Public International Law
Crimes against humanity
1. What is International Law?
International Law refers to rules which
govern the relationship between states;
Known as the law of nations,
international law concerns itself
questions of rights between nations.
2. What is Public International
Law?
Public International Law governs the
relationships between and among states
and also their relations with
international organizations and
individual persons.
3. What are the primary concepts
of International Law?
The primary concepts of Public
International Law are obligation erga
omnes, jus cogens, and the concept of ex
aequo et bono.
4. What does Obligation Erga
Omnes mean?
Obligation Erga Omnes are the
obligations of a state towards the
international community as a whole,
where all states have legal interest in the
protection of these obligations.
(Barcelona Traction Case)
Examples of erga omnes norms:
a. outlawing acts of aggression
b. outlawing acts of genocide
c. the basic rights of the human person,
including protection from slavery and
racial discrimination
5. What does Jus Cogens mean?
According to Article 38 (2) of the Statute
of ICJ, Jus Cogens is the customary
international law that refers to certain
fundamental, overriding principles of
international law, from which no
derogation is ever permitted.
Examples or norms with jus cogens
character:
a. The prohibition against the use of
force under the UN Charter
b. The law on genocide
c. The principle of self-determination
d.
e. Prohibition against slavery and slave
trade
f. Piracy
g. Principle of racial non-discriminaiton
6. What is the concept of Ex Aequo
et Bono?
Ex Aequo et Bono is the principle
based on what is fair and just. The
traditional categories of equity are
equity infra legem, equity praeter
legem, and equity contra legem.
Equity infra legem is "that form of
equity which constitutes a method of
interpretation of the law in force, and is
one of its attributes," or equity "used to
adapt the law to the facts of individual
cases.
Equity praeter legem, in contrast, is
equity used to fill gaps in the law, or
more precisely used "not ... with a view
to filling a social gap in law, but ... in
order to remedy the insufficiencies of
international law and fill its logical
lacunae.
Equity contra legem is equity used in
derogation from the law, to remedy the
social inadequacies of the law.
7. What is the relationship
between International Law and
Domestic Law?
International law may become domestic
law through: the doctrine of
transformations, which is constitutional
machinery of Congress; or through the
doctrine of incorporation which allows
the international become municipal by
operation of law, such as an
incorporation clause.
In states where the Constitution is the
highest law of the land, such as the
Republic of the Philippines,
both statutes and treaties may be
invalidated if they are in conflict with the
Constitution.
(Secretary of Justice v. Hon. Ralph C.
Lantion, G.R. No. 139465, Jan. 18, 2000,
En Banc [Melo])
The Supreme Court has the power to
invalidate a treaty under Sec. 5(2)(a),
Art. VIII, 1987 Constitution.
8. What are the sources of
International Law?
[Definition] The sources of international
include a survey of the process whereby
rules of international law emerge.
The sources of international are:
1. Primary Sources include:
Charter of the United Nations;
U.N. General Assembly Resolutions;
Statute of the International Court of
Justice;
Treaties or International
Conventions;
International Custom; and
Generally accepted principles of law
recognized by civilized nations.
2. Secondary Sources include:
Judicial Decisions; and
Teachings of authoritative publicists
9. What are the subjects of
international law?
The subjects of international law are
States, International Organizations, and
Individuals
10. What is a State?
A state is a community which consists of
a territory and a population subject to an
organized political authority; it is
characterized by sovereignty.
11. What are the elements of a
State?
A state must have a territory, a
population, a government and
sovereignty.
12.What are the modes of
acquiring a territory?
The modes of acquiring a territory
include occupying a territory not subject
to the sovereignty of any other state,
cession, prescription, and accession or
accretion.
13.What is a government?
Government is an institution by which
an independent society makes and
carries out those rules of action which
are necessary to enable men to live in a
social state, or which are imposed upon
the people forming that society by those
who possess the power or authority of
prescribing them.
14.What is Sovereignty?
Sovereignty is the capacity of the state to
enter into relations with other states
and to govern the population
within their territory.
15.What is a Population or People
in a State?
