regarding the e2uidistance ( special circumstances basis of delimiting the continental shelf ,n proof of opinio )uris Passage of only a short period of time is not necessarily a bar to the formation of new customary law Within that period, although short, State practice should be both e>tensive and virtually uniform in the sense of the provision invo1ed +hat such State practice occur in a way to show a general recognition that a rule of law or legal obligation is involved b. Case Concerning "ilitary and Paramilitary Against -icaragua 3-icaragua vs. :S6 Proof of custom 3citing -orth Sea Case6 +he acts concerned must amount to a settled practice Settled practice must be accompanied by opinio juris sive necessitates 3+hat the States ta1ing action or the states reacting must have behaved so that their conduct is evidence of a belief that the practice is rendered obligatory by the e>istence of a rule of law re2uiring it c. Asylum Case, C= <eports 3#DBE6 Case involving the practice in the e>ercise of diplomatic asylum by states Party relying on custom must prove that this custom is established in such a manner +hat it has become binding on the other party +hat the rule invo1ed is in accordance with a constant and uniform usage practiced by the States in 2uestion +hat the usage is an e>pression of a right appertaining to the

219
State invo1ing and a duty incumbent on the State against whom invo1ed C. +reaties #.Definition 35C!,+6 a. An international agreement concluded between States b. n written form c. 9overned by international law d. Whether embodied in a single instrument or in two or more related instruments e. Whatever its particular designation. %.-ature a. Constitutes law between the parties, who, under the principle of pacta sunt servanda, are re2uired to fulfill their treaty obligations. 35C!,+, Article %C6 b. 8very treaty in force is binding upon the parties to it and must be performed by them in good faith. 35C!,+, Article %C6 c. Create general norms for the future conduct of the parties in terms of legal propositions d. +hose where the obligations are basically the same for all parties e. n principle binding only on parties to the treaty '.8>amples of what are regarded as treaties a. +reaties b. 8>ecutive agreements 3 n Philippine law, while both treaties and e>ecutive agreements are e2ually binding, only treaties re2uire Senate concurrence for their effectivity c. 8>changes of notes A.Stages for 8>ecution of +reaties a. -egotiation b. Adoption of the te>t of the treaty by the parties By the parties; giving of consent 7or multilateral treaties, consent of %F' of the parties is needed Adoption merely fi>es the te>t of the treaty0 t gives no binding obligation yet. c. Subse2uent consent to be bound by the terms of a treaty given through Signature, when the negotiator is authori*ed to sign the treaty Ratification, the formal consent to the treaty given by the .ead of State, sometimes in con)unction with the legislature. Accession, the acceptance of treaty by a state that did not participate in its negotiation When signature without ratification is sufficient GArticle #%3#6, 5C!,+H +he treaty provides that signature shall have that effect0 t is otherwise established that the negotiating States were agreed that signature should have that effect0 or +he intention of the State to give that effect to the signature appears from the full powers of its representative or was e>pressed during the negotiation <atification when imperative GArticle #A3#6, 5C!,+H +he treaty provides for such consent to be e>pressed by means of ratification0 t is otherwise established that the negotiating States were agreed that ratification should be re2uired0 +he representative of the State has signed the treaty sub)ect to ratification

B.,ther issues a. Contract +reaties vs. law$ma1ing treaties Contract +reaties ( Bilateral arrangements Gentered into between two or a few StatesH concerning matters of particular or special interest to the contracting parties 3Salonga6 !aw$ma1ing treaties $ 8>ecuted by a large number of States 3Salonga6 +o declare the law on a particular sub)ect +o stipulate general rules for future conduct +o create an international institution. Distinction is important in deciding whether particular treaty obligations have crystalli*ed into customary norms. Basis for classification of a treaty as falling into either category/ -ature and effect of the norms they contain t is lawma1ing or legislative where there is an inherent or )uridical element in those treaties 3i.e. IdispositiveI or IrealI character of the transaction effected by the treaty, and the permanent nature created by or in pursuance of the treaty6 +reaty vis$J$vis Custom Possibility for the same norm to e>ist both as a customary norm and as conventional norm 3i.e. the prohibition of aggressive war6 +he customary norm, even if its

b.

220
content is identical with that of a treaty norm, retains a separate identity.3Brownlie6 "odes by which a norm ac2uires such dual character 3A1ehurst6 A treaty provision may simply restate a customary norm A treaty provision may crystalli*e into a customary norm A treaty provision may constitute evidence of custom. c. .ow treaties cystalli*e into custom/ +he provision must be norm$ creating +he treaty must be lawma1ing, creating legal obligations, which are not dissolved by their fulfillment. +he number of parties, the e>plicit acceptance of rules of law, and, in some cases, the declaratory nature of the provisions produce a strong law$creating effect at least as great as the general practice considered sufficient to support a customary rule. 3Brownlie6 d. +reatment of <esolutions by nternational ,rgani*ations 3i.e. 9A or SC <esolutions of the :nited -ations6 :- 9A resolutions .ave no binding effect under the :- Charter, save in limited fields li1e budgetary matters 3Article #4, :Charter6 9enerally )ust regarded as recommendations "ay constitute a 1ind of state practice, and thus, have some significance in the development particularly of customary law. 7actors to consider in determining the legal significance of such resolutions 3.iggins6 Whether they are binding or recommendatory +he ma)orities supporting them +he repeated practice in relation to them ,n evidence of opinio )uris C.Case Concerning "ilitary and Paramilitary Against -icaragua 3-icaragua vs. :S6, C= <eports 3#D?C6 +he termination of the treaty obligation will not itself bring about dissolution of the customary norm0 A state that cannot invo1e another stateIs liability for violating a treaty can still invo1e the liability for the breach of custom, even if they involve the same obligation. D. 9eneral Principles of !aw #.-ature a. <ules accepted in the domestic law of all civili*ed states b. 9eneral principles of municipal )urisprudence, particularly private law, insofar as they are applicable to relations of states. 3Brownlie citing ,ppenheim6 %.8>amples a. <oman !aw principles Principle of consent Principle of prescription Principle of res inter alios acta Principle of res judicata b. Procedural rules :se of circumstantial evidence c. Substantive obligations Principle of reciprocity Pacta sunt servanda Duty to observe good faith Duty to ma1e restitution d. ,thers Principle of e2uality of states Principle of finality of awards and settlements Principle of legal validity of agreements Principle of domestic )urisdiction Principle of freedom of the seas '.Cases a. Corfu Channel Case, C= <eports 3#DAD6 <ecourse to circumstantial evidence as indirect evidence is admitted in all systems of law and its use is recogni*ed by international decisions b. Chor*ow 7actory Case, #D%? PC = Ser. A, -o. #4 t is a principle of international law that any breach of an engagement involves an obligation to ma1e reparation c. Barcelona +raction, !ight and Power Company Case, C= <eports 3#D4E6 9eneral conception of the

