PUBLIC INTERNATIONAL LAW

MODERN DEFINITION
Public International Law is a body of principles, norms and processes which deals with the conduct of
states and of international organizations and governs their conduct affecting the interests of the
international community of States as a whole.

TRADITIONAL DEFINITION
Public International Law is the body of rules and principles of action which are binding upon civilized
states in their relation to one another

Private International Law

Private International Law (Conflict of Laws) which is that part of the municipal law of a State, which
directs its courts and administrative agencies, when confronted with a legal problem involving a foreign
element, whether or not foreign law/s will be applied.

IS PUBLIC INTERNATIONAL LAW A REAL LAW?

EXAGGERATED NOTION OF SOVEREIGNTY AS EMBODYING AN INDIVIDUALISTIC REGIME
(There is no law binding sovereign states, nor is there an international legislative, executive and judicial
authority)
V.
CULTURE OF COMPLIANCE
(According to Louis Henkin, states develop the habit of compliance, and establish laws and institutions
that make compliance normal and routine. States recognize that stability, law and order, reliability and
therefore that they have a more or less enlightened self-interest in compliance)

THEORIES OF INTERNATIONAL LAW

COMMAND THEORY. Law consists of command originating from a sovereign and backed up by
threats of sanction if disobeyed. On the basis of this view, PIL is not a law because it does not
come from a command of a sovereign.
CONSENSUAL THEORY. Under this theory, international law derives its binding force from the
consent of states. Treaties are an expression of consent. Likewise, custom, as voluntary
adherence to common practise, is seen as expression of consent.

NATURAL LAW THEORY. The natural law theory posits that law is derived by reason from the
nature of man. PIL is said to be an application of natural reason to the nature of the state-
person.

PRAGMATIC THEORY. There is general respect for law and also there is concern about the
consequences of defiance either to oneself or to the larger society. PIL is a law because it is seen
as such by states and other subjects of international law.

BASIS OF INTERNATIONAL LAW

NATURAL LAW SCHOOL. This theory postulates natural moral law as the basis of PIL. The natural
moral law is said to be the voice of conscience, a rule of human conduct implanted by God in the
very nature of man. Through this law, a man is supposed to do whatever is right and to avoid
whatever is evil. Thus, Samuel Pufendorf has expressed the opinion that laws not in conformity
with the moral nature of man cannot be binding on sovereign states.
POSITIVIST SCHOOL. The only basis of PIL is the common consent of States. This common
consent according to Alberico Gentili can be found in acquiescence to customs.

ECLECTIC/GROATIAN SCHOOL. PIL is premised both on the natural moral law and on common
consent (rules of positive origin). This is the school of thought mostly sided by scholars. A State,
after all, consists of rational human beings; it must therefore be guided by rules of moral
 conduct. Upon the other hand, a State is bound by its treaty commitments and by international
legal customs

DEVELOPMENT OF INTERNATIONAL LAW

Early traces of PIL may be characterized into two:

1. It has for its general objective the establishment of peace among the general populace
of ancient Rome. This is evident from the exchange of diplomatic emissaries and peace
treaty

2. It seeks to establish rules common to all men coming from different nations. The
progressive rules of jus gentium, seen as a law common to all men, became the law of
the vast Roman empire

Modern international law began with the birth of nation-states in the Medieval Age. Hugo
Grotius (Dutch) is considered as the father of modern international law. He referred to the term
law of nations in his work De Jure Belli ac Pacis which was later given the name international
law by Jeremy Bentham.

Prior to Grotius, other IL authors were

1. Alberico Gentili, Oxford Professor of Roman Law (De Jure Belli)

2. Francisco de Vittoria (Spanish theologian) and Francisco Suarez (Jesuit theologian)

3. Samuel Pufendorf (De Jure Naturae Gentium)

4. Emerich de Vattel (The Law of Nations)

Other significant milestone in the development of PIL

1. The Peace of Westphalia which established a treaty based framework for peace
cooperation. It was at this time that pacta sunt servanda arose.