Population or People is a community of
persons sufficient in number and
capable of maintaining the permanent
existence of the community and held
together by a common bond of law.
16.What are International
Organizations?
International organizations are
organizations which are generally set up
by treaty among two or more states.
17. What are Individuals?
Individuals are non-state actors under
international law. They are considered
as persons who have rights and duties
under international law.
18.What is Diplomatic Law?
Diplomatic law is the totality of legal
norms regulating the method of
appointing and recalling diplomatic
representatives and of fixing diplomatic
ranks, functions, and legal status
19.What is Consular Law?
Consular law is the body of principles
and norms (of domestic legislation as
well as of international law) regulating
the activities of consuls. It is the state
defines the scope of the functions of its
consular representatives, taking into
account the legislation of the host
country.
20. What are the elements of
Diplomatic and Consular Law?
The elements of diplomatic and consular
are: Immunity of diplomatic staff, the
inviolability of the diplomatic mission
and its grounds, and the security of
diplomatic correspondence and
diplomatic bags
21.What are the Sources of
Diplomatic and Consular Law?
The sources of diplomatic and consular
laws are: Customary law; General legal
principles; Agreement; Acts; Analogy;
Comitas Gentium, International Comity,
Courtesy, Precedence, and Etiquette,
Protocol (customary source); and other
sources such as doctrines and
jurisdiction
22. What is the distinction
between a diplomatic officer
and a consular officer?
A diplomatic officer looks after the
political interests of their state and its
nationals while, a consular officer looks
after the Commercial interests of their
state.
23. What are the classes of
head of mission provided in the
Vienna Convention on the
Diplomatic Relations?
These are the ambassadors or nuncios
accredited to Heads of State, and other
heads of mission of equivalent rank; that
of envoys, ministers and internuncios
accredited to Heads of State; and that of
chargés d’affaires accredited to Ministers
for Foreign Affairs.
24. What who are the
personnel of the Diplomatic
Representative?
The personnel of the Diplomatic
Representative are the members of
his/her family and others of his/her
household; and those directly in the
service of the mission. These are
counselors, secretaries, attaches
interpreters, clerks etc.
25. What are the privileges of
a diplomat?
The privileges of a diplomat are:
Inviolability; Exemption of person from
criminal and civil jurisdiction; Immunity
of residence from local jurisdiction;
Jurisdiction within his residence; and
the Precedence, ceremonial prerogatives,
according to rank.
26. What is the main function
of a consular officer?
Consuls are officials sent by the state to
foreign ports and cities mainly for the
purpose of watching over and promoting
the commercial and industrial interests
of the appointing state and its citizens or
subjects, and of protecting its nationals
travelling or residing in these regions.
27. What are the classes of
Heads of Consular Posts?
Heads of consular posts are divided into
four classes, namely consuls-general;
consuls; vice-consuls; and consular
agents.
28. What is an exequatur?
An exequatur is a legal document issued
by a sovereign authority that permits the
exercise or enforcement of a right within
the jurisdiction of the authority. The
word is a form of the Latin verb
"exequi", which denotes "let it be
executed"
29. What is a treaty?
A treaty is an international agreement
concluded between states in written
form and governed by international law,
whether embodied in a single
instrument or in two or more related
instrument.
30. What are the types of
treaties?
The types of treaties are:
1. Multilateral treaties which are open
to all states; create norms as basis for
general rule of law; they are either
codification of treaties or law-making
treaties.
2. Bilateral treaties are contractual in
nature which creates shared
expectations of the contracting
parties.
31. What are the essential stages in
treaty-making?
The essential stages in treaty-making:
1. Negotiations;
2. Execution or signature;
3. Ratification under the domestic law
of the contracting states;
4. Exchange of instruments for validity
and effectivity; and
5. Deposit of Instruments (duly-
executed and ratified agreement)
32. Define Negotiations.
Negotiations refer to the process where
provisions of provisions of a proposed
treaty are discussed by the
representatives of the contracting states
possessing full powers.
33. What does Section 3 of
E.O. 459 provide?