221
limited liability company to be found in systems of municipal law 8. =udicial Decisions and Writings of Publicists #.=udicial Decisions a. -ature While not constituting a formal source of the law, is regarded as authoritative evidence of the state of the law 3Brownlie6 8>ercise considerable influence as an impartial and well$considered statements of the law by )urists made in the light of actual problems 3Salonga6 b. 8>amples of nternational +ribunals 3Brownlie6 nternational Court of =ustice and its predecessor, the Permanent Court on nternational =ustice Permanent regional courts 8uropean Court of =ustice 8uropean and nter$American Courts on .uman <ights Ad hoc and permanent arbitral tribunals :S$"e>ico Claims Commission Permanent Court of Arbitration Ad hoc tribunals nternational "ilitary +ribunal at -urnberg nternational "ilitary +ribunal in the 7ar 8ast ,rgani*ational tribunals Panels and appellate body of the World +rade ,rgani*ation Arbitration facilities as in the nternational Center for the Settlement of nternational Disputes 3 CS D6 of the World Ban1 nternational !abor ,rgani*ation Commission on .uman <ights Ad hoc and permanent criminal courts nternational Criminal +ribunal for <wanda nternational Criminal +ribunal for Kugoslavia nternational Criminal Court c. ssues =udicial precedent Article BD, C= Statute/ +hat decisions of the Court has no binding force e>cept as between the parties and in respect of that particular case +hough without strictly a doctrine of precedent, the Court strives to maintain )udicial consistency Sources of )udicial decisions Decisions of arbitral tribunals Decisions of the C= and its predecessors Decisions of Courts of =ustice of the 8uropean Communities Decisions of national courts Ad hoc international tribunals Pleadings in cases before international tribunals

%.Writings of Publicists a. -ature/ Constitute mere evidence of law ssues 3Brownlie6 +hat some publicists may be e>pressing not what the law is 3le> lata6 but what they thin1 the law should be or will become 3le> ferenda6 Any appraisal of publicists will tend to colored by sub)ective factors. b. Sources analogous to the writings of publicists Draft articles of the nternational !aw Commission .arvard <esearch drafts Separate and dissenting opinions of )udges of the World Court

7.

,ther Sources of !aw #.8> Ae2uo et Bono GArticle '?3%6 of the C= StatuteH a. !iterally means Ifrom what is e2uitable and goodI b. Possible application Consider as the e2uivalent of the application of e2uity Consider as implying the use of compromise, conciliation and friendly settlement between the parties %.82uity a. b. Defined/ +he application of standards of )ustice that are not contained in the letter of the e>isting law :sually applied in maritime demilitation cases and territorial disputes

'.:nilateral Declarations a. 8astern 9reenland case +he statement of -orwayIs 7oreign "inister on Denmar1Is territorial claim led the Court to resolve that Denmar1 not only had a superior claim, but that -orway was bound by the hlen Declaration not to oppose it.

222
b. -uclear +est Cases +he statement of 7rance that it would cease atmospheric nuclear tests, signaled that there had ceased to be a dispute, since 7rance had bound itself to do what Australia and -ew Lealand wanted. Declarations made by way of unilateral acts, concerning legal or factual situations, may have the effect of creating legal obligations. -o quid pro quo, nor any subse2uent acceptance, nor even any reaction from other States is re2uired for such declaration to ta1e effect. of certain rules or provisions in later 9eneral Assembly resolutions goes to the 2uestion of uniformity or constancy of practice +e>aco vs !ibya <eliance by arbitral tribunals on 9eneral Assembly <esolutions regarding the rules on e>propriation

b.

IV. Law A.

ctors ! Su"#ects in International

n 9eneral #.Sub)ect Defined/ 8ntity capable of possessing international rights and duties and having the capacity to maintain its rights by bringing international claims 3<eparations for n)uries Case6 %.,b)ect Defined/ +he person or thing in respect of which rights are held and obligations assumed by the sub)ect '.Conte>ts in which 2uestion of personality arises a. Capacity to ma1e claims in respect of breaches of international law b. Capacity to ma1e treaties and agreements velid on the international plane c. 8n)oyment of privileges and immunities from national )urisdictions A.8stablished !egal Persons in nternational !aw a. States b. Political entities legally pro>imate to states 3i.e. political settlements both in multilateral and bilateral treaties which have produced political entities6 c. Condominium as a )oint e>ercise of state power within a particular territory by means of an autonomous local administration d. nternationali*ed territories ( special status as created by a multilateral treaty and protected by an international organi*ations e. nternational ,rgani*ations 3i.e. :nited -ations6 f. Agencies of States g. Agencies of ,rgani*ations