2. Congress of Vienna (1815) which ended the Napoleonic Wars and created a
sophisticated system of multilateral political and economic cooperation.

3. Covenant of the League of Nations (1920) which included the Treaty of Versailles
which ended World War I. In the aftermath of World War I, the victors decided to
create an institution designed to prevent the recurrence of world conflagration. Thus,
the League of Nations was born. The League created the Permanent Court of
International Justice.

4. The failure of the League of Nations, the Second World War, and the subsequent
establishment of the United Nations Organization in 1945. This marked the shift of
power away from Europe and the beginning of a truly universal institution. This
universalization was advanced by decolonization which resulted in the expansion of
the membership of UN. New states, carrying a legacy of bitterness against colonial
powers, became members of the UN. It was during this period that three major
groupings of state arose:

The Western states (First World), mostly industrialized states

Socialist camp led by the Soviet Union (Second World)

The developing countries (Third World), consisted mainly of former

colonies suffering from underdevelopment, along with newly
industrializing countries
SOURCES OF INTERNATIONAL LAW

SOURCES OF INTERNATIONAL LAW UNDER ARTICLE 38(2) OF THE STATUTE OF THE INTERNATIONAL
COURT OF JUSTICE

PRIMARY SOURCES
1. International conventions, whether general or particular, establishing rules expressly recognized
by contesting states
2. International custom, as evidence of a general practice accepted as law
3. The general principles of law recognized by civilized nations
SECONDARY SOURCES
1. Subject to the provisions of Article 59, judicial decisions and the teachings of the most highly
qualified publicists of the various nations
2. The Court may decide a case ex aequo et bono (principle of equity), if the parties agree thereto

INTERNATIONAL CONVENTIONS
Treaties (Conventional International Law) determine the rights and duties of states just as
individual rights are determined by contracts. Their binding force comes from the voluntary
decision of sovereign states to obligate themselves to a mode of behaviour
o Obligations erga omnes v. Obigations inter se. Obligations erga omnes pertains to the
obligation of every State towards the international community as a whole. Obligations
inter se are those which a State owes another state.

o Bilateral v. Multi-lateral treaties

o NOTE: While treaties are generally binding only on the parties, the number of the
contracting parties and the generality of the acceptance of the rules created by the
treaty can have the effect of creating a universal law in much the same way that
general practice suffices to create customary law

o Lawmaking treaties v. Contractual Treaties. Contractual treaties (Traites contracts) are

concluded on short-term, particular questions and they terminate their validity after
they have fulfilled their purpose. Lawmaking treaties (Traites-lois), on the other hand,
relate to a broad sphere of relations and are concluded for long-term purposes.

INTERNATIONAL CUSTOMS
International customs is a general and consistent practice of states followed by them from a
sense of legal obligation. It has two basic elements: (a) the material factor, that is, how states
behave, and (b) psychological or subjective factor, that us, why the states behave the way they
do
The Material Factor: Practice of States or Usus. The initial factor for determining the existence
of custom is the actual behaviour of states (usus). This includes several elements: duration,
consistency, and generality/uniformity of the practice of states.

The Psychological or Subjective Factor: Opinio Juris (sive necessitates) or the belief that a certain form
of behaviour is obligatory, is what makes a practice an international rule. Without it, practice is not a
custom, thus not an international law.

Evidence of state practice and opinion juris: treaties, diplomatic correspondence, statements of
national leaders and political advisers, as well as the conduct of states. (Bernas). Treaties and decisions
of international and municipal tribunals. It may take the form of relevant legislation and diplomatic
correspondence (Magallona). The existence of opinion juris is a matter of proof. The burden of
proving its existence falls on the state claiming it
The principle of persistent objector. When a state continues to object to a new customary norm at the
time when it is yet in the process of formation, by such persistent objection, the norm will not be
applicable as against that State.

Is there such a thing as instant custom?

o Martens Clause. First found in the 1899 Hague Peace Convention and was inserted by
Russian publicist Fyodor Martens which states that: Until a more complete code of
laws of war has been issued, the High Contracting Parties deem it expedient to declare
that, in cases not included in the Regulations adopted by them, the inhabitants and
belligerent remain under the protection and the rule of the principles of the law of
nations as they result from the usages established among civilized peoples, from the
law of humanity, and the dictates of the public conscience.

