UPDATED COURSE OUTLINE

PUBLIC INTERNATIONAL LAW

January 14, 2021

Prof. Mauricio C. Ulep

UE College of Law

A. General Principles

1. Legal Basis

a. Art. II, Sec. 2 (Incorporation Clause), 1987 Constitution

Pharmaceutical and Health Care Association of the Philippines v.

Duque III, 535 SCRA 265

b. Art. VIII, Sec. 21 (Treaty Ratification Clause)

c. Art. VIII, Sections 4(2) and 5 (2) (a), 1987 Constitution

2. Sources of International Law

a. The 1987 Constitution

- Mijares v. Ranada, 455 SCRA 397

a.1 Doctrine of Processual Presumption or Presumed Identity Approach

EDI-Staffbuilders International, Inc. v. National Labor Relations

Commission, 537 SCRA 411

Orion Savings Bank v. Suzuki, 740 SCRA 347

Del Socorro v. Van Wilsen, 744 SCRA 516

Continental Micronesia, Inc. v. Basso, 771 SCRA 331

Sarto v. People, 856 SCRA 548

Republic v. Cote, 859 SCRA 98

Kuroda v. Jalandoni, G.R. No. L-2662, March 26, 1949

b. Art. 38, Statute of the International Court of Justice (Primary

Source)

b.1 International conventions or treaties

b.2 International custom as evidence of a general practice accepted as law

b.3 General principles of law recognized by civilized nations

b.4 judicial decisions and teachings of most highly qualified publicists

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 However, under Art. 59 of the ICJ, decisions have binding force only on
the parties to the case

- Asaali v. Commissioner of Customs, 27 SCRA 312

- North Sea Continental Shelf Case, ICJ Reports, 1969
- Asylum Case, ICJ Reports, 1966
- Legality of the Use by a State of Nuclear Weapons, ICJ
Reports, 1996 in relation to The Treaty on the Non-Proliferation of
Nuclear Weapons
- Paquete Habana case, 175 U.S. 677 (1900)
- Preah Vihear Temple Case, ICJ Reports, 1962
- Right of Passage Case (Case concerning Right to Passage over Indian
Territory: Portugal v. India)
- Corfu Channel Case, ICJ Reports, 1949
- Barcelona Traction, Light and Power Co. Case, ICJ Reports, 1970

b.5 teachings of highly qualified publicists

3. International Law defined

4. Nature and Scope

5. International Law in relation to Municipal law

- Co Kim Chan v. Valdez Tan Keh, G.R. No. L-5, September 17,
1945

B. TREATIES

6. Definition and functions

7. Four requisites for a valid treaty

A. Treaties are subject to the separation of powers

a. The executive branch negotiates and SIGNS the Treaty

- Gonzales v. Hechanova, 9 SCRA 230

- Secretary of Justice v. Lantion, 322 SCRA 160. MR

Granted in 343 SCRA 377

- Government of the United States of America v. Purganan, 389 SCRA 623

- Cuevas v. Munoz, 348 SCRA 542

- Govt. of Hongkong Spl. Admin Region v. Olalia Jr. 521 SCRA 470

- Gov’t of Hongkong Special Administrative Region v. Munoz, 800 SCRA

467

- Gov’t of Hongkong Special Administrative Region v. Munoz, 844 SCRA

212

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 -
- Pimentel v. Office of the Executive Secretary, 462 SCRA 622

a.1 Procedure if there is no extradition treaty with a country and a Filipino

commits a crime and goes abroad

Suntay v. People, 101 Phil. 833

b. The legislative branch RATIFIES the treaty by 2/3 vote of

the Senate ( Art. VII, Sec. 21), 1987 Constitution

- Tolentino v. Secretary of Finance

- Bayan v. Zamora, 342 SCRA 449

B. A State is bound by a treaty only with its consent

- Bank of America, NT and SA v. American Realty Corporation,

321 SCRA 659

- Abbas v. COMELEC, 179 SCRA 287

- Saguisag v. Ochoa, Jr., 779 SCRA 241

Other case:

Sehwani, Incorporated v. In-N-Out Burger, Inc., 536 SCRA 225

C. Later-in-time rule. (Lex posterior derogat priori)

Secretary of Justice v. Lantion, supra.