9. +he Status of -orms #.=us Cogens a. -orms deemed to have a superior status in international law, admitting of no derogation. b. Peremptory or non$derogable norms c. Distinguished from jus dispositivium, which states may derogate from or limit through their agreements 3"agallona6 d. 8ffect where a norm is jus cogens in character A treaty provision violating )us cogens norms would be void 3Article B', 5C!,+6 A subsisting treaty provision would be voided by the creation of a new peremptory norm. 3Article CA, 5C!,+6 %.8rga ,mnes a. nternational obligations of such a nature that their violation by any state allows any other state to invo1e the violatorIs liability, even if only one state or only a few incurred direct material damage. b. Barcelona +raction !ight and Power Co Case +he grant of standing to sue because of violations of an erga omnes obligation is premised on the idea that the maintenance of some norms are of interest to the entire world community, their violation being an in)ury to the interest, not only of the state directly offended, but of all states. 3i.e. outlawing acts of genocide or aggression6 B. .. Problems #.+he Muestion of :- 9eneral Assembly <esolutions a. Western Sahara Case ,n the many 9A <esolutions on self$determination/ +he repetition

States #.Definition a. A group of people, more or less numerous, permanently living in a definite territory, under an independent government organi*ed for

223
political ends and capable of entering into legal relations with other states. b. +hat which possesses the following 2ualifications under the "ontevideo Convention on <ights and Duties of States A permanent population People defined/ i An aggregate of individuals of both se>es ii Who live together as a community despite racial or cultural differences iii Sufficient in number to maintain and perpetuate themselves "ust live in a stable, political community A defined territory "ust have control over a certain area -eed not be e>actly defined by metes and bounds, so long as there e>ists a reasonable certainty of identifying it -eed not e>actly be large in area 9overnment ( wields a legal order by means of centrali*ed administrative and legislative organs ndependence $ Capacity to enter into relations with other states %.<ecognition a. ssue of legal significance of the reaction of other states to an act of another state which may or may not affect the legal rights or political interests of the other states 3as establishing the e>istence of the state6 b. +wo schools Constitutivist school/ +he political act of recognition is a precondition of the e>istence of legal rights Gof a StateH Declaratory school/ <ecognition is a mere declaration or ac1nowledgement of an e>isting state of law and fact, legal personality having been conferred previously by operation of law '.Sovereignty a. Sovereignty +he supreme and uncontrollable power inherent in a State by which that State is governed 3Cru*6 +he general legal competence of states, including its power to e>ercise legislative )urisdiction, and the power to ac2uire title to territory 3Brownlie6 Sovereignty vis$a$vis 82uality states principle 3Brownlie6 of Principle of 7undamental 82uality of States GArticle %3#6, :- CharterH Principal corollaries of the sovereignty and e2uality of states =urisdiction over a territory and the people on it Duty of non$intervention in areas of e>clusive )urisdiction of other states Dependence of international obligations of a State on its consent.

c.

5aried -otions of Sovereignty 3Cru*6 !egal vs. Political !egal sovereignty $ Authority to issue final commands Political sovereignty $ Power behind the legal sovereign or the sum of influences that operate upon it nternal vs. 8>ternal nternal sovereignty ( Power to control state;s own internal affairs 8>ternal sovereignty $ Power &to direct its relations with other States 3independence6 ssues Sovereignty and nternational ,bligations 3Brownlie6 Whether states become bound by an international obligations is dependent on its consent. When a State binds itself by treaty to a particular underta1ing, this obligation does not constitute a violation of sovereignty. Act of entering into the treaty, and other binding international agreements, is itself an e>ercise of sovereignty 3Aramco Case6 Doctrine of <eserved Domain =urisdiction 3Brownlie6 +hat nothing in the Charter authori*es the :to intervene in what is essentially within this reserved domain or re2uires members to submit such matters to settlement under the Charter GArticle %346 of the :- CharterH <eserved domain as the domain of state activities where the )urisdiction of states is not bound by international law !imitation/ Without pre)udice to the use of enforcement measures under Chapter 5 of the Charter GArticle %346 of the :- CharterH

d.

b.

224
which the adding is done. 3i.e. A riparian State as ac2uiring title to the accretion to its coasts6 Prescription Definition/ When a State continually occupies and ac2uires title to land that formerly belonged to another state. 5is$J$vis Abandonment/ Abandonment means a retreat from territory <e2uisites 35on 9lahn6 i A state occupies territory that is claimed by another state ii +he occupying state e>ercises sovereignty over it iii +he owner ma1es no protest iv 8ventually, the original title lapses v +he occupying state ac2uires lawful title Cession 5oluntary cession $ a State relin2uishes title over territory to another, usually through a treaty Con2uest +he ac2uisition of territory through the use of force 3August6 <e2uisites i +he intent to appropriate ii +he ability to maintain control of, the sub)ugated territory, demonstrated by undisputed de facto possession over a sufficient period of time. -o longer a valid means of ac2uiring title, aggressive war been presently condemned by the :- Charter and by customary law

A.+erritorial Sovereignty F State +erritory in 9eneral a. +erritorial Sovereignty, Basic Points Defined as the right to e>ercise in one;s territory to the e>clusion of any other state, the functions of a state. +hat the e>ercise of this is not absolute is manifested by the following prohibitions/ A State may not cause in)ury to aliens within its borders A State may not allow acts within its borders that may harm the environment in other states 3:S vs. Canada F -uclear +est Cases6

b. +ypes of )urisdictional regimes over territory +erritorial sovereignty <egime of territories not sub)ect to the regime of any state but have a regime of their own 3e.g., trust territories6 Res nullius, i.e., sub)ect matter legally susceptible to state ac2uisition but not yet placed under territorial sovereignty Res communis, pertaining to those territories not capable of being places under state sovereignty 3e.g., outer space6 Brownlie "ethods of ac2uiring territory Discovery +hough formerly allowed, the law at present re2uires that this be followed up with effective occupation. 3 sland of Palmas Case6 :nder the present law, discovery gives the State an inchoate title that entitles it to perfect its claim by e>ercising effective control over the area within a reasonable time. ,ccupation Ac2uisition by a state of terra nullus, 3unoccupied land, or land not possessed by any other state6, whether that land was never occupied or was abandoned. 3August6 <e2uisites i +he ma1ing of a claim by the state, usually through discovery ii +he subse2uent e>ercise of effective control over the territory, through occupation or other activity iii Animus occupandi, the intent to acts as sovereign. Accretion +he gradual deposit of soil by a river flowing past a shore or by an ocean along its coasts 7ollows the principle that what is added follows the principal thing to

c.

