ASEAN

The asean was created under the Treaty of Amity after the so many tries by the Japan. The first
members of the Asean was only 5 countries, and the present alliance comprises of 10 countries. The
Asean is headed by the secretary general

The charter of the Asean mainly promotes the peace and stability which serves as the block
representation on the external partners and mainly focuses on the mutual respect for
independence, sovereignty, equality and peaceful settlements. Based on its salient provisions, the
asean provides the trading of goods, services, the sanitary and phytosanitary measures for the
safety of the foods and the settlement of disputes.

The Asean conducts their meetings under the ASEAN Summit

The council who were in charge in for the asean summit are the asean coordinating council. The
asean coordinating council also have councils with regard to the political, economic and socio-
cultural relations

Headed by the political security, economic and soco-cultural council

The benefits for being part of the countries in the ASEAN is that, it helps them to

Lower the cost of living

It opened more job opportunities and gave economic prosperity

Made it easier to travel and open for education

In times of dispute, the asean always consider all of the ways to settle peacefully the disputes. And
to improve the effectiveness of the law enforcement in the asean, the asean created the treaty in
Mutual Legal Assistance with regard to the criminal matters.
European union

European Union is a political and economic union of 27 member states that are located primarily in
Europe. In 1957, two treaties were signed giving birth to the European Economic Community (EEC) and
to the European Atomic Energy Community (EURATOM) – these treaties were known as the Treaties of
Rome.

The Concept of European Union

According to the Treaty on European Union, European Union law is a system of rules operating within
the member states of the European Union.

Therefore, Countries whose territory is wholly outside the European continent cannot therefore apply.
Nor can any country without fully democratic political institutions which ensure standards of "pluralism,
non-discrimination, tolerance, justice, solidarity and equality between women and men prevail"

The EU and the Association of Southeast Asian Nations (ASEAN) are the two most advanced regional
integration projects in the world. Both are committed to addressing issues through a multilateral
approach, and both are committed to regional integration as the most effective way to foster stability,
build prosperity and address global challenges. The EU and ASEAN are therefore natural partners, which
share the same goals for their citizens: peace, prosperity and stability. However, there are still the
differences.

Similarities

Both multinational groups in major regions of the world which seek to overcome past conflicts by
promoting integration. Both were founded to promote peace. And both seek to integrate the economies
of their member states into a single market and production platform.

Their differences are the EU started just after the Word War II in 1950. While the ASEAN is an effort to
copy the EU's example and started in 2007. The European Union promotes much deeper integration
than ASEAN. The EU has a customs union, while the Asean has a free-trade zone.

What is the relationship of Philippines to EU?

THE EU and THE PHILIPPINES

The relationship between the EU and the Republic of the Philippines is a longstanding one,
which has broadened and deepened remarkably in recent years. The Delegation was officially opened on
15 May 1991 following the influx of official development assistance to the country after democracy was
restored under the Aquino administration in 1986. The European Union and the Philippines share
diplomatic, economic, cultural and political relations in fact, European Union is the third largest trading
partner of the Philippines. The European Union has provided millions of euros to the Philippines to fight
poverty and counter-terrorism against terrorist groups in the Southern Philippines.
The FTA provides the Philippines duty-free market access for ALL industrial and fisheries tariff lines. PH
secured tariff concessions on substantially all PH agriculture exports to European free trade association.
Under the FTA, the PH may qualify for zero tariffs for preparations of meat/fish, even if the meat or fish
is imported. In addition, the PH also gained significant concessions on our agricultural exports,
particularly those that are currently being exported to the EFTA Members States, or those with high
potential export interest, including those that are being sold to its neighboring European countries,
which can be alternately be exported to the EFTA countries.
UNCLOS

UNCLOS is an acronym for the United Nations Convention for the Law of the Sea. This convention is
sometimes referred to as the Law of the Sea Convention or the Law of the Sea treaty. So this
convention defines the rights and responsibilities of nations with respect to their use of the world's
oceans, establishing guidelines for businesses, the environment, and the management of marine natural
resources.

Under this Convention are the maritime zones recognized under international law, it include the internal
waters, the territorial sea, the contiguous zone, the exclusive economic zone (EEZ), the continental shelf,
the high seas and the Area.

Its function covers the spatial distribution of national jurisdiction and ensures international cooperation
between States.

The territorial sea covers the marine space under the territorial sovereignty of the coastal State which is
measured from the baselines, limited and not exceeding to twelve (12) nautical miles. It comprises the
seabed and its subsoil, the adjacent waters, and its airspace.