D. Pacta Sunt Servanda.

- Tanada v. Angara, 272 SCRA 18

- DBM Procurement Service v. Kolonwel Trading, Inc. 524

SCRA 591

← - Land Bank of the Philippines v. Atlanta Industries, Inc., 729 SCRA 12

- CBK Power Company Limited v. Commissioner of Internal Revenue,

746 SCRA 93

← -Air Canada v. CIR, 778 SCRA 131

←
E. Two grounds for withdrawing from a Treaty

e.1 Rebus Sic Stantibus Doctrine

Santos III v. Northwest Orient Airlines, 210 SCRA 256

Osmena III v. Social Security System, 533 SCRA 313

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 Poon v. Prime Savings Bank, 793 SCRA 141

Requirements:

1. The circumstance was existing at the time of the conclusion of the

treaty;
2. It was not foreseen by the parties
3. Its existence constituted an essential basis of the consent of the
parties to be bound by the treaty
4. The effect of the change is “radically to transform the extent of
obligation still to be performed under the treaty.

EXCEPTIONS:

1. Treaty establishes a boundary

2. If the fundamental change results from a breach of the
treaty or of any other rule of international law by the party
invoking it.

e.2 Supervening impossibility of performance (Art. 61)

Requirement: Impossibility results from permanent

disappearance of an object indispensable for the execution of the treaty.

Exception: If the fundamental change results from a breach (of the

treaty or of any other rule of international law by the party invoking it.

F. Rules on Interpretation

(a) Object and Purpose rule. A treaty shall be interpreted

1. in good faith
2. according to the ordinary meaning to be given to the terms
3. in their context
4. in light of its object and purpose.

G. Definition and Nature of an Extradition Treaty

Government of Hongkong Special Administrative Region v. Munoz,

800 SCRA 467

Wright v. Court of Appeals, 235 SCRA 341

H. JUS COGENS. Peremptory norms of international law (Art. 53)

Jus Cogens, Defined. A norm accepted by the international community of States

as a whole as a norm from which no derogation is permitted. Example: prohibition
against torture, apartheid, punishment of piracy in the high seas.

Legal effect. If a treaty conflicts with a rule of jus cogens, that treaty is void.

1928 Pablo Najera case

Four criteria for a norm to be considered as Jus Cogens

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 Javellana v. Executive Secretary, 50 SCRA 30

Province of North Cotabato v. GRP Peace Panel on Ancestral Domain,

568 SCRA 402

List of Peremptory Norms.

I. Executive Agreements v. Treaties

The rule is that all treaties and internal agreements need the approval of 2/3 of
the Senate in order to bind the Republic (Art. VII, Sec. 21, 1987 Constitution)

a) No senate concurrence is needed in executive agreements.

Bayan Muna v. Romulo, infra.

Commissioner of Customs v. Eastern Sea Trading, 3 SCRA 351
Saguisag v. Ochoa, Jr., 779 SCRA 242 (re: EDCA), Motion for Reconsideration
denied in 798 SCRA 292
Mitsubishi Corporation-Manila Branch v. CIR, 825 SCRA 332

b) Effect of Executive Agreement

Suplico v. National Economic and Development Authority, 558 SCRA 329

I.1 Steps in the Treaty Making Process

Pimentel v. Office of the Executive Secretary, 462 SCRA 622

I.2 International Covenant on Civil and Political Rights

Laude v. Ginez-Jubalde, 775 SCRA 408 and its sequel in Roque, Jr. v.
Catapang, 818 SCRA 16
Wilson v. Ermita, 813 SCRA 203

I.3 Rape in relation to the RP-US Visiting Forces Agreement (VFA)

Nicolas v. Romulo, 578 SCRA 438

1.4 Diplomatic Exchange of Notes

Saguisag v. Ochoa, Jr., 798 SCRA 294

1.5 Other illustrative case:

USAFFE Veterans Assn. Inc. v. Treasurer of the Philippines, 18 SCRA 1091

J. Incorporation of treaty into the municipal law of a State

(a) A treaty is binding between sovereign states.

(b) The prevailing theory is that a treaty is automatically incorporated as part

Philippine law by virtue of the Incorporation Clause. Therefore, is can be
invoked by or against citizens directly in Philippine courts.

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 Cases:

La Chemiste Lacoste S.S. v. Fernandez, 129 SCRA 373

Dy v. Koninklijke Philips Electronics, N.V., 821 SCRA 241

Agustin v. Edu, 88 SCRA 195

Marcos v. Manglapus, 177 SCRA 669, MR denied in 178 SCRA 760.