TREATIES V. CUSTOMS

Jus cogens v. Jus dispositivum. Jus cogens is a peremptory norm of international law from
which no derogation is permitted and which can be modified only by a subsequent norm of
international law having the same character. It stands on a higher category than a jus
dispositivum norm which States can set aside or modify by agreement

If a treaty comes later than a jus dispositivum norm, the treaty shall prevail. A treaty
manifests a deliberate choice of the parties and the principle of pacta sunt servanda should be
followed

If the treaty comes later than a jus cogens norm, the custom shall prevail

If the treaty comes later than a jus dispositivum norm, it is NOT CERTAIN which will prevail

GENERAL PRINCIPLES OF LAW RECOGNIZED BY CIVILIZED NATIONS

EXAMPLES

1. Every violation of an engagement involves an obligation to make a reparation

2. Private rights acquired under one regime does not cease upon change of government

3. The principle of estoppel

OTHER SUPPLEMENTARY SOURCES

UN Resolutions. Declarations of legal principles and Resolutions by the United Nations are
generally considered merely recommendatory. But if they are supported by all the states, they
are an expression of opinion juris communis.

Soft Law. Non-treaty agreements which Includes administrative rules

which guide the practice of states in relation to international organizations. If carried out
consistently and uniformly, they may eventually ripen into customary law or become
formalized later on in treaties
INTERNATIONAL LAW V. MUNICIPAL LAW

DUALIST OR PLURALIST THEORY. The dualist theory affirms that the two legal systems
(international law and municipal law) are distinct and separate from each other, each supreme
in its own sphere and level of operation. The two legal systems being separate, international
law becomes binding on states by incorporation of general norms of international law, or by
the transformation of conventional rules of international law into municipal law.

Under the Theory of Incorporation, the general or customary norms of international

law is considered as part of municipal law and are to be enforced as such without
regard as to whether they are enacted as statutory or legislative rules or not.

Under the Theory of Transformation, it is understood that rules of international law

are not part of municipal law unless they are so transformed by legislation. Hence, it
is by virtue of such legislation that such rules become domestic law.

MONISTIC THEORY OR MONISM. International law and domestic law belong to only one
system of law. It adheres to the theory of unity of the two legal systems, both international
law and municipal law being manifestations of one and the same body of legal norms binding
on states as well as individuals.

How do you resolve a conflict between international law and municipal law?

SUBJECTS & OBJECTS OF INTERNATIONAL LAW

Subjects of international law directly possess rights and obligations in the international legal
order, thus they are deemed to possess international legal personality.

Objects of international law are those who indirectly have rights under or are beneficiaries of
internal law through subjects of international law, hence, they are not vested with international
legal personality.

SUBJECTS OF INTERNATIONAL LAW

General or objective international personality. Rights and obligations are conferred by general
international law and such personality is binding erga omnes

Particular or special international personality. Their legal personality is only recognized by

those which gives consent (express or tacit)

1. Insurgents gain the status of being a subject of international law if they satisfy
the material field of application of the 1977 Protocol II to the 1949 Geneva
Convention. This requires two requisites: (a) the armed dissident must be under
responsible command, and (b) they must exercise such control over a part of its
territory as to enable them to carry out sustained and concerted military
operations

2. National Liberation Movements are organized groups fighting in behalf of a

whole people for freedom from colonial powers. Characteristics: (a) they can be
based within the territory which they are seeking to liberate or they might find a
base in a friendly country, and (b) their goal is self-determination. Their
legitimacy comes from their goal: to free themselves from colonial domination,
or a racist regime or foreign occupation.