d.

ntertemporal !aw +he rights derived from a legally significant act depend on the norms of law in force at the time the act was concluded Whether a State has ac2uired title to a particular area of territory depends on the law at the time the act of ac2uisition was done, and not on international law as it stands today 3Brownlie6 +he continued e>istence of a right ac2uired under the old law depends on the law as it evolves 3 sland of Palmas Case6

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e. Air and Space A State has complete sovereignty over the airspace over its territory and its territorial sea, and has )urisdiction over an aircraft from the moment it enters the said airspace 3August6 A State has no rights of sovereignty in outer space, which, with the moon and all celestial bodies, constitutes &the province of all man1ind& 3August6 +he 2uestion is where airspace and sovereignty ends, and outer space and res communis begins. b. Cases "ilitary and Paramilitary Activities n and Against -icaragua +he prohibition against the use of armed force is part of customary international law An e>ception to the rule prohibiting force is the e>ercise of the right to self$defense i +he submission of the e>ercise of the right of self$ defense to the conditions of necessity sand proportionality is a rule of customary international law. ii Self$defence warrants only measures which are proportional to the armed attac1 and necessary to respond to it iii n individual self$defense, the e>ercise of the right is sub)ect to the State having been the victim of an armed attac1. iv By an armed attac1 is meant not only action by regular forces across an international border but also the Nsending by or on behalf of a state of armed bands, groups, irregulars, mercenaries etc, which carry out acts of armed force against another State. !egality of the :se By a State of -uclear Weapons +he prohibition on the use of armed force in Article %3A6 of the :- Charter does not refer to specific weapons. t While the proportionality principle may not e>clude in all case the use of nuclear weapons, such use to be lawful, must still meet the re2uirements applicable in an armed conflict 3rules on humanitarian law6 Where the use of force in itself would be illegal, the threat to use such force would li1ewise be illegal "ere possession of nuclear weapons is not an illegal threat to use force per se. t depends on whether the particular use of force envisioned is directed against the territorial integrity, political independence or against the :purposes

C.

nternational ,rgani*ations #.9eneral Points a. Considered sub)ects of international law &if their legal personality is established by their constituent instrument 3charter6 b. Criteria of legal personality which an international organi*ation needs to fulfill 3"agallona 2uoting Brownlie6 t must constitute &a permanent association of states, with lawful ob)ects, e2uipped with organs.& +here must be &a distinction, in terms of legal powers and purposes, between the organi*ation GandH its member states.& t must have legal powers that it may e>ercise &on the international plane and not solely within the national systems of one or more states.& <eparations for n)uries Case +hough the :- Charter did not e>pressly clothe the :nited -ations with the capacity to bring an international claim for reparations, the :- nevertheless possessed this power. +he ,rganisation must be deemed to have those powers which, though not e>pressly provided in the Charter, are conferred upon it by necessary implication as being essential to the performance of its duties.&

c.

%.+he :- Charter and the :se of 7orce a. Pertinent <ules on :se of 7orce under the :- Charter "embers are to refrain from the threat or use of force in their international relations against the territorial integrity and political independence of any state inconsistent with the :- GArts. %3A6H, %A3#6, %B, %'3#6, %43'6, :Charter

'. nternational Court of =ustice a. :nder the :nited -ations Charter Designated the principal )udicial organ of the :nited -ations 3Arts. D%6

226
All :- members are deemed ipso facto parties to the Statute of the Court 3Art. D'6 DA, DC :- Charter %..uman <ights a. States can agree to confer certain rights to individuals b. <ecognition of the need to protect individual human rights in the realm of international law '.-ationality a. n general "embership in a political community, one that is personal and more or less permanent, not temporary 3Salonga, P< !6 +he bond that unites individuals with a given state, that identifies them as members of that entity, that enables them to claim its protection, and that also sub)ects them to the performance of such duties as their state may impose on them. 35on 9lahn6 b. Citi*ens vs. -ationals Citizens $ limited to those who are endo ed it! political and civil rig!ts in the body politic of a State "ationals # includes citi*ens as well as persons who, not being citi*ens, owe permanent allegiance to the State and are entitled to its protection. c. mportance of -ationality in nternational !aw Determines whether a State can underta1e diplomatic protection 3to demand reparations from another State for the harm done to an individual6 -ottebohm Case "ay allow a State to claim legislative and )udicial )urisdiction over an individual even outside its territory 38>traterritorial sovereignty6 d. Determining -ationality State rights vis$J$vis determination of nationality 35on 9lahn6 !iberty to determine who are and who are not its nationals !iberty to set conditions for the conferment of nationality !iberty to set conditions and means for its deprivation. !imitations on the State;s power over its nationals 3-ationality Decrees ssued in +unis and "orocco, Advisory ,pinion6 :niversal Declaration of .uman <ights/ +hat &GnHo one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. nternational Covenant on Civil and Political <ights/ +hat every

b.