The Exclusive Economic Zone (EEZ) is an area beyond and adjacent to the territorial sea, not extending
beyond 200 nautical miles from the baseline of the territorial se while the high seas are all parts of the
sea which are not within an EEZ.

No state may subject to any part of the high seas with regard to its sovereignty, since all states including
land-locked states, enjoy the freedoms of the high seas. However, this freedom is not absolute because
it must be exercised with due regard for the interests of other states in their exercise of the same
freedoms.

With regard to the nation's internal waters, it includes waters on the landward side of the baseline of a
nation's territorial waters, except in archipelagic states. It includes waterways such as rivers and canals,
and sometimes the water within small bays.

The case of Magallona v. Ermitta tackled the rights over maritime zones. RA 9522 defined that the
archipelagic baselines are longitude and latitude.

The definition of baseline is further discussed under Art. 5 of the convention which states that a baseline
is a line along the coast from which the outer limits of marine spaces under the national jurisdiction of
the coastal State is measured. It is also the line distinguishing internal waters from the territorial sea.

Right of Innocent Passage

It is the right of foreign merchant ships (as distinct from warships) to pass unhindered through the
territorial sea of a coast. Wherein the ships of all States, whether coastal or land-locked, including
foreign warships are entitled to the right of innocent passage through the territorial waters of a coastal
State. The submarines are likewise entitled however if they are traversing the territorial sea, they are
required to navigate on the surface and to show their flag. (UNCLOS, Articles 17-20).

International Tribunal for the Law of the SEA (ITLOS) is the tribunal responsible for the disputes of the
states under unclos.

Reservations cannot be made since it is stated under Article 309 that no reservations or exceptions may
be made to this Convention unless expressly permitted by other articles of this Convention.

Pacta sunt servanda – unclos III provides for the demarcating of the baselines
Final arbitral award
Historically, south east Asian countries like china Vietnam Philippines Brunei and Malaysia have dispute
dispute over the contentious South China Sea region for centuries with china claiming most of the region
through their u-shaped 9 dash line which was adopted in Chinese maps historically and that the islands
in the south china sea were first discovered by them.

Furthermore, China claims to have exercised authority and control historically over the entire South
China Sea prior to and during the period of its colonization and occupation by Japan. The Philippines on
the other hand, claims that the China’s claim of 9 dash line violates the limits established by UNCLOS.
Moreover, China has prevented Philippine fishermen from pursuing their livelihoods through traditional
fishing activities around Scarborough Shoal and that China has violated UNCLOS’s environmental
protection obligations.

In settling the disputes, Issues were raised on the Permanent court of arbitration regarding whether 9
dash line is a valid ground for acquiring territory, whether spratly island is capable of human habitation
and is occupied by china are low tide elevations, whether China violated Philippines’ economic rights
over the exclusive economic zone and whether China violated UNCLOS’ protect and preserve the marine
environment.

The Permanent court of arbitration ruled heavily in favor of the Philippines and against China. It was
found out that the historical rights such as 9 dash line is illegal and icompatible with UNCLOS and not
supported by any evidence. That none of the island in spratlys is capable of human habitation. That
China has violated the exclusive economic rights over the exclusive economic zone by interfering with
the Philippines’ fishing and exploration over the EEZ of the Philippines and that China has violated the
preservation of marine environment imposed by UNCLOS through dredging and harvesting of
endangered animals.

Although the Philippines was favored, the Tribunal does not have jurisdiction over military activities.
Moreover, the Permanent Court of Arbitration cannot compel China to respect the territories or
exclusive rights of the Philippines that is why even when the territory was awarded to the Philippines,
China still continues its activities over the disputed land
Hague conference
The Hague conference on private international law was started by Tobias M.C with a view to resolve
differences, States have adopted special rules known as ‘Private International Law’ rules and eventually
resulted to the birth of the HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW
Hague conference is a global intergovernmental organization and addresses private law
problems, as opposed to public law problems, arising among individuals and companies from factual
situations which are connected with more than one State. It discusses sensible and practical matters
rules for international civil and commercial matters. Family and child protection, civil procedure and
litigation commercial and financial law. The HCCH operates only in Civil and Commercial law not in
criminal law end focuses on technical aspects (not “politics”) and decisions are taken by consensus. It is
also not a court tribunal for does not render judgement.
Philippine acceded last July 14, 2010, became the 70th Member of the Organization.
The Hague conference unified the private intranational law by negotiating international treaties, which
is known as the “Hague Conventions”. "Hague Conventions" is the principal method used to achieve this
goal consists in the negotiation and drafting of multilateral treaties. These conventions build bridges
between jurisdictions, it does not change domestic laws in each jurisdiction but simply connects them.
The Hague Conventions are open to all States and even those that are not Members of the organization.
However only members of the organization, negotiates new convention. They also have priority access
to technical assistance.
Conventions wherein Philippines is a state party are: 1)Apostille Convention which facilitates the
circulation of public documents. 2) Service Convention which provides for the channels of transmission
to be used when a judicial or extrajudicial document is to be transmitted from one State party to the
Convention to another State Party for service in the latter. 3) Child Abduction Convention which
combats parental child abduction. And 4) Intercountry Adoption Convention which recognizes that
growing up in a family is of primary importance and is essential for the happiness and healthy
development of the child.
 
