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    ARELLANO Public International Law

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    Gerard Lee
    The document covers many topics in public international law including immunity from jurisdiction, diplomatic and consular relations, state responsibility, human rights law, peaceful settlement of disputes, use of force, international humanitarian law, international environmental law, and international economic law. Numerous international agreements and cases are referenced throughout.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    ARELLANO Public International Law

    Uploaded by

    Gerard Lee
    97 views13 pages
    The document covers many topics in public international law including immunity from jurisdiction, diplomatic and consular relations, state responsibility, human rights law, peaceful settlement of disputes, use of force, international humanitarian law, international environmental law, and international economic law. Numerous international agreements and cases are referenced throughout.

    Original Title

    ARELLANO-Public-International-Law

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    The document covers many topics in public international law including immunity from jurisdiction, diplomatic and consular relations, state responsibility, human rights law, peaceful settlement of disputes, use of force, international humanitarian law, international environmental law, and international economic law. Numerous international agreements and cases are referenced throughout.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    97 views13 pages

    ARELLANO Public International Law

    Uploaded by

    Gerard Lee
    The document covers many topics in public international law including immunity from jurisdiction, diplomatic and consular relations, state responsibility, human rights law, peaceful settlement of disputes, use of force, international humanitarian law, international environmental law, and international economic law. Numerous international agreements and cases are referenced throughout.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 13

    Public

    International Law
    •  Immunity from Jurisdiction
    •  Sovereign immunity; immunity of representative of state
    •  State Immunity
    •  Principle of Equality of States
    •  Jure Imperii / Jure gestionis
    •  Diplomatic and consular immunities; purposes
    •  Diplomatic Missions
    •  Read Vienna Convention on Diplomatic Relations (1961)
    •  Rights and privileges of Diplomatic Missions
    •  Cases : Sanders v Veridiano ; USA v Ruiz; JUSMAG v NLRC ;
    •  Syquia v Almeda Lopez ; Shauf v CA ; US v Reyes ; Wylie v Rarang
    Public International Law

    •  Immunity from Jurisdiction cont’d


    •  Consul and Consular Missions
    •  Read Vienna Convention on Consular Relations (1967)
    •  1. Freedom of movement; 2. Freedom of
    Communication; 3. Personal inviolability; 4. Immunity
    from jurisdiction; 5. Liability to give evidence; 6.
    Waiver of immunity
    •  Act of State Doctrine – Every sovereign state is bound
    to respect the independence of other state, and the
    courts of one country will not sit in judgment on the
    acts of the government of another, done within its
    own territory.
    •  Cases : Reyes v Bagatsing 125 SCRA 553
    Public International Law
    State Responsibility

    •  Doctrines on the Protection of aliens/individuals / states’ responsibility


    for injuries inflicted on individuals

    •  Doctrine of national treatment or equality of treatment


    •  Minimum international standard ; denial of justice

    •  Doctrine of State Responsibility – when injury is inflicted, State is


    responsible?
    •  Internationally Wrongful act – defined in Art 2 of 2001 Draft of
    International Law Commission; elements (subjective and objective)
    •  Attribution- acts of state organs, other persons, revolutionaries
    • 
    •  Preliminary Objections
    •  Reparation
    •  Expropriation of Alien Property

    Public International Law
    –  International Human rights Law

    –  Human Rights – defined


    –  3 Generations of Human rights
    –  Un Charter
    –  Universal Declaration of Human rights Dec 10, 1948
    –  International Covenant on Civil and Political Rights, Dec 16,
    1966
    –  International Covenant on Economic, Social and Cultural Rights
    Dec 16, 1966 (social welfare rights) Principle of Progressive
    Realization
    –  Optional Protocol to the Covenant on Civil and Political Rights
    Dec 16, 1966 (for private parties victims of HR violations)
    –  Other Conventions/ Customary human rights law

    –  Cases : Borovsky v Commissioner; Reyes v Bagatsing; Andreu v


    Commissioner; PAFLU v Sec of Labor; Mejoff v Director
    Public International Law

    •  Distinguish Declaration from Covenant


    –  Minorities’ rights
    –  Right of Self determination of peoples (internal- external