=urisdiction of the Court ,ver whom ,ver contentious cases between states, based on consent of the parties 3Article 'A3#6 +he )urisdiction of the Court to hear and decide the merits of the case depends on the will of the parties 3Anglo$ ranian ,il Case6 Who determines e>istence of )urisdiction +he court has )urisdiction to determine it own competence 3competence de la competence6 n the event of a dispute as to whether the Court has )urisdiction, the matter shall be settled by the decision of the Court 3-ottebohm Case6 ,ver what sub)ect matter ,ver all matters specially provided for in the Charter of the :nited -ations GArticle 'C3#6H ,ver all legal disputes referred to the Court on recommendation of the :nited -ations GArticle 'C3'6H Compulsory )urisdiction of the court, where the legal dispute concerns GArticle 'C 3%6H i nterpretation of a treaty ii Muestion of international law iii 8>istence of facts, which if established, constitutes a breach of an international obligation iv -ature or e>tent of reparation to be made for the breach of an international obligation Applicable !aw/ +he court is to decide in accordance with international law such disputes as are submitted to it 3Article '?6 Advisory ,pinions "ay be given by the Court on any legal 2uestion at the re2uest of whatever body may be authori*ed by pr in accordance with the Charter of the :- to ma1e the re2uest. GArticle CB3#6H. "ay be re2uested by both the 9eneral Assembly and the Security Council 3Article DC6 :ses Assist political organs in settling disputes Provide authoritative guidance on points of law arising from the functions of organs and speciali*ed agencies

c.

d.

D. +he ndividual #.Preliminary Points

227
child shall have the right to ac2uire nationality. -ottebohm Case A grant of nationality may be recogni*ed as valid yet be deemed to be ineffective in an international forum. +he Court ac1nowledged !iechtensteinIs power to decide -ottebohmIs nationality under its domestic law, but noted that not all acts in domestic law are given binding effect as against other States, particularly in an international tribunal international law <e2uisites to use this as a defense against a state;s claim for diplomatic protection i +here must be a claim by a state before an international tribunal ii +he claim is for harm done to its citi*en iii But the citi*en failed to e>haust the remedies available to him in his domestic state in order to obtain redress for the violation. iv Provided such there are indeed effective remedies available within its )urisdiction. B.8>tradition a. Definition +he surrender of an individual accused or convicted of a crime by a State within whose territory he is found and his delivery to the state where he allegedly committed crime or was convicted of a crime. 3"agallona6 b. -ature Characteri*ed as a sui generis process. -ot a criminal proceeding -ot purely an e>ercise of ministerial functions c. 8>tradition as practiced :nder Philippine law 3"agallona6 Done only pursuant to a treaty and convention With a view to criminal investigation or e>ecution of a prison sentence :nder international law -o duty to e>tradite e>cept pursuant to treaty n the absence of a treaty, e>tradition would have to be sub)ect to negotiation, sub)ect to the consent of the e>traditing state d. <e2uirements for 8>tradition +he re2uesting State must specify the crime under the e>tradition treaty for which the fugitive or accused is sought 3specialty principle6 +he fugitive is to be tried only for the offense specified in the treaty Double criminality ( that the offense for which one is to be e>tradited is also punishable in the re2uested state e. 8>ceptions to 8>tradition 3When a State may refuse to e>tradite6 +he Political ,ffense 8>ception When the person is charged with a political offense that is, an act directed against a security of a state. <e2uisites of a political offense i An overt act ii Done in support of a political rising iii Which rising being connected with a dispute or struggle between two groups in a state as to who would control the government

ii

A.Protection of Aliens a. Basic Points in nternational !aw States are obliged to underta1e the protection of foreign nationals in their territory from in)ury or loss, particularly as a conse2uence of unlawful acts 3Barcelona +raction, !ight and Power Co.6 States are bound to protect foreign nationals from the illegal acts of their own public officials 3-oyes Claim6 b. Ways by which a state violates its duty to protect foreign nationals When the state itself or its organs or officers, under the color of authority, violate the rights of aliens, where officers act in their official capacity, since such acts are directly imputable to the state that employed them. 3Caire claim6 When it fails to e>ercise due diligence to prevent in)ury or conse2uent damage from being inflicted on aliens by state officers and individuals When it fails to underta1e diligent efforts to prosecute and punish the miscreants who violated the rights of aliens and inflicted harm upon them. c. "inimum Standard in the +reatment of Aliens "ational standard$ By which States are re2uired to treat foreigners in the same way that it treats its citi*ens. %nternational standard/ By which States should treat foreigners with a minimum standard of care set by international law, independently of how it treats its own citi*enry. 3-eer Claim6 d. Doctrine of Diplomatic Protection +hat the State comes before the tribunal to as1 relief for the violation of the rights of t!e State through the harm done to its citi*ens, and the tribunal would award damages to t!e State. 3,ppenheim6 8>haustion of local remedies 38!S Case6 A re2uirement of diplomatic protection <ecogni*ed as a general principle of

228
i When the Political ,ffense 8>ception is not applicable Persons accused of offenses that are considered to be crimes against international la must nonetheless be e>tradited, unless they can be effectively prosecuted in the state with custody 3Bassiouni6 Attentat clauses $ provisions in the e>tradition treaty that stipulate that an attempt against or ta1ing of the life of a head of state or a member of hisFher family does not constitute a political offense and is e>traditable +he -ationality 8>ception States may refuse to e>tradite persons when they are nationals of the re2uested state. Doctrine of reciprocity/ f a re2uesting State has, in the past, shown willingness to surrender its own citi*ens, then the detaining state is normally willing to e>tradite its own citi*ens, e>cept when its Constitution forbids the surrender of its citi*ens. '.Prescriptive 3the power to prescribe rules6 vs. 8nforcement )urisdiction 3the power to enforce them6 3.arris6 C. 7unction/ +o identify the persons and property within the permissible range of a stateIs law and its procedures for enforcing that law.

ii

C. nternational Criminal !aw a. -uremberg +ribunal/ ,n the 2uestion of individual responsibility +hat international law imposes liabilities and duties upon individuals as upon states has long been recogni*ed Crimes within the )urisdiction of the tribunal Crimes against peace War crimes Crimes against humanity b. #DAD 9eneva Convention Provided for individual responsibility for serious breaches of obligations therein provided Provided for a duty by a Contracting State to search for persons alleged to have committed the grave breach and the prosecute them before their own courts, or to hand them over to another State capable of so prosecuting the offender 3aut dedere, aut judicare6.

