PIL Reviewer. 1. Concept of Associated State
A nation with limited sovereignty especially when a former colony assumes responsibility as regards domestic affair but still depend on the colonial ruler for defense and foreign policy.
Under international law, an association is formed when 2 states of unequal power voluntarily establish durable links. In the basic model, one state, the associate, delegates certain responsibilities to the other, the principal, while maintaining its international status as a state.
Association under international law, is a formal arrangement between a non-selfgoverning territory and independent state whereby such territory becomes an associate state with internal self –government, but the independent state is responsible for foreign relations and defense.
For it to be lawful: (1) The population must consent to the association and (2) The association must promote the development and wellbeing of the dependent state.
PH constitution does not recognize this concept for it runs counter to the national sovereignty and territorial integrity of the republic
Read: Province of North Cotobato vs. Republic
2. Treaty Negotiations: Right of Citizens to Participate
Read: Bayan vs. Zamora Case Sec 21, Art VII: “No treaty or international agreement shall be valid and effective unless concurred in by at least 2/3 of all the members of the senate
Sec25, Article XVII: “After the expiration in 1991 of the agreement between the republic and the US concerning military bases, foreign military bases, troops, or facilities shall not be allowed in the PH except under a treaty duly concurred in by the senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treat by other contracting state. ” o
There must be under a treaty
o
The treaty must be duly concurred by the Senate and, when so required by congress, ratified by a majority of the votes casts by the people in a national referendum
o
Recognized as a treaty by the other contracting state 3. Validity of a Treaty
Capacity to contract
Authority
Consent
Conformity (Conformity with international law)
Ratification
4. Negotiations between 2 countries 5. Law on Neutrality
Relationship between the participant state and non-participant state during the outbreak of war
Attitude of impartiality adopted by 3 state toward belligerents and recognized by the
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belligerents, such attitude creating rights and duties between the impartial states and the belligerents
Rights and duties of neutrals and belligerents: o
Should not give assistance, direct or indirect, to either belligerent in their war efforts
o
Places the neutral state under obligation to prevent its territory from becoming a base for hostile operations by one belligerent against the other
o
Requires a neutral to submit acts of belligerents with respect to the commerce of its nationals if such acts are warranted under the law of nations.
6. What would necessitate the use of force?
General Rule: All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations. Exception: There are only 2 occasions when the use of force is allowed under the UN Charter. 1. The use of force on the exercise of the inherent right if individual or collective self-defense as recognized in Article 51 of the UN Charter 2. Enforcement measures by the Security Council involving action by air, sea or land forces as may be necessary to maintain or restore international peace and security under article 42 of the UN Charter Article 39 - The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security. Article 41 - The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations. Article 42 - Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations. Article 51 - Nothing in the present Charter shall impair the inherent right of individual or collective selfdefence if an armed attack occurs against a Member of the United Nations, until the Security Council
has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security. 7. Read New Zealand vs. France case 8. When can an ambassador invoke diplomatic immunity
WHO vs. Aquino – The respondent judge committed grave abuse of discretion when it issued a search warrant against petitioner’s personal effects. The executive branch of the Philippine
Government has expressly recognized that petitioner is entitled to diplomatic immunity, pursuant to the provisions of the Host agreement. It is a recognized principle of international law that diplomatic immunity is essentially a political question and courts should refuse to look beyond a determination by the executive branch of the government, and where the plea of diplomatic immunity is affirmed by the executive branch of the government, it is then the duty of the courts to accept the claim of immunity.
A diplomat in transit would be entitled to the same immunity as a diplomat in situ. A foreign minister en route, either to or from his post in another country, is entitled to innocent passage rd through a 3 country and is also entitled, on the sam e grounds, whether as a matter of right or rd
of discretion, to the same immunity from the jurisdiction of the courts of the 3 country that he would have if he were resident therein. rd
o
3 state has recognized the government of the sending state.
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Sending state notified the official character of such person.
9. Read Vinuya Case 10. Jurisdiction of the ICJ 11. Rights of coastal states under the UNCLOS
Article 56 1. In the exclusive economic zone, the coastal State has: (a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds; (b) jurisdiction as provided for in the relevant provisions of this Convention with regard to: (i) the establishment and use of artificial islands, installations and structures; (ii) marine scientific research; (iii) the protection and preservation of the marine environment; (c) other rights and duties provided for in this Convention.
Contiguous zone The coastal state may exercise control necessary to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea. Def: Exclusive economic zone is a zone extending up to 200 nautical miles from the baselines of a state Contiguous zone is a zone contiguous to the territorial seas and extends up to 12 nautical miles from the territorial sea.