Section 3 of E.O. 459 is the authorization
must be secured by the lead agency from
the President through the Secretary of
Foreign Affairs; and the request for
authorization must be in writing,
proposing the composition of the
Philippine delegation and
recommending the range of positions to
be taken by that delegation.
34. What are full powers?
Full powers refer to the authority
granted unto a representative of the
state to enter into, negotiate, sign and
seal a treaty.
35. What is a signature?
A signature serves as authentication of
the document; it makes the text
authoritative and definitive.
36. How does a state become
bound to a treaty?
A state becomes bound to a treaty
through consent. Consent may be
expressed by: signature; exchange of
instruments constituting a treaty;
ratification; acceptance; approval or
accession; or any other means if so
agreed
37. What does reservation
mean?
Reservation is a unilateral statement,
however phrased or named, made by a
state when signing, ratifying, accepting,
approving or acceding to a treaty,
whereby it purports to exclude or to
modify the legal effect of certain
provisions of the treaty in their
application to the state.
38. What are the exceptions
of invoking reservation in
treaties?
Reservation is not allowed: When the
treaty prohibits it; only specified
reservations may be made; or
Reservation is incompatible with the
object and purpose of the treaty. (Article
19 Vienna Convention on Law of
Treaties, 1969)
39. What are the grounds for
a treaty to become invalid?
The grounds for a treaty to become
invalid are: Error; Fraud; Corruption of
a representative of a state; Coercion of a
state by the threat or use of force;
Violation of a peremptory norm of
international law; and the Violation of
internal law of a state.
40. What is an amendment of
a treaty?
An amendment of a treaty is a formal
revision done with the participation, at
least in its initial stage by all the parties
to a treaty.
41.What is a modification of a
treaty?
A modification of a treaty involves only
some of the parties to the agreement.
42. How do the parties amend
or modify a treaty?
The amendment or modification of a
treaty requires the consent of all parties
except when it is allowed by the treaty
itself, two states may modify a provision
only insofar as they are concerned.
43. Distinguish a treaty from
an executive agreement.
While both are international
agreements, a treaty involves political
issues or changes of national policy and
those involving international agreements
of a political character, while an
executive agreement involves
adjustments of detail carrying out well-
established national policies and
traditions and those involving
arrangements of a more or less
temporary nature.
44. What is the concept of
Auto-limitation?
Under the principle of auto-limitation,
any state may by its consent, express or
implied, submit to a restriction of its
sovereign rights. There may thus
be a curtailment of what otherwise is a
plenary power (Reagan v. CIR, G.R. L-
26379, December 27, 1969).
45. What is the relationship
between reciprocity and the
principle of auto-limitation?
When the Philippines enters into
treaties, necessarily, these international
agreements may contain limitations on
Philippine sovereignty. The
consideration in this partial surrender of
sovereignty is the reciprocal
commitment of other contracting states
in granting the same privilege and
immunities to the Philippines. For
example, this kind of reciprocity in
relation to the principle of auto-
limitation characterizes the Philippine
commitments under WTO-GATT. This is
based on the constitutional provision
that the Philippines "adopts the
generally accepted principles of
international law as part of the law of the
land and adheres to the policy of
...cooperation and amity with all
nations" (Tanada Angara, G.R. No.
118295, May 2, 1997).
46. What are some of
generally accepted principles of
international law?
The following are some of these
principles:
1. Pacta Sunt Servanda;
2. Par in parem non habet imperium
or sovereign equality among states
or all states are sovereign equals; an
equal state cannot assume jurisdiction
over another equal;
3. Principle of state immunity from suit
or a state cannot be sued without its
consent;
4. Right of states to self-defense;
5. Right to self-determination; and
6. Rebus Sic Stantibus or things remain
as they are or opposite of pacta sunt
servanda.
47. What are the grounds for
termination of treaties?
The grounds for termination of treaties
include: Desistance of parties by mutual
consent; Expiration of term;
Accomplishment of purpose; Material
breach; Supervening impossibility of
performance; Loss of subject matter;
Novation; Rebus sic stantibus;
Fundamental change of circumstance
Outbreak of war; or Violation of jus
cogens.