Apostille covention
The Apostille Convention was created on October 5, 1961 however the Philippines only acceded on May
19, 2019. With regard to the accession of Philippines to the Hague Apostille Convention, the Philippines
acceded on 12 September 2018
An Apostille is a certificate that authenticates the origin of a public document. It is issued by a
country that is party to the Apostille Convention which to be used in another country who is also a party
to the Convention. Aside from countries that have not yet acceded to the Apostille Convention, the
Philippine Apostille will not apply to Austria, Finland, Germany and Greece. Documents from and to such
countries will still require legalization by the concerned Embassy or Consulate.
Before we acceded to the apostille convention, we have a legalization process so that the
documents will be authenticated or certified a legal document and will be recognized by a foreign
country’s legal system with full legal effect. But after acceding to the convention, there is no more need
for legalization by the Foreign Embassies or Consulates except for countries that have not acceded to
the Convention and countries that objected to the Philippine and there is no need to get a "red ribbon"
or the Authentication Certificate as proof of authentication. Only an authentication (Apostillization)
which will be conducted by the Department of Foreign Affairs - Office of Consular Affairs (DFA-OCA), as
Competent Authority
The Philippine Apostille will apply to the same types of documents that are subject to
authentication by the DFA prior to the effectivity of the Apostille Convention in the Philippines.
Moreover, an Apostille may never be used for the recognition of a document in the country where that
document was issued because Apostilles are strictly for the use of public documents abroad. Thus, if
your document is to be used in the Philippines, it cannot be submitted to the DFA for
authentication/Apostillization. The foreign documents from Apostille countries will only need
Apostillization by the host government for them to be validly used in the Philippines or in another
Apostille country.
Just as Philippine documents for use in Apostille countries will no longer need to pass through another
authentication by the foreign embassies in Manila after they have been authenticated (Apostillized) by
the DFA-OCA,
To sum up, apostillization abolishes the long and costly legalization process and replaces it with
a single Apostille Certificate issued by a Competent Authority (DFA, here in the Philippines)
The Global Compact for Safe, Orderly and Regular Migration (GCM)

The GCM is rooted in the United Nations’ 2030 Agenda for Sustainable Development Goals (SDGs), a
plan of action that involves the key elements of people, prosperity, planet, peace, and partnership for
the seventeen goals. Overall, these two documents call for the implementation of “well-managed
migration policies” at the national and international levels to lessen the costs and mobilize the benefits
of migration to sustainable development.

IOM defines a migrant as any person who is moving or has moved across an international border or
within a State away from his/her habitual place of residence, regardless of (1) the person’s legal status;
(2) whether the movement is voluntary or involuntary; (3) what the causes for the movement are; or (4)
what the length of the stay is. Whereas migration is the movement of persons away from their place of
usual residence, either across an international border or within a State.

On 19 September 2016 Heads of State and Government came together for the first time ever at the
global level within the UN General Assembly to discuss issues related to migration and refugees. The
Global Compact is the first inter-governmentally negotiated agreement, prepared under the auspices of
the United Nations, covering all dimensions of international migration in a holistic and comprehensive
manner. It is a non-binding document that respects states’ sovereign right to determine who enters and
stays in their territory and demonstrates commitment to international cooperation on migration.