D. Bases of =urisdiction 3usually applicable for criminal )urisdiction6 Brownlie #.+erritoriality principle, by which )urisdiction is determined by reference to the place where the crime is committed %.-ationality principle/ +he court has )urisdiction if offender is a national of the forum state '.Protective principle, by which a court is vested with )urisdiction if a national interest is in)ured A.:niversality principle, by which )urisdiction is established if the accused is in the custody of the forum state, 3applicable to, for instance, piracy and hi)ac1ing6 B.Passive personality principle, by which a court has )urisdiction if the victim of the forum state 8. +he !imits of Competence/ Areas of 8>ception to a State;s 8>ercise of =urisdiction #.Doctrine of State immunity a. Definition F -ature +hat &domestic courts must decline to hear cases against foreign sovereigns out of deference to their roles as sovereigns 7ounded on the sovereign e2uality of states b. +wo ways of applying the doctrine Absolute sovereign immunity/ A state is absolutely immune and cannot be sued in a foreign court no matter what act it is sued for <estrictive sovereign immunity/ A State is immune from suits involving governmental actions 3)ure imperii6, but not for those arising from purely commercial or non$governmental activity 3)ure gestionis6 c. Philippine rules on state mmunity 8ven contracts may be covered by the immunity if they were entered into pursuant to a governmental purpose such as the establishment of an embassy 3.oly See vs. <osario6 State officers may be immune if they are sued as State officers provided that they acted within their authority 37este)o vs. 7ernando6 +est for applicability Whether, assuming the public officer is found liable, enforcement of the decision will re2uire an affirmative act on the part of the State f yes, the act in 2uestion would be

V. A.

$urisdiction and I%%unities Definition #.Particular aspects of the general legal competence of states called sovereignty %.<efers to legislative, )udicial, and administrative competence 3Brownlie6 '.Power of a state under international law to govern persons and property by its municipal law 3.arris6 7orms of =urisdiction #.Criminal or civil %.8>clusive or concurrent with other states

B.

229
covered by State immunity %.Diplomatic immunities and privileges VI. A. International Responsi"ilit& State <esponsibility as a Principle of !aw #."andates that when a state breaches its obligation to another state, international responsibility is established between them %.8very internationally wrongful act of a State entails the international responsibility of that State Whether it is wrongful or not depends on international law, and its wrongfulness is not affected by a contrary characteri*ation in domestic law. 3Article on State <esponsibility, Article '6 State responsibility vs. breach vs. liability to ma1e reparations #.Breach is what gives rise to state responsibility %.!iability to ma1e reparation is the consequence of the state responsibility +he <e2uisites of State <esponsibility/ the Breach 3AS<, Article %6 #.+hat there is conduct consisting of an action or omission %.+hat such conduct is attributable to the State under international law '.+hat it constitutes a breach of an international obligation of the State a.+he state must have been bound by an obligation at the time of the breach b.+he breach need not constitute an illegal act so long as the act not be in conformity with its international obligations 3AS<, Art. #%6 individuals not employed by the state or from the activities of licensees or trespassers on its territory When a state engages in lawful activities, in which case responsibility may result from culpa in e>ecuting these lawful activities When determining the amount of the damages When due diligence or liability for culpa is stipulated in a treaty '. ntent and "otive, when relevant a. Proof of dolus on the part of leading state organs will solve the problem of imputability in particular cases. b. +he e>istence of a deliberate intent to in)ure Nmay have an effect on the remoteness of the damageO and may help to establish the breach of duty. c. "otive and intent may be a specific element in defining permitted conduct t was formerly the rule that e>propriation of foreign property is unlawful if the ob)ect is political reprisal or retaliation Action supposedly done in self defense may become unlawful if the purpose is, for instance, to use the action for purposes of effecting con2uest. A.+he Standard of Diligence a. <elevant where the conduct of individual State officials, rather than state organs, is concerned, state responsibility arises if the state Nfailed to e>ercise the due diligence which could reasonably have prevented such conduct 3.iggins6 b. Due diligence standard ,b)ective view/ +hat the State;s ability to fulfill is irrelevant <elativist view/ +hat the State must possess an ability to fulfill its obligations 3+ehran .ostages Case6

B.

C.

D. ,ther ssues on State <esponsibility #.+he -ecessity of 7ault or "alice a. Whether fault or malice is necessary for state responsibility to be incurred is debatable b. +heory states the state responsibility is based on the presence of culpa or dolus malus c. Corfu Channel Case +he court merely said that the StateIs 1nowledge is a precondition for the obligation to arise t did not, however, mean that Corfu Channel espouses culpa as the test of state responsibility. 3Brownlie6 d. +heory of objective &or strict' liability States that fault is not necessary for state responsibility to be incurred <e2uisites 3Brownlie6 Agency Causal connection between the breach and the act or omission imputable to the State %.Culpa, when relevant When the breach results from acts of

VII. I%puta"ilit&' Responsi"ilit& A.

Re(uisites

of

B.