48. What is the Vienna
Convention on the Law of
Treaties
The Vienna Convention only covers
agreements between States which are in
writing and which are governed by
international law.
49. What is the Doctrine of
State Responsibility?
This doctrine posits that a state is
responsible for every internationally
wrongful act committed by it and is
liable for the acts of its officials only
when the act is attributable to the state.
50. What are the Principles of
Jurisdiction of States?
The principles are the Territoriality
Principle, Nationality Principle and
statelessness, the Protective Principle,
the Universality Principle, and the
Passive Personality Principle.
51.What is the Territoriality
Principle?
Under the Territoriality Principle, the
fundamental source of jurisdiction is
sovereignty over territory. A state has
absolute, but not necessarily exclusive,
power to prescribe, adjudicate and
enforce rules for conduct that occurs
within its territory.
52. What is the Nationality
Principle and Statelessness?
The Nationality Principle provides that
every state has jurisdiction over its
nationals even when those nationals are
outside the state. Stateless persons are
those who do not have a nationality.
They are either de jure or de facto
stateless.
De jure stateless persons are those who
have lost their nationality, if they had
one, and have not acquired a new one.
De facto stateless persons are those who
have a nationality but to whom
protection is denied by their state when
out of the state.
53. What is the Protective
Principle?
The Protective Principle provides that a
state may exercise jurisdiction over
conduct outside its territory that
threatens its security, as long as that
conduct is generally recognized as
criminal by states in the international
community.
54. What is the Universality
Principle?
The Universality Principle recognizes
that certain activities, universally
dangerous to states and their subjects,
require authority in all community
members to punish such acts wherever
they may occur, even absent a link
between the state and the parties or the
acts in question.
55. What is Passive
Personality Principle?
The Passive Personality Principle asserts
that a state may apply law — particularly
criminal law — to an act committed outside
its territory by a person not its national
where the victim of the act was its national.
The principle has not been ordinarily
accepted for ordinary torts or crimes, but it
is increasingly accepted as applied to
terrorist and other organized attacks on a
state’s nationals by reason of their
nationality, or to assassination of a state’s
diplomatic representatives or other officials.
56. What are some of the tests
in case of conflicts of
jurisdiction?
Since there are various accepted principles
for assuming jurisdiction, more than one
state may have a valid claim to jurisdiction.
U.S. courts have attempted to develop more
sophisticated modes of resolving conflict of
jurisdiction. These tests are: the Balancing
Test, International Comity, and the Forum
non conveniens.
57.How does a state treat aliens?
States are not obliged to admit aliens to
their territory, but if they permit aliens to
come, they must treat them in a civilized
manner.
58. What are the standards of
protection for aliens?
The standards of protection for aliens are:
(1) Doctrine of National Treatment; and
(2) Minimum International Standard.
In the former, aliens are treated in the same
manner as nationals of the state where they
reside.
In the latter, aliens should be protected by
certain minimum standards of human
protection.
59. How does the State avoid
liability?
The State may avoid liability in the
following manner:
(1) Calvo Clause is where a stipulation by
which an alien waives his right to appeal to
his own state in connection with any claim
arising from the contract and agrees to limit
himself to the remedies available under the
laws of the local states.
(2) Deportation is where the alien is
removed from the host state.
(3) Exclusion is where the alien is denied of
entry to the host state.
(4) Extradition is where the surrender of an
individual accused or convicted of a crime
by a State within whose territory he is found
and his delivery to the State where he
allegedly committed crime or was convicted
of a crime
60. What is an Extradition?
Extradition is the removal of an accused
from the Philippines with the object of
placing him at the disposal of foreign
authorities to enable the requesting state or
government to hold him in connection with
any criminal investigation directed against
him or the execution of a penalty imposed
on him under the penal or criminal law of
the requesting state or government.
(Philippine Extradition Law)
61.What is the Principle of
Specialty?
The Principle of Specialty is where the
fugitive may be tried only for the crime
specified in the request from extradition,
and only when the crime is included in the
list of offenses in the treaty.