3. Individuals. As a rule, individuals may assume the status of subjects of

international law but on the basis of agreements by states and in specific
 context, not in accordance with general or customary international law, such as
in the following cases:

Under the Rome Statute which created the International Criminal Court, in war crimes
and crimes against humanity, international law imposes duties and liabilities upon
individuals and states alike

Under UNCLOS, an individual who has exploitation rights over a disputed area may file a
claim before the Sea-Bed Disputes Chamber of the International Tribunal for the Law of
the Sea

In the Claims Settlement Declaration of 1981 between US and Iran, an individual who
has a monetary claim of more than $250,000 may directly file an action before the Iran-
US Claims Tribunal

INCOMPLETE SUBJECTS OF
INTERNATIONAL LAW

1. Protectorates. They are dependent states which have control over their internal affairs but
whose external affairs are controlled by another state. They were sometime referred to as
autonomous states, vassal states, semi-sovereign or dependent states.

2. Federal state. This is a union of previously autonomous entities. Various arrangements are
possible. One arrangement may involve placing full-authority in a central organ while another
arrangement might lodge authority in the individual entities to the detriment of the central
organ. The central organ will have personality in international law but the extent of
personality of the component entities can be a problem.

3. Mandated and Trust Territories. Mandated territories were territories placed by the League of
Nations under one or other of the victorious allies of World War I. The Mandate System was
replaced by the trusteeship system after the World War II under the Trusteeship Council.

4. Taiwan

5. The Sovereign Order of Malta. The Italian Court of Cassation in 1935 recognized its
international personality. Currently, it has diplomatic relations over forty states.

6. The Holy See and Vatican City. In 1929, the Lateran Treaty was signed with Italy which
recognized the state of the Vatican City for the purpose of assuring to the Holy See absolute
and visible independence and of guaranteeing to it absolute and indisputable sovereignty in the
field of international relations.
STATE AS SUBJECT OF INTERNATIONAL LAW

Under the Montevideo Convention of 1933 on Rights and Duties of States: The state
as a person of international law should possess the following qualifications: (a)
permanent population, (b) a defined territory, (c) government, and (d) the capacity to
enter into relations with other states.

Under the (Third) Restatement on the Foreign Relations Law of the United States, an
entity may satisfy the territorial requirement of statehood even if its boundaries have
not been finally settled, if one or more of its boundaries are disputed, or some of its
territory is claimed by another state. An entity does not necessarily cease to be a state
even if all its territory has been occupied by a foreign power or if it has otherwise lost
control of its territory temporarily

Government as an element of state. For purposes of international law, it is the national

government that has the legal personality and is internationally responsible for the
actions of other agencies and instrumentalities of a state.

Sovereignty as an element of State. It means independence from outside control

which is expressed in positive terms in the Montevideo Convention, thus, the
capacity to enter into relations with other States. This element of sovereignty is
dependent upon recognition

An entity may possess all the elements of a state but if one or more states do not
extend recognition to it, the entity would not be able to establish relations with those
states. Conversely, even if an entity does not possess all the elements of a state, it
may enjoy the status of a full-fledged state if recognized by a family of nations.

TWO VIEWS REGARDING RECOGNITION OF STATES

DECLARATORY THEORY . Recognition is merely declaratory

of the existence of the state and that its being a state depends upon its possession of
the required elements and not upon recognition. A recognizing state merely accepts
an already existing situation.

CONSTITUTIVE THEORY. Recognition constitutes a state, that

is, it is what makes a state and confers legal personality on the entity.

RECOGNITION OF GOVERNMENTS

It means the act of acknowledging the capacity of an entity to exercise the

powers of government of a state.

If a new state is recognized, it carries with it the recognition of its government

If a change in government in an existing state comes about through ordinary

constitutional procedure, recognition by others comes as a matter of course

If a change in government of an existing states comes about through extra-

constitutional processes, the recognition of that government is dependent on the
exercise of political judgment of the recognizing state
SUCCESSION OF STATES

CAUSES: Decolonization, Dismemberment of an existing state,

Secession, Annexation, and Merger

SUMMARY OF RULES: When a state succeeds another state

with respect to particular territory, the capacities, rights and duties of the predecessor state with
respect to the territory terminate and are assumed by the successor state.