Its final sequel is Ocampo v. Enriquez, 807 SCRA 223 (The Marcos Burial
case, 465 pages), MR denied in 835 SCRA 484

Simon, Jr. v. Commission on Human Rights, 229 SCRA 117

(c) Rule on Seafarers with International Collective Agreement

Mersk-Filipinos Crewing, Inc. v. Malicse, 845 SCRA 69

C. CUSTOMARY INTERNATIONAL LAW

1. The second source of rules of international law is international customs (Art. 38 ICJ
Statute).

2. Requisites:

a) State practice – actual conduct of states. (This is the objective

or material requirement)

Cf. Unduran v. Aberasturi, 823 SCRA 80

b) Opinio juris – the requirement that actual conduct be accompanied by a sense

to so act is a matter of obligation. (This is the subjective or psychological
requirement)

Case:

Dizon v. Commanding General, 81 Phil. 286

3. Same rule exist simultaneously as treaty law as custom law.

Case:

Kuroda v. Jalandoni, 83 Phil. 171

4. Application of the Incorporation Clause. International custom becomes binding on

the Philippines via the Incorporation clause.

Case:
Ichong v. Hernandez, 101 Phil. 1155

D. GENERAL PRINCIPLES OF LAW

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 Art. 38. General principles of law recognizes by civilized nations. It refers to rules
which have been “incubated” in municipal legal systems and have eventually been
recognized as authoritative. Examples: res judicata, nullum crimen sine lege.

E. TEACHINGS OF HIGHLY QUALIFIED PUBLICISTS

Writings of experts and jurisconsults as subsidiary means of determining rules.

This is similar to the way Philippine civil law cites Manresa, Sanchez Roman and
Scaevola as authoritative interpreters of the civil code.

Case:

Haw Pia v. China Banking, GR No. L-554, April 9, 1948

Important Doctrines in International Law:

The Drago Doctrine

The Estrada Doctrine

F. SUBJECTS OF INTERNATIONAL LAW

1. STATES:

The primary subject of international law. Traditional requirements are:

territory, people, sovereignty and government.

A. Classification of States
B. Independent States

a) Independent States
b) Composite States

1. Real Union
2. Federal Union
3. Conferederation
4. Personal Union
5. Incorporate Union

C. Neutralized States

1. Laws of Neutrality
2. Use of Neutral Territories, Facilities and Services
3. Relations of Belligerent States and Neutral States
4. Visit and Search
5. Blockade
6. Angary
7. Termination of Nuetrality

D. Dependent States

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E. Belligerent Communities

F. Colonies and Dependencies

G. Mandates and Trust Territories

H. Territory

1. Acquisition and Loss of Territory

2. Discovery and Occupation; Requisites
3. Prescription, Cession, Accretion and Subjugation

Thematic Lighthouses:

- Minquiers & Echeros Case, ICJ Reports, 1951

- Western Sahara Case, ICJ Reports, 1975

Territorial Sea:

- El Salvador v. Honduras with Nicaragua Intervening, ICJ Reports,

1962

The Continental Shelf:

- North Sea Continental Shelf Case, ICJ Reports, 1969

The Archipelago Doctrine

a. Treaty limits

Treaty of Paris, Art. III (December 10, 1898)

b. Method of determining baselines

R. A. 3046 dated June 17, 1961

R. A. 5446 dated Sept. 8, 1968

1. Other territories over which the Philippines has sovereignty or jurisdiction.

P.D. No. 1596 dated June 11, 1978

2. The territorial sea, the sea bed, the subsoil, the insular shelves and other
submarine areas.

3. Two Hundred-Mile Exclusive Economic Zone

P.D. No. 1599 dated June 11, 1978

U.N. Convention on the Law of the Sea (UNCLOS) dated April 30, 1982

4. Aerial Domain

5. The Issue on the West Philippine Sea (South China Sea) in relation to
China’s Nine-Dash Line and the Decision of the International Arbitral
Tribunal dated July 12, 2016

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 I. Recognition of States

1. Kinds and Objects of Recognition

2. Recognition of Governments
3. Effects of Recognition
4. Recognition of Belligerency and its Consequences
5. Who is a Third State

J. The Right of Existence and Self-Defense

1. Requisites
2. The Cuban Missile Crisis
3. The Balance of Power
4. What is Aggression

K. The Right of Independence

1. Ideal and Nature of Independence

2. The Principle of Intervention
3. The Drago Doctrine, supra.
4. The Estrada Doctrine, supra.

II. PEOPLES

All peoples have the right of self-determination. By virtue of that right, they freely
determine their political status and freely pursue their economic, social and cultural
development. (ICCPR)

Stateless Person defined

Kookooritchkin v. Solicitor General, 81 Phil. 435

III. SOVEREIGNTY

A. INTERNATIONAL ORGANIZATIONS AND THE PRINCIPLE OF SOVEREIGN

IMMUNITY

Baer v. Tizon, GR No. L-28363, May 15, 1974

Syquia v. Almeda Lopez, GR No. L-1648, August 17, 1949

Hilao v. Estate of Ferdinand Marcos (http://lawofwar.org/hilao%20V%)