7orms of State !iability 3,ppenheim6 #.Direct liability a. A state is in direct breach of its international obligations b. i.e. 7or the acts of state organs in their official capacity %.5icariously liability a. +he state &is at one remove& from the in)urious conduct/ it becomes liable for being negligent in preventing or punishing the act, and not for the act itself. b. i.e. 7or the acts of private individuals when the state is negligent in preventing or punishing them mputability Doctrine/ +hat a State is only responsible for its own acts or omissions

230
#.A State is generally responsible for the acts of state organs and officials because these are agents of the State %.A State is directly responsible for acts of private individuals only when they act as its agents. '.When private individuals are not acting as State agents, a State is responsible not for their acts directly, but for the StateIs own negligence in not trying to stop the acts of the erring individuals. A.When they are not agents, and the State has no negligence, then the State has no act or omission for which to be responsible. C. State organs and officers #.+he conduct of a State organ is considered to be the act of that State GAS<, Article A3#6H a. Whatever the function of that organ b. Whatever position it holds in the organi*ation of the State, whether or low or high ran1 3<ainbow Warrior Arbitration6 c. Whether it is the organ of the central government or a local unit of the State d. When done with apparent aut!ority or in t!eir official capacity 3Caire Claim6 e. +hough the acts are beyond their authority or contravene superior orders 3AS<, Art.46 %.An organ is any person or entity that is considered an organ of the State under its domestic law GAS<, Article A3%6H '.,ther issues a. Personal acts of State officers When the standard of conduct re2uired is very high, no distinction between personal acts 3those not done in official capacity6 and acts within apparent authority, and the State will be liable 8>ample/ 5ery strict accountability for their misconduct of soldiers as great prudence is re2uired for their control and discipline b. Control What matters is the amount of control which should have been e>ercised in the particular circumstances, not the amount of actual control c. Particular State officers and organs (!e )egislature, when responsibility arises from their acts 7rom the damage that results from a legislative act or omission 7rom the act or omission itself (!e Courts, when responsibility for their acts arises When the decision of the court constitutes a denial of )ustice When the court fails to enforce a treaty to which the State is bound D. Acts of Private ndividuals 9eneral <ule/ A state is generally not responsible for the acts of individuals 8>ceptions/ When there Adoption <ule A State adopts the acts of individuals as its own, and thus becomes responsible for their internationally wrongful acts 3AS<, Article ##6 <e2uisites 3.iggins6 +he State encourages these acts +he individuals effectively act as agents in performing the offending acts +he State endorses as its own the acts of the individuals. "egligence 8ven without adoption, a State may be indirectly liable for the acts of private individuals when it has an international obligation to e>ert efforts to prevent the internationally wrongful acts, or to prosecute the miscreants, and the State maliciously or negligently fails to do so. +est/ *!et!er due diligence as e+ercised to prevent harm to foreigners and foreign interests Acts of ,ther States #.Dependent States a.Where the dependent state is so controlled that it cannot be deemed as retaining separate international personality, the dominant state is responsible for its acts b.Where the dependent state retains enough legal powers to maintain a separate personality and still conducts its own foreign relations, whether the dominant state will be responsible for the dependent state;s actions depend on the circumstances. %.=oint +ortfeasors a.When two states )ointly commit an international wrong b.+hough solidary liability should e>ist in principle, there is little practice thereon. c. "auru v, Australia Where -auru filed a claim against Australia for e>ploiting the former;s phosphate resources Court held that, even though it was possible that Australia, :@, and -ew Lealand had solidary liability, a claim made against )ust one of them was admissible. VIII. Conse(uences Responsi"ilit& A. of State

9eneral Conse2uences of the State responsible for an internationally wrongful act 3AS<, Article 'E6 #.Cease the wrongful act, should it be continuing %.9ive suitable reassurances that it will

231
B. not be repeated Standing to Sue for State <esponsibility #.South West Africa cases/ A State cannot sue on a particular right or interest unless that right or interest was vested in that State by some instrument, or some rule of law 3legal standing6 %.Barcelona Case and 8ast +imor case/ All states may have standing to invo1e liability for the violation of erga omnes obligations '.But erga omnes standing did not ta1e away the )urisdictional re2uirements for the Court to act, particularly the re2uirement that States must consent to the e>ercise of )urisdiction by a Court before the Court may have competence to )udge their dispute. <eliefs Available Where a State is !iable for an nternationally Wrongful Act #.Declaratory <elief a. -ature/ A declaration by a court that as to the illegality of an act constitutes a measure of satisfaction 3or reparation in the broad sense6 3Brownlie6 b. When available When this is, or the parties deem this to be, the proper way to deal with a dispute When the ob)ect Nis not to give satisfaction for the wrong received %.Satisfaction a. -ature/ A measure other than restitution or compensation which an offending state is bound to ta1e b. ,b)ects/ often cumulative Apology and other ac1nowledgment of wrongdoing Punishment of individuals concerned +a1ing of measures to prevent a recurrence of the wrong c. Pecuniary Satisfaction vs. Compensation Pecuniary satisfaction is meant to be a to1en of regret and ac1nowledgement of wrongdoing 3a monetary &sorry&6 Compensation is intended to ma1e up for or repair the damage done '.<estitution a. -ature/ nvolves wiping out all the conse2uences of the breach and re$ establishing the situation which would probably have e>isted had the act not been committed. b. 7orms !egal restitution/ Declaration that an offending treaty, law, e>ecutive act, or other, is invalid Specific <estitution/ <estitution in 1ind or payment of a sum corresponding to the value of the restitution, and the award for losses sustained which would not be covered by the first two 3Chor*ow 7actory Case6 c. Chor*ow 7actory Case 3=udgment -o. #'6 Any breach of an engagement involves an obligation to ma1e reparation. <eparation of a wrong may consist in an indemnity corresponding to the damage which the nationals of the in)ured State have suffered as a result of the act. A.Compensation a. -ature/ Payment of money as a valuation of the wrong done b. Chor*ow Case/ Amount of the compensation must correspond to +he value which a restitution in 1ind would bear +he award of damages for loss sustained which would not be covered by restitution in 1ind or payment in place of it D. Circumstances precluding wrongfulness 3When a state may escape liability6 AS< %E, %#, %%, %' %A, %C, #. f the wronged State consented to the offender StateIs act %. f the offender StateIs act was done in self$ defense '. f it constitutes a countermeasure ta1en against the wronged State A. f it was done in compliance with the offender StateIs obligations under a peremptory norm B. f the author of the wrongful act has no other reasonable way, in a situation of distress, to save his life or the life of a person entrusted to his case, unless the State caused the distress or the act in 2uestion will cause a greater peril C. f the act was done due to force ma)eure 4. f its act was done in due to a state of necessity AS< Art. %B a. Act was the only way to safeguard an essential interest from a grave and imminent peril AS< Art. %B b. Act must not seriously impair an essential interest of the State or States to which the obligation breached is owed, or of the international community as a whole c. +he e>istence and imminence of such a peril must be duly

