EXAMS WILL BE THOSE DISCUSSED IN CLASS

Things to remember for Jamon:4 belligirency requirementsorganizedwidespreadrules of warwillingness

difference of belligerency and insurgency

political objectives -belligirentgovernment sits down and talks with the groupthey are considered as pow’s under international lawestablishes diplomatic tiesright to suerecognition validates earlier actions

lawless element no pol objective - insurgency

constitutive and declaratorygovernment must be able to control it’s territory and people. it must make the people comply with its laws

constitutive - if there is no recognition then there is no state

declaratory - it is not necessary for the state to be recognised by other states

stana doctrine: legitimacy is not an important concern. What is important is that the government is in control of its people.wilson doctrine/ tobar doctrine: there must be popular consent of its constituents

marcos: de sure governmentcory: de facto governent

5 consequences of recognition

Summarize Guaranty trust Company caseStatutory will not run until the notice is received

rsfr vs cibriano

an unrecognised party cannot sue or be sued

succession - even liabilities are also gained

TINOCO CASEentered into a contract, na expel hung leadernew govt bill of nullitiesthey were compelled to honour contractsthough de facto it was a govt that was able to control its peopleactions of tinoco should be bit actions should be respected by the succeeding officers

WEST RANDsucceeding govt may take benefits but must also assume the liabilities

only if all the other nation states have accepted such doctrineif majority of the civilised states abide the doctrine

ODIOUS DEBTS - inutang ng previous govt to finance its war against the succeeding govt. The succeeding govt is not required to pay such debts because it was gained against their favour.

ROBERT BROWNTORT LIABILITY - hindi pwede i assume ng succeeding governemntCONTRACTUAL LIABILITY - pwede! i assume ng gov t ang succeeding govt

if it it involves routine then the govt should assume the burden!

THE RIGHT OF EXISTENCE AND SELF PRESERVATION

CUBAN CRISIS

Jurisdiction of States:Dual citizens?Universality principle• genocide• crimes against humanity• war crimes• piracy

Doctrine of Sovereigntyimmunity

-Diplomatic Immunity

Right to innocent passagewhat is cabotage? right to transport in coastal waters, and air space

IF A PLACE IS UNINHABITED THEN INFREQUENT OCCUPATION OR ADMINISTRATION IS ENOUGH 

UNCLOS (MEANING)teritorry neutraldomain jurisdictionterritorialtaas aerialeto maritimeland >>>>internal water>>>>territorial sea(right of innocent passage) >>>>contiguous>>>>EEZ>>>>Continental Shelf>>>>high seas1involuntary entrance2. hot pursuit

"inchoate title” not perfected titleex. discovery ichoate  occupation ownership

french rulenot under jurisdiction of state unless it affects the territorial statebritish rulekapag pumasok na, under na nang jursidiction ng state

cabotage - transport of goods and passengers from one point to the other in a domestic territory. Usually granted to domestic airlines or vessels and seldom granted to foreign vessels or aircraft

Modes of acquiring territoryaccretion - gradual accumulation of territoryavulsion - sudden

Thalweg -  navigable portion of a river. example: middle of the river“historic waters” medyo nabago na ng UNCLOS; considered as internal waters by historic title

dereliction of territory

norman doctrine

EXTRADITION

extradition vs deportation

as a general rule:there must be an extradition treaty

LALABAS SA EXAMprinciples of specialty -must be strictly constructeda treaty is a mutual agreement between 2 countriesoffences must be listed for which a fugitive can be extradited when you nego for a signing of an extra treating the parties must understand the nature of the offenses that is understood in both jurisdictions

doctrine of double criminality - the offense should both be considered as a crime in both jurisdiction and carries atleast 1 year of punishment

EXEMPTED from extradition:crimes of conscience - you are prosecuted based on belief ex. political prisoners , religious

attentant clause ITATANONG murder of the head of state is never considered as a political offence

general rule: concept of double criminality - both states must consider the offence as a crime

discretionary unless there is treaty

requesting state must ensure that the offense must be criminal in nature and committed on the jurisdiction of the requesting state

procedure of extradition - it will usually take one year to extradite the fugitive - magkakaroon pa ng trial for due process.

IN RE CASIONI - POLITICAL OFFENSE - CANNOT BE EXTRADITED

IN RE MENUIER - ANARCHIST NO POLITICAL AGENDA - CAN BE EXTRADITED

As a general rule, there is no stateless persons

CALVO CLAUSE!Is the calvo clause legal?

INTERNATIONAL AGREEMENTSTREATY- it is a meeting of the minds of the parties w/ the objective of establishing obligations, rights, and benefits. You assume that the parties representing has an authority to do so

general

Executive agreement - edca - is it a treaty or and executive order?

edca is a mere implementing agreement of the previous us rtreatment

to avoid ratification dawedca is

executive agreement - merely provides for the details and general principles contained in the treaty

protocol - agreement which supplements the treaty

convention  providing for the details

ratification - also known as concurrence

pasta sun servanda-inured party 

rebus sic santimus-things remaining as they are-justify a negotiation on the change-the negotiation of the treaty may no longer apply based on the change of the context 

in good faith you comply with the agreement

Principle of alternatit is an arrangement under which each negotiator is allowed to sign first to bring back a copy which he will bring home

nicaragua vs icjsandanista=communistasomosa=capitalista

won tama ba ginagawa ng us?hindi raw 

monroe doctrine - lahat latin americans US ang may hawakus is obliged to help daw

bayan vs zamoraVFAus should also treat the agreement as a treatyphilippines treat it as a treatyus treated it as a mere agreement

WON us will commit to their obligations

Pimentel vs executive secretaryinterntional criminal court

NEUTRALITY VS NEUTRALIZATIONneutrality - only exists during time of warneutralization - exists in time of peace and war.

TIPS!!!Concepts and doctrines!1. basic definitions and conceptssoft law vs hard law

international treatmentwhat is custom?clear and continuous hobbies

Sourcestreaties customsgeneral principles of lawjudicial decisionswritings of publicist

Definition OF PIL!!!

Lex posterior derogat priori - real between international law and local law. Which amends what. oil has equal footing with local law.

What is a lateral treaty? recognises vatican as a nation state

tobar or wilson doctrine? no state when it comes out of a coup

strada doctrine? a recognition of state of whatever staus it may be

recognitionretroactivity of recognition

RIGHTS

Sabatino amendment very important

succession of states 

what is state continuity vs state succession?what is effect of state succession?public properties by successionroutinely acts of administration are binding

state continuity

rights and duties of states LIMA!

doctrine of sovereign immunity sec 51 of UN charter

when is self defense alloweD?

Plano doctrine vs porter resolution

prevents any state for using force unlike porter

Cabotage - transport of goods from one port to another in the same country. Usually given to local vessels

right to innocent passage - right allowed in territorial waters

territorial waters?hot pursuit?

ex territoriality vs extraterritoriality?

what is involuntary entrance?

jurisdiction of stateshalos pareho sa territoriality

state imputability1. CALVO CLAUSE2. INTERNATIONAL DELINQUENCY3. INTERNATIONAL STANDARD OF JUSTICE

Extradition

what is extradition?what is attendant clause?principle of double criminality?what is the principle of specialty?

International agreementspasta sun surged vs rebusicprinciple of alternat?

what is reservation in international agreements?

NEUTRALITYRight of anganidoctrine of ultimate destination

neutrality vs neutralization?