It aims to aims to mitigate the adverse drivers and structural factors that hinder people from building
and maintaining sustainable livelihoods in their countries of origin; reduce the risks and vulnerabilities
migrants face at different stages of migration by respecting, protecting and fulfilling their human rights
and providing them with care and assistance; seeks to address the legitimate concerns of states and
communities and create conducive conditions that enable all migrants to enrich our societies

The Commission on Filipinos Overseas is a Philippine government agency tasked to promote the
interests of Filipino emigrants and permanent residents abroad, as well as strengthen ties with Filipino
communities overseas. It was established in 1980 through Batas Pambansa Blg. 79. The Commission on
Filipinos Overseas registers and provides orientation for departing emigrants, and conducts Filipino
heritage programs for younger generations of overseas Filipinos. It promotes transfer of technology,
material contributions and financial grants from overseas Filipino communities for development
activities in seventy-nine provinces in the Philippines. The Commission also provides liaison to Filipinos
overseas with appropriate government and private agencies in the transaction of business and similar
ventures in the Philippines

The asia pacific regional review, organized from 10 to 12 March by the United Nations Economic and
Social Commission for Asia and the Pacific (ESCAP) and the Regional UN Network* on Migration for Asia
and the Pacific, brought together over 200 government representatives and stakeholders who discussed
concrete steps to align migration with sustainable development and respect for human and labour rights
in and beyond the COVID-19 era.
Among the conclusions was the need to seize the opportunity to reimagine human mobility in Asia and
the Pacific. The COVID-19 pandemic has pushed the region behind in implementing the 2030 Agenda for
Sustainable Development. In light of this, delegates called for stronger collaboration amongst
Governments in implementing the Global Compact in the region to ensure that no one is left behind.
Policies should respect labour and human rights and be gender-responsive and child-sensitive.
Permanent court of arbitration

The Permanent Court of Arbitration (PCA) is an intergovernmental organization with 122 member states
established in 1899 to facilitate arbitration and other forms of dispute between states. Today, the PCA
provides services for the resolution of disputes involving various combination of states, state entities,
intergovernmental organizations and private parties.

The kinds of cases that the PCA has involvement in are International dispute resolution encompassing
territorial disputes, Human rights disputes between states, Commercial and investment disputes, and
Disputes arising under bilateral and multilateral investment treaties

The services that the PCA offers are arbitration, an appointing authority, mediation and conciliation, fact
finding body and commission of inquiries and guest tribunals.

The benefits of international arbitration is that the award is readily enforceable in many countries in the
world, complete autonomy and freedom, flexibility, neutrality, privacy and speedy trial.

Pursuant to its optional rules, any two or more state, a state and an international organization (ie.
intergovernmental organization), Two or more international organization, A state and a private party,
and An international organization and a private party may agree to bring a case before the PCA

Cases wherein Philippines is a party before PCA include the South China Sea arbitration (PH vs China),
Chevron vs Philippines (investment dispute settlement - withdrawn) and Maynilad vs Philippines
(ordered the PH to pay maynilad 7.39B for non-implementation of rate hikes)
Rome statute
The Rome Statute of the International Criminal Court is the international treaty that founded the
International Criminal Court. Comprising a Preamble and 13 Parts, it establishes the governing
framework for the International Criminal Court. Adopted at the Rome Conference on 17 July 1998, it
entered into force on 1 July 2002, thereby creating the International Criminal Court which deals on the
four major crime. Genocide-Acts committed with intent to destroy, in whole or in part, a national,
ethnical, racial or religious group, Crimes against Humanity - Acts when committed as part of a
widespread or systematic attack directed against any civilian population, with knowledge of the attack.
War crimes - an act that constitutes a serious violation of the laws of war that gives rise to individual
criminal responsibility. And crimes of aggression - It is the planning, preparation, initiation or execution,
by a person in a position effectively to exercise control over or to direct the political or military action of
a State. The increase of these crimes during the 20 th century and violators remained unpunished
prompted the United Nations General Assembly to establish permanent international court to deal with
the kinds of atrocities which had just been perpetrated.

• In 2000, then-President Joseph Estrada signed the Rome Statute but the move to ratification
took many years. In 2005, under the then-President Gloria Macapagal Arroyo, human rights advocates
petitioned the Supreme Court to move forward with the ratification of the treaty.
• On 30 August 2011, the Republic of the Philippines deposited its instrument of ratification to the
Rome Statute of the International Criminal Court (ICC). The Statute entered into force on 1 November
2011, bringing the total number of States that have joined the Rome Statute system to 117.
• The Philippines’ withdrawal from the Rome Statute was notified on 17 March 2018 and became
effective on 17 March 2019. Pursuant to article 127.2 of the Statute and based on prior ICC ruling in the
situation in Burundi, the Court retains its jurisdiction over crimes committed during the time in which
the State was party to the Statute and may exercise this jurisdiction even after the withdrawal became
effective.
• The departure of the Philippines follows the court being hit in recent years by high-profile
acquittals and moves by several nations to drop out. Manila moved to quit after the body launched a
preliminary examination in 2018 of President Rodrigo Duterte's drug crackdown that has killed
thousands and drawn international censure. Duterte's drug war is his signature policy initiative and he
defends it fiercely.