62. What is the basis of
Extradition?
Extradition is based on the consent of the
state of asylum as expressed in a treaty or
manifested as an act of goodwill
63. What is the Rule of
Double Criminality?
The Rule of Double Criminality is the act for
which the extradition is sought must be
punishable in both the requesting and
requested states
64. What is the Attentat
Clause?
Attentat Clause provides that the murder
of the head of state or any member of his
family is not to be regarded as a political
offense for purposes of extradition. In the
absence of special agreement, the offense
must have been committed within the
territory or against the interests of the
demanding state.
65. Differentiate Extradition
from Deportation.
In extradition, it is the state of origin that
initiates the proceedings, whereas in
deportation, it is the resident/host state
that initiates. In extradition, the nature of
the offense is criminal, while in deportation,
it is usually administrative in nature; when
a criminal offense was committed by an
alien, the state of residence will prosecute
and punish the offender.
66. What is the International
Human Rights Law?
Human rights are those inalienable and
fundamental rights which are essential for
life as human beings.

67. What are the three (3)
Generations of Human Rights?
The three (3) Generations of Human
Rights are:
(1) Civil and Political Rights or
Fundamental Rights - Right to
life, liberty and security of person;
freedom from slavery or
servitude; freedom from torture
or to cruel, inhuman or degrading
treatment or punishment; etc.
(2) Economic, Social and Cultural
Rights; and
(3) Environmental Rights
68. What is the Universal
Declaration of Human Rights?
The Universal Declaration of Human
Rights was adopted by the U.N. General
Assembly, composing of 48 countries, on
December 10, 1948. The UDHR is
considered as a “common standard of
achievement for all peoples and all
nations
69. What is the International
Covenant on Civil and Political
Rights (ICCPR)?
ICCPR was adopted and opened for
signature, ratification and accession by
the U.N. General Assembly Resolution
2200 of December 16, 1966. It entered
into force on March 23, 1976
70. What are the Optional
Protocol to International
Covenant on Civil and Political
Rights?
The Optional Protocol to International
Covenant on Civil and Political Rights
are:
(1) First Optional Protocol - It was
entered into force on March 23,
1976. It is designed to enable
private parties who are victims of
human rights violations.
(2) Second Optional Protocol - It was
entered by General Assembly
Resolution 44/128 on December
15, 1989. It is adopted to abolish
the death penalty.
71. What are the substantive rights
under International Covenant
on Economic, Social and
Cultural Rights?
The substantive rights under
International Covenant on Economic,
Social and Cultural Rights are:
1. Right to work
2. Right to favorable conditions of
work
3. Right to form free trade unions
4. Right to social security and
insurance
5. Right to adequate standard of
living
6. Right to special assistance for
families
7. Right to the highest standard of
physical and mental health
8. Right to education including
compulsory primary education
9. Right to the enjoyment of cultural
and scientific benefits and
international contacts
72. What is International
humanitarian law?
International humanitarian law provides for
instances when the use of armed force is
justifiable (jus ad bellum) and it regulates
the conduct of armed conflict (jus in bello).
73. What are the categories of
armed conflict?
The categories of armed conflict are:
1. International armed conflict;
2. Internal or non-international
conflict, and
3. War of national liberation.
74. What is an international
armed conflict?
An international armed conflict occurs
where there is state of war between two
or more states, even if one does not
recognize it. It may take the form of a
direct conflict between States or of 80. What are the
intervention Fundamental Principles of hors
de combat?
75.What is an internal or non- The Fundamental Principles of hors de
international armed conflict? combat are:
An internal or non-international armed 1. Civilians and persons hors de
conflict is an armed conflict not of an combat must be treated humanely
international character occurring in the 2. Adverse distinction in the
territory of one of the High Contracting application of international
Parties. humanitarian law is prohibited.