    –  Implementation of Human Rights Law


    •  1. Each state has obligation
    •  UN system of implementation
    –  - 1503 Procedure or confidential procedure
    –  1253 Procedure
    – International Criminal Court - 1998 Rome Statute
    »  - Objective
    »  Jurisdiction over what crimes?
    »  Principle of complementarity
    Public International Law
    •  Peaceful Settlement of International
    Disputes
    •  UN Charter Art 2
    •  Dispute – define
    •  Peaceful methods
    –  - Non-judicial ; Quasi Judicial ; Judicial
    –  - Diplomatic ; Judicial
    •  International Court of Justice – Statute of ICJ
    •  - Cardinal rule ; Composition
    Contentious Jurisdiction
    •  Provisional Measures
    •  Intervention
    Public International Law

    International Court of Justice cont’d

    •  Obligation to comply with Decisions


    •  Advisory jurisdiction
    •  Forum Prorogatum
    •  Reservation to acceptance of jurisdiction – 4 types

    International Tribunal on the Law of the Sea


    •  Jurisdiction
    •  Compulsory Procedure

    Public International Law
    •  The Use of Force short of War (UN Charter Art 2(4)
    •  Prohibition of use of force
    - against territorial integrity
    - against political independence
    Method of Self protection 0r Self Help

    •  Prohibition on threat of force
    Read Legality of the Threat or Use of Nuclear Weapons (ICJ
    Rep)
    Right of self defense; anticipatory self defense
    Allowable coercive measures
    –  - 1. Retorsion; 2. Reprisal; 3. Embargo; 4. Boycott; 5. Non-
    intercourse; 6. Pacific blockade
    Humanitarian intervention
    Public International Law
    •  The Law of War (International Humanitarian
    Law)
    –  Humanize the conduct of war

    •  The Law of the Hague on land and naval warfare
    •  The Geneva Conventions of 1949
    –  1. Wounded and Sick in the field
    –  2. Wounded, Sick and Shipwrecked at Sea
    –  3. Prisoners of War
    –  4. Civilians
    –  Commencement and Termination of Hostilities
    –  Protocol I to 1949 Geneva Convention
    •  - new category of international armed conflict – combatants
    • 
    Public International Law

    •  Methods of Warfare ; Jus in Bello


    –  - Soldier’s rules
    –  - Fundamental rules applicable to armed conflict
    •  - Hors de combat
    •  Rules for Non-International Armed Conflicts
    •  Neutrality
    •  Non-International Conflicts – 1. Civil wars; 2 Common
    Article 3
    •  Protocol II – 1977 to the 1949 Geneva Conventions of 12
    Aug 1949
    – - Material Field of Application
    •  International Terrorism
    Public International Law
    •  International Environmental Law
    •  Environmental concerns
    •  Environmental rights
    •  Sustainable Development
    •  Principles
    - Stockholm Declaration of 1972
    - Rio Declaration 1992
    - Vienna Convention for Protection of Ozone Layer
    - UN Conference on Environment and Development
    - Kyoto Protocol
    - Convention on International Trade in Endangered Species

    •  -
    Public International Law

    •  International Economic Law


    •  Economic Institutions (Bretton Woods
    Conference 1944)
    –  - IMF – purpose
    –  - IBRD (WB) - purpose
    –  - ITO – GATT (GATS)- WTO – purpose
    –  Key Principles
    •  1. Agreed Tariff Levels; 2. Most favored nation principle ;
    3. Principle of national treatment; 4. Principle of
    tariffication
    Exceptions
    Dispute Resolution
    Expanding Scope
    Public International Law

    •  CASES
    –  Co Kim Cham v Tankeh
    –  Montebon v Director of Prisons
    –  Alcantara v Director of Prisons
    –  Etorma v Ravelo
    –  Heirs of Tugadi and Pajimola v MRR
    –  Noceda v Escobar
    –  Marubeni v Commission of Internal Revenue
    –  KLM Royal Dutch Airline v CA
    –  WHO v Aquino
    –  People’s Movement for Press Freedom v Manglapus
    –  Abbas v Comelec ; Gonzales v Hechanova
    –  Ichong v Hernandez
    –  Philip Morris v CA ; Mighty Corporation v Gallo Winery

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