USA v. Guinto, 182 SCRA 644

Liang v. People, 323 SCRA 692, MR denied in 355 SCRA 125

Wright v. Court of Appeals, 235 SCRA 341

Laureano v. Court of Appeals, 324 SCRA 414

American Airlines v. Court of Appeals, 327 SCRA 482

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 Int’l School Alliance of Educators v. Quisumbing, 333 SCRA 13

SBMA v. Univ. Int’l Group of Taiwan, 340 SCRA 359

Holy See v. Rosario, 238 SCRA 524

World Health Org. v. Aquino, 48 SCRA 242

ICMC v. Calleja, 190 SCRA 130

Lasco v. United Nations, 241 SCRA 681

DFA v. NLRC, 262 SCRA 38

M.H. Wylie v. Rarang, 209 SCRA 357

SEAFDEC v. Acosta, 226 SCRA 49

Collado v. IRRI, 244 SCRA 210

Sanders v. Veridiano II, 162 SCRA 88

JUSMAG v. NLRC, 239 SCRA 224

Reyes v. Bagatsing, 125 SCRA 553 (The Vienna Convention)

Minucher v. Court of Appeals, 214 SCRA 242. MR denied in 397 SCRA 244

Republic v. Sandiganbayan, 407 SCRA 10

Abaya v. Ebdane, Jr., 515 SCRA 720

Republic of Indonesia v. Vinzon, 405 SCRA 126

Heirs of Tugadi v. Manila Railroad Co. (PNR), 65 SCRA 593

Zalamea v. Court of Appeals, 228 SCRA 23

Philippine Aluminum Wheels, Inc. v. FASGI Enterprises, Inc., 342 SCRA 722
Lyons Inc. v. USA, 104 Phil. 593

Yamashita v. Styer, 75 Phil. 563

B. The Right of Legation

I. What is Agre’ment

I.1 What is a Consular commission

I.2 Define Consular premises

1. Agents of Diplomatic Intercourse

2. The Head of State
3. The Foreign Envoys

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 a. Consuls; Kinds and Grades

Define Charge d’affairs ad interim

b. Appointment and Functions

c. Immunities and Privileges
d. Termination of Consular Mission

4. Diplomatic Envoys and Appointments

5. Commencement of the Diplomatic Mission
6. Functions and Conduct of Diplomatic Mission
7. Termination of Diplomatic Mission
8. Diplomatic Negotiations

Akbayan Citizens Action Party (AKBAYAN) v. Aquino, 558 SCRA 468

9. Define Internationally Protected Person

10. Who is a Persona Non Grata
11. Define Special Mission

IV. THE UNITED NATIONS ORGANIZATION

A. The U.N. Charter

B. Purposes and Principles
C. Membership, Suspension and Expulsion
D. Withdrawal of Members
E. Different Organs of the United Nations Organization

1. The General Assembly

2. The Security Council
3. The Economic and Social Council
4. The Trusteeship Council
5. The International Court of Justice
6. The Secretariat

V. JUDICIAL SETTLEMENT OF INTERNATIONAL DISPUTES

THE INTERNATIONAL COURT OF JUSTICE (ICJ)

A. Dual role of the International Court of Justice

1. To settle legal disputes and

2. To give advisory opinions on legal questions

B. Two Kinds of Jurisdiction of the ICJ

1) ADVISORY JURISDICTION – to render Advisory Opinions on legal

questions presented to it by the General Assembly or any other international
organization (Art. 65)

Example: Legality of the Use of Nuclear Weapons, supra.

What is Non Ultra Petita Principle

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 2) CONTENTIOUS JURISDICTION – States can sue one another before the
ICJ

Illustration:

Interpretation of Peace Treaties with Bulgaria, Hungary and Romania (ICJ

Reports, 1950)

Legal Consequences of the Construction of a Wall in the Occupied

Palestianian Territory (ICJ Reports, 2004)

What is Dispositif

B. Ways to acquire jurisdiction over States:

1) Compromissory jurisdiction –

1.1 Both states voluntarily agree to submit to ICJ jurisdiction

1.2 Multilateral treaties contain a compromissory clause which says that

any dispute arising therefrom will be submitted by States-Parties to the
ICJ (Art. 36.1)

2) Compulsory jurisdiction – by giving consent in advance, called the Optional

Clause for Compulsory Jurisdiction (Art. 36.2)

Example: Nicaragua v. United States

3) Who is an Ad Joc Judge

4) Who are Assessors

5) What is the Principle of Diplomatic Protection

6) What is an Ex Aequo Et Bono Decision

7) What is Forum Prorogatum

8) Define Ne Bis In Idem

C. Important Recent cases decided by the ICJ

1. Costa Rica v. Nicaragua, 2018 on Maritime delimitation in the Caribbean Sea

2. India v. Pakistan, 2019 on the application of the Vienna Convention
3. Bolivia v. Chile, 2018 on Access to the Pacific Ocean

V. INTERNATIONAL PROTECTION ON HUMAN RIGHTS

Define the Crime of Apartheid

The International Declaration of Human Rights (General Assembly Resolution 217

dated December 10, 1948

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 Simon v. Commission on Human Rights, supra.