3. Murder is prohibited
76. What is the War of 4. Torture, cruel or inhuman
National liberation? treatment and outrages upon
The War of National liberation refers to personal dignity, in particular
armed conflicts in which peoples are humiliating and degrading
fighting against colonial domination and treatment, are prohibited.
alien occupation and against racist 5. Corporal punishment is
regimes in the exercise of their right of prohibited.
self-determination. 6. Mutilation, medical or scientific
experiments are prohibited.
7. Rape and other forms of sexual
77.What is a Civilian?
violence are prohibited.
A civilian is any person not a combatant; 8. Slavery and the slave trade in all
in case of doubt whether a person is a their forms are prohibited.
civilian, that person shall be considered 9. Uncompensated or abusive forced
to be a civilian. labor is prohibited.
10. The taking of hostages is
78. What is a civilian prohibited.
population? 11. The use of human shields is
A civilian population comprises all prohibited,
persons who are civilian. The presence 12. Enforced disappearance is
within the civilian population of prohibited.
individuals who do not come within the 13. Arbitrary deprivation of liberty is
definition of civilians does not deprive prohibited.
the population of its civilian character. 14. No one may be convicted or
sentence, except pursuant to a fair
79. What is hors de combat? trial affording all essential judicial
A person is hors de combat if: guarantees.
1. He is in the power of an adverse
party; 81.What are the Principles of
2. He clearly expresses an intention International Humanitarian
to surrender; or Law?
3. He has been rendered The Principles of International
unconscious or is otherwise Humanitarian Law provide that the parties
incapacitated by wounds or to the conflict must at all times distinguish
sickness, and therefore is between civilians and combatants.
incapable of defending himself. Attacks may only be directed against
combatants. Attacks must not be directed
against civilians.
There must be a distinction between civilian
objects and military objectives. No attacks
may be directed against civilian objects.
Indiscriminate attacks are prohibited.
There must be proportionality in attack.
In the conduct of military operations,
constant care must be taken to spare the
civilian population.
There must be precautions against the
effects of attacks.
Medical personnel exclusively assigned to
medical duties must be respected and
protected in all circumstances. Religious
personnel exclusively assigned to religious
duties must be respected and protected in
all circumstances.
Cultural property must be respected. There
must be no superfluous or unnecessary
suffering in the use of means and methods
of warfare.
The use of poison or poisoned weapons is
prohibited. The use of biological weapons is
prohibited.
82. What are prisoners of
war?
Prisoners of war are persons enumerated
under Article 4 of the Third Geneva
Convention, who have fallen into the power
of the enemy.
83. What is the treatment of
prisoners of war under
International Humanitarian
Law?
Prisoners of war are persons enumerated
under Article 4 of the Third Geneva
Convention, who have fallen into the power
of the enemy.
Prisoners of war must at all times be
humanely treated. Prisoners of war must at
all times be protected, particularly against
acts of violence or intimidation and against
insults and public curiosity. Prisoners of
war are entitled in all circumstances to
respect for their persons and their honor.
Prisoners of war shall retain full civil
capacity which they enjoyed at the time of
their capture. Women shall be treated with
all the regard due to their sex and shall in all
cases benefit by treatment favorable as that
granted to men.
84. What is Neutrality?
Neutrality is a condition where a state does
not take part, directly or indirectly, in a war
between other states. Neutrality exists
during the time of war. Only states may
become neutral.
85. What is Neutralization?
Neutralization is a result of a treaty wherein
the duration and the other conditions of the
neutralization are agreed upon by the
neutralized state and other powers.
Neutralization operates both in times of
peace and in times of war.
86. What are the Rights and
Duties of Neutral States?
A neutral state has the right and duty to:
1. Abstain from taking part in the
hostilities and from giving assistance
o either belligerent;
2. Prevent its territory and other
resources from being used in the
conduct of hostilities by the
belligerents; and
3. Acquiesce in certain restrictions and
limitations that the belligerents may
find necessary to impose, especially
in connection with international
commerce
87. What are the Rights and
Duties of Belligerent States?
The belligerents are bound to:
1. Respect the status of the neutral
state; and
2. Submit to any lawful measures it
makes to maintain or protect its
neutrality.
88. What are the rights of
Neutral Territories?