STATE PROPERTY: Subject to agreement between predecessor

and successor state, title passes as follows:

Where part of the territory of a state becomes territory of another state,

property of the predecessor state located in that territory passes to the
successor state;

Where a state is absorbed by another state, property of the absorbed state,

wherever located, passes to the absorbing state;

Where part of a state becomes a separate state, property of the predecessor

state located in the territory of the new state passes to the new state

PUBLIC DEBTS. Subject to the agreement between the states concerned, responsibility for the
public debt of the predecessor, and rights and obligations under its contracts remain with the
predecessor state, except as follows:

Where part of the territory of a state becomes territory of another state, local
public debt and the rights and obligations of the predecessor state under the
contract relating to their territory are transferred to the successor state;

Where a state is absorbed by another state, the public debt, and rights and
obligations under contracts of the absorbed state, is passed to the absorbing
state

Where part of the state becomes a separate state, local public debt and rights
and obligations of the predecessor state under contracts relating to the territory
of the new state, pass to the new state.

TREATIES. They are governed by the Vienna Convention, thus

When part of the territory of a state becomes territory of another state, the
international agreements of the predecessor state ceases to have effect in
respect of the territory and the international agreements of the successor state
come into force there (Moving treaty rule or Moving boundaries rule.
Affected party may seek relief under rebus sic stantibus)

When a state is absorbed by another state, the international agreements of the

absorbed state are terminated and the international agreements of the
absorbing state become applicable to the territory of the absorbed state.
Affected party may seek relief under rebus sic stantibus;

When a part of a state becomes a new state, the new state does not succeed to
the international agreements to which the predecessor state was party, unless,
expressly or by implication, it accept such agreements and the other
 party/parties thereto agree or acquiesce (Clean slate theory or rule of non-
transmissibility)

Pre-existing boundary and other territorial agreements continue to be binding

notwithstanding (Uti Possidetis rule)

FUNDAMENTAL RIGHTS OF STATES

1. RIGHT TO INDEPENDENCE. The right to exercise within its territory, to the exclusion of
others, the functions of a state. This carries an implied duty that a state should not
interfere in the internal affairs of other states. Flowing from these rights are
Jurisdiction over its territory and population;
The right to self-defense; and
The right of legation.
2. RIGHT TO EQUALITY. It does not mean equality in political or economic power. It means
that there should be equality in the enjoyment of legal rights by states regardless of
their size or status as a state;

3. RIGHT AND DUTY OF PEACEFUL CO-EXISTENCE. This includes mutual respect for states
territorial integrity and sovereignty, mutual non-aggression, and mutual non-
interference

TERRITORIAL JURISDICTION OF STATES

MODES OF ACQUIRING TERRITORIAL SOVEREIGNTY

ORIGINAL MODES: (1) Occupation of a territory not subject to the sovereignty

of any other state, and (2) accession or accretion which is the natural process of
land formation resulting in the increase of territory

DERIVATIVE MODES: (1) Cession, which is the transfer of territory by treaty, and
(2) Prescription, by which title is acquired by effective occupation of the territory
over a period of time.

STATES JURISDICTION OVER PERSONS

JURISDICTION OVER PERSONS is the competence of a state to prescribe rules of

conduct, to enforce its legal processes, and to adjudicate controversies or
claims.

BASES OF EXERCISE OF JURISDICTION

1. TERRITORIALITY PRINCIPLE. State takes jurisdiction over persons or

events within its territory. Under the Effects doctrine, a state has
jurisdiction over acts occurred outside its territory but having effects
within it. The first could exercise jurisdiction under the objective
territorial principle while the latter could likewise claim jurisdiction by
virtue of subjective territorial principle.

2. NATIONALITY PRINCIPLE. A state may exercise jurisdiction over its

nationals regardless of wherever they may be. It is based on the theory
that a national is entitled to the protection of his state wherever he may
be and is, therefore, bound to it by a duty of obedience and allegiance.