The CEDAW Law (Convention on the Elimination of all Forms of Discrimination)

Saudi Arabian Airlines (Saudia) v. Rebesencio, 746 SCRA 140

R.A. 9745, An Act Penalizing Torture and Other Inhuman Punishment

People v. Chaw Yaw Shun, 23 SCRA 127

People v. Buscato, 74 SCRA 30
People v. Manliguez, 206 SCRA 812

Define Torture as understood in International Law

Magna Carta for researchers, engineers, dentists

- Nazareth v. Villar, 689 SCRA 385

Magna Carta for public health workers

- Cotiangco v. The Province of Biliran, 659 SCRA 177

Magna Carta for Women

- Capin-Cadiz v. Brent Hospital and Colleges, Inc., 785 SCRA 20

Magna Carta for public school teachers

- Puse v. Delos-Santos Puse, 615 SCRA 500

Magna Carta for Disabled Persons

Drugstores Association of the Philippines, Inc. v. National

Council on Disability Affairs, 803 SCRA 25

Define:
1. Derogation Clause
2. Enforced Prostitution and its elements
3. Sexual slavery
4. Enforced sterilization
5. Forced Pregnancy
6. Refoulement
7. Refugee

VI. INTERNATIONAL HUMANITARIAN LAW

a) What is Aggression
b) What is a Crime of Aggression
c) Define Armistice
d) What is a cluster munition
e) Who is a combatant
f) Who is a Mercenary
g) Define Hors de combat

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 g.1 Define Martens Clause

h) What are the Crimes Against Humanity

g.1 Define Extermination

i) What is Genocide
j) Define Levee en Masse
k) Define Parlementaire
l) Who are Prisoners of War
m) Define Ruse of War
n) Who is a Spy
o) War Crimes

Geneva Convention of 1949

The International Red Cross

Prisoners Convention of 1929

1954 Convention for the Protection of Cultural Property in the Event of Armed
Conflict

Berne Convention for the Protection of Literary and Artistic Works

Define Cultural Heritage

1972 Biological Weapons convention

1980 Conventional Weapons

1993 Chemical Weapons Convention

1997 Ottawa Convention on Anti-Personnel Mines

Define Anti-Personnel Mine

Define Incendiary Weapons

2000 Optional Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict

Define Greenhouse Gases

VII. LAW OF THE SEA

P.D. No. 1599 dated June 11, 1978; Archipelagic Baselines Law of 2009 (R.A.
9522)

Define Archipelagic Sea Lanes Passage

U.N. Convention on the Law of the Sea (UNCLOS) dated April 30, 1982

Magallona v. Ermita, 655 SCRA 476

Capitol Wireless, Inc. v. Provincial Treasurer of Batangas, 791 SCRA 274

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 Define:

1. Archipelagic State
2. Artificial islands
3. Baseline
4. Bay
5. Continental Shelf
6. Shoal
7. Enclosed (or semi-enclosed) Sea
8. Exclusive Economic Zone
9. Flag State
10. High Seas
11. Internal Waters
12. The Right of Innocent Passage
13. Land-locked State
14. Maritime Ports
15. Sedentary Species
16. Nationality of Ships
17. Transboundary Waters
18. Transit Passage
19. Uti Possidetis

The Role of the International Maritime Organization (IMO)

International Convention for the Safety of Life at Sea (SOLAS)

VIII. OTHER TERRITORY

Cases on Advisory Opinions:

Legality of the Use by a State of Nuclear Weapons in Armed Conflict, ICJ Reports,
1996

- Doctrine of Unilateral Acts of States

Certain Expenses of the UN, ICJ Reports, 1962

Western Sahara Case, supra.

IX. Current International Issues

1. Climate change in relation to the 2015 Paris Agreement and Global Warming
2. The Chagos Islands
3. The Anti-Terrorism Law (Cf. R.A. 11479)
4. Targeted Killings and the Legality of Drones
5. Jus Cogens Norms and Human Rights

-END-

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