War activities by or on behalf of any of the
belligerents may not be undertaken in the
territory of the neutral state. Neutral
territories cannot be used by the
belligerents for the movement of troops,
transports of military supplies, erection of
wireless stations for exclusively military
purposes, recruiting soldiers and military
operations.
89. What is contraband?
Contraband is a term applied to goods
which, although neutral property, may be
seized by a belligerent because they are
useful for war and are bound for a hostile
destination.
90. What is the Doctrine of
Ultimate Consumption?
The Doctrine of Ultimate Consumption
provides that goods intended for civilian use
which may be ultimately find their way to
and be consumed by the belligerent forces
are also liable to seizure on the way.
91.What is the Doctrine of
Infection?
The Doctrine of Infection provides that
contraband shipped together with innocent
goods belonging to the same owner may be
confiscated.
92. What is the Doctrine of
Ultimate Destination?
The Doctrine of Ultimate Destination
provides that liability of contraband to
capture is determined not by their
ostensible but by their real destination.
93. What is the Doctrine of
Continuous Voyage?
The Doctrine of Continuous Voyage
provides that when the goods are reloaded
at the intermediate port on the same vessel.
94. What is the Doctrine of
Continuous Transport?
The Doctrine of Continuous Transport
provides that when the goods are reloaded
on another vessel or other form of
transportation.
95. What is a Blockade?
A Blockade is a hostile operation by means
of which the vessel and aircraft of one
belligerent prevent all other vessel’s
including those of neutral states, from
entering or leaving the ports or coats of the
other belligerent, the purpose being to shit
off the place from international commerce
and communication with other states.
96. What is an Unneutral
Service?
An Unneutral Service consists of acts, of a
more hostile character than carriage of
contraband or breach of blockade, which are
undertaken by merchant vessels of a neutral
state in aid of any of the belligerents.
97. What is an Angary?
By the right of angary, a belligerent may,
upon payment of just compensation, seize,
use or destroy, in case of urgent necessity
for purposes of offenses or defense, neutral
property found in its territory, in enemy
territory, or on the high seas.
98. When is Neutrality
terminated?
Neutrality is terminated: When the neutral
state itself joins the war; or Upon the
conclusion of peace.
99. What are baselines?
The baseline is the all-water line along the
coast as marked on large scale charts
officially recognized by the coastal State. It
is a line from which the width of the
territorial sea is measured.
100. What are the two ways of
drawing the baseline?
The two ways of drawing the baseline are:
the normal baseline and the straight
baseline.
101. What is the normal
baseline?
The normal baseline is the line that follows
the curvatures of the coast and therefore
would normally not consist of straight lines.
 102. What is the straight
baseline?
The straight baseline is drawn connecting
selected points on the coast without
appreciable departure from the general
shape of the coast. Under R.A. 3046, R.A.
5446 and R.A. 9522, straight baselines are
drawn around the Philippines.
103. What is an archipelagic
state?
An archipelagic state is a state constituted
wholly by one or more archipelagos and
may include other islands.
104. What is the straight
archipelagic baseline?
An archipelagic state may draw straight
archipelagic baselines joining the outermost
points of the outermost islands and drying
reeds of the archipelago provided that
within such baselines are included the main
islands and an area in which the ratio of the
area of the water to the area of the land,
including atolls, is between 1 to 1 and 9 to 1.
105. What is archipelagic
water?
Waters enclosed by the archipelagic
baselines drawn in accordance with Article
47 of UNCLOS, regardless of their depth or
distance from the coast.
106. What is an archipelagic
sea lanes passage?
It is the exercise of the rights of navigation
and over flight in the normal mode solely
for the purpose of continuous, expeditious
and unobstructed transit between one part
of the high seas or an exclusive economic
zone and another part of the high seas or an
exclusive economic zone.
107. What are the internal
waters?
Internal waters are all waters landwards
from the baseline of the territory.
Sovereignty over internal waters is the same
as sovereignty over land, and internal
waters are not subject to the right of
innocent passage. When straight baseline is
established, enclosing areas as internal
waters which neither were nor previously
considered as part of internal waters, a
right of innocent passage shall exist in
those areas or waters.