C.

232
d. established +he means employed to avert the purported peril must be such as are absolutely necessary to avert the alleged danger +he obligation violated must not e>clude the possibility of e>cluding necessity nternal waters may be governed by such treaties as those governing some navigable 8uropean rivers. A.States in practice e>ercise no control over internal matters, e>cept a. When an offense on a ship affect the peace or good order of the coastal state b. When intervention is re2uested c. When a non crew member is involved. B.Cases a. "ilitary and Paramilitary Activities n and Against -icaragua b. Saudi Arabia vs. Arabian American ,il Company +erritorial Sea #.Waters that stretch up to #% miles from the baseline on the seaward direction %.Sub)ect to the )urisdiction of the coastal state '.-ature of )urisdiction over territorial waters/ Appro>imates that which is e>ercised over land territory, e>cept that the coastal state must respect the rights to a. nnocent passage/ navigation through
the territorial sea without entering internal waters, going to internal waters, or coming from internal waters and ma1ing for the high seas t must involve only acts that are re2uired by navigation or by distress t must not pre)udice the peace, security, or good order of the coastal state +ransit passage 3discussed under straits6

c.

e.

I). A.

T*e Law of t*e Sea Preliminary Points #.+he legal regime of the seas depends on whether the waters in 2uestion are part of the territorial waters, the contiguous waters, etc. %.A 1ey step is the drawing of baselines on which the e>tent of such waters are based. a. Baselines, defined -ormal baselines, when coast is straight/ +he low water line along the coast as mar1ed on large$ scale charts officially recogni*ed by the coastal state When a coast is &deeply indented or cut into, or if there is a fringe of islands along the coast in its immediate vicinity/ straight baselines drawn by connecting the seaward most low water points of the coastlines or of the island fringe b. !imitations on use of the staright baselines 3August6 <e2uired that the straight baselines must not appreciably depart from the direction of the coast <e2uired that the sea areas within the baselines be sufficiently close to the land to be covered by the regime of internal waters <e2uired that the straight baselines not be drawn by a State in such a manner that it would cutoff another stateIs territorial sea from the high seas or an e>clusive economic *one nternal Waters #.-ature a. +hose waters on the inland side of the baselines b. nclude ports, harbors, rivers, la1es, canals, and navigable waterways %.+reated as part of a StateIs land territory, and is sub)ect to the full e>ercise of sovereignty '.!imitations on sovereignty over internal waters a. Ships in distress have the right to enter foreign ports to avoid danger b. States may enter into 7riendship, Commerce, and -avigation treaties that allow access to their ports

C.

b.

B.

D. Straits #.<egime of transit passage/ Applies to straits used for international navigation from the high seas or 88L to another part of the high seas or the 88L. %. (ransit passage/ the freedom of navigation or overflight for the purpose of e>peditious or continuous passage from high seas or 88L to high seas or 88L. '.Case/ Corfu Channel Case 8. Archipelagos F Archipelagic Waters #.Archipelagic states a. +hose that are made up of a group of islands b. 8>amples/ Philippines and ndonesia c. Such states are allowed to draw straight baselines around their outermost islands %.Archipelagic waters a. Waters inside the lines drawn by archipelagic states b. +he State has full sovereignty over these waters, save that it must provide for archipelagic sea lanes and air routes through them. 7. +he Contiguous Lone #.+he waters of this *one may stretch up to %A miles from the baselines %.+he coastal State may e>ercise the control

233
necessary to prevent or punish infringement of its fiscal, customs, immigration or sanitary laws within territorial waters 9. +he Continental Shelf #.Consists of the seabed and subsoil of the submarine areas that e>tend beyond a coastal stateIs territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin %.8>tent of claimable continental shelf a. f the shelf does not e>tend beyond
b. %EE miles/ up to %EE miles outward f it e>tends beyond this/ State may claim a larger area, but no more than 'BE miles from its baselines

'.+he State has sovereign rights to e>plore and e>ploit the natural resources of the shelf A.+he regime of the shelf does not affect the regime of the waters and airspace above it .. +he 8>clusive 8conomic Lone #."ay stretch up to %EE miles from its baselines %.<ights of a State within its 88L/ <egulate nonliving and living resources, other economic resources, artificial installations, scientific research, and pollution control . Delimitation of "aritime Boundaries #."aritime Delimitation Between 9uinea$Bissau and Senegal =. +he .igh Seas #.Customary regime of freedom of the high seas/ -early complete freedom of action in the high seas for the vessels of all states %.8>ceptions a. .ot pursuit, where a ship that violates

b.

a coastal StateIs laws in its territorial waters or other ocean *ones is chased by the StateIs warships or military aircraft <ight of visit, by which a warship or military aircraft may approach and board a ship when there are reasonable grounds to suspect that the ship is engaged in piracy, slave trade, etc.