108. What is the territorial
sea?
The territorial sea is a belt of sea outwards
from the baseline and up to 12 nautical
miles beyond. Sovereignty of a coastal state
extends to the air space over the territorial
sea as well as to its bed and subsoil, but
sovereignty over the territorial sea is
exercised subject to UNCLOS and other
rules of international law. When the
application of the 12-mile rule to
neighboring littoral states results in
overlapping, a median line equidistant
from the opposite baselines will be applied
instead. However, the median-line rule does
not apply where historic title or other
special circumstance requires a different
rule of delimitation of territorial seas.
109. What is the exclusive
economic zone?
The exclusive economic zone is an area
extending not more than 200 nautical miles
beyond the baseline. The coastal state has
rights over the economic resources of the
sea, seabed and subsoil, but the right does
not affect the right of navigation and over
flight of other states.
110. What is a Continental
shelf?
A continental shelf, archipelagic shelf or
insular shelf for archipelagos, refers to the
seabed and subsoil of the submarine areas
adjacent to the coastal state but outside the
territorial sea, to a depth of 200 meters, or,
beyond the limit, to where the depth allows
exploitation, and the seabed and subsoil of
areas adjacent to islands.
 111. What is an extended
continental shelf?
Under the United Nations Convention on
the Law of the Sea (UNCLOS), the
continental shelf is that part of the seabed
over which a coastal State exercises
sovereign rights with regard to the
exploration and exploitation of natural
resources including oil and gas deposits as
well as other minerals and biological
resources of the seabed. The legal
continental shelf extends out to a distance
of 200 nautical miles from its coast, or
further if the shelf naturally extends beyond
that limit. Where the continental shelf
extends beyond 200 nautical miles a State is
required by UNCLOS (Article 76) to make a
submission to the Commission on the
Limits of the Continental Shelf (CLCS). This
submission sets out the coordinates of the
outer limits of the shelf and is accompanied
by technical and scientific data to support
the claim. The Commission assesses the
limits and data submitted by the coastal
State and makes recommendations. The
outer limits of the continental shelf
established by a coastal State based on these
recommendations are final and binding.
112. What is the International
Tribunal for the Law of the Sea?
The International Tribunal for the Law of
the Sea is the tribunal which has jurisdiction
over all disputes and all applications
submitted to it in accordance with the
UNCLOS and all matters specifically
provided for in any other agreement which
confers jurisdiction on the Tribunal.
113. What international law
governs for the protection of
the environment?
The international law which it governs for
the protection of the environment is the
1972 in the UN Conference on the Human
Environment which was signed by 113
states.
114. What is the Principle 21 of
the Stockholm Declaration?
The Principle 21 of the Stockholm
Declaration provides that States have, in
accordance with the Charter of the United
Nations and the principles of international
law, the sovereign right to exploit their own
resources pursuant to their own
environmental policies, and the
responsibility to ensure that activities
within their jurisdiction or control do not
cause damage to the environment of other
States or of areas beyond the limits of
national jurisdiction.
115. What is International
Economic Law?
International economic law, broadly
conceived, is a field of international law that
encompasses both the conduct of sovereign
states in international economic relations,
and the conduct of private parties involved
in cross-border economic and business
transactions. This includes, among other
things, international trade law, law of
international financial institutions (or what
is known as international financial law, and
traditional private international law fields.
Additionally, international economic law
includes the following fields: Regional
Economic Integration, such as the European
Union, ASEAN and other regional trade
organizations; International law and
development; International commercial
arbitration; International intellectual
property law; International business
regulation.
116. What are the principles
which govern International
Environmental Law?
The general principles in International
Environmental Law are:
1. Sovereign Rights over Natural
Resources and Responsibility not
to cause environmental damage
2. Principle of Preventive Action
3. Principle of Co-operation
4. Principle of Sustainable
Development
5. Precautionary Principle
6. Polluter-Pays Principle
7. Principle of Common but
Differentiated Responsibility