Doctrine of Effective Nationality Link. The basis of

determining which state has the right to give diplomatic
protection to the holder of a dual nationality: Real and
prior connection or bond with one of the states in the
form of becoming wedded to its tradition, its interests,
 its way of life or of assuming the obligations --- other
than fiscal obligations --- and exercising the rights
pertaining to the status thus acquired.

How about de jure and de facto stateless persons? (See

Mejoff v. Director of Prisons, 90 Phil 70)

3. PROTECTIVE PRINCIPLE. This is exemplified in Article 2 of the Revised

Penal Code where the Philippines claim extraterritorial jurisdiction over
crimes committed abroad which are prejudicial to its national security or
vital interests, even when they are perpetrated by non-nationals.

4. UNIVERSALITY PRINCIPLE. A state may exercise jurisdiction over crimes

committed without respect to the nationality of the offender, on the
ground that such crimes are declared as international crimes by the
international community as a whole and thus are prohibited by
international law

5. PASSIVE PERSONALITY PRINCIPLE. By this principle, a state may

exercise jurisdiction against foreign nationals who committed injurious
acts against its citizens within the territory of another state. (E.g
offenses committed aboard an aircraft under the Tokyo Convention on
Offenses Aboard Aircraft)

MODES OF RESOLVING
CONFLICT OF JURISDICTION

BALANCING TEST. A state shall only exercise jurisdiction when the matter
involved substantially affect its interest. The effects on its interests must be
sufficiently strong to justify an assertion of extraordinary authority.

INTERNATIONAL COMITY. Even when a state has basis for exercising

jurisdiction, it will refrain from doing so if its exercise will be unreasonable.

FORUM NON CONVENIENS. If the application of rule on venue or proper

jurisdiction (domicile of the parties, locus contractus) will result to a real
unfairness on the part of one of the parties, the doctrine may be applied.

EXTRADITION

Extradition is an act or process by which a State, in compliance with a formal demand or request,
surrenders to another State an alleged offender or a fugitive criminal who has sought refuge in
the territory of the first State, in order to stand trial or to complete his prison term.

It may be executed (1) through diplomatic negotiation based on comity or friendly relations
between the two States concerned, or (2) by means of an extradition treaty

There are two kinds of fugitives: (1) fugitive political offender, and (2) fugitive
criminals.

Two types of extradition treaties: (1) the classical type which specified the
offenses for which extradition is provided, and (2) the modern type which
contains no list of offenses but provides for extradition in all cases where the
offense is punishable in both the demanding and surrendering States.

FUNDAMENTAL PRINCIPLES GOVERNING EXTRADITION

1. Extradition is based on the consent of the state of asylum as expressed in a

treaty or manifested as an act of goodwill
 2. Under the treaty of specialty, a fugitive who is extradited may be tried only for
the crime specified in the request for extradition and included in the list of
offenses in the extradition treaty.

3. Any person may be extradited, whether he be a national of the requesting state,

of the state of refuge, or of another state.

4. Political and religious offenders are generally not subject to extradition. In

order to constitute an offense of a political character, there must be two or more
parties in the state, each seeking to impose the government of their own choice
on the other But under the attentat clause, the murder of the head of a state
or a member of his family is not to be regarded as a political offense for
purposes of extradition

5. In the absence of special agreement, the offense must have been committed
within the territory or against the interests of the demanding state

6. The act for which the extradition is sought must be punishable in both the
requesting and requested states under what is known as the rule of double
criminality.

FIVE POSTULATES OF EXTRADITION

(United States v. Judge Purganan,

G.R. No. 148571, 24 September 2002)

1. Extradition Is a Major Instrument for the Suppression of Crime.

2. The Requesting State Will Accord Due Process to the Accused

3. The Proceedings Are Sui Generis

An extradition proceeding is summary in nature while criminal proceedings involve a

full-blown trial. In contradistinction to a criminal proceeding, the rules of evidence in an
extradition proceeding allow admission of evidence under less stringent standards. In
terms of the quantum of evidence to be satisfied, a criminal case requires proof beyond
reasonable doubt for conviction while a fugitive may be ordered extradited upon
showing of the existence of a prima facie case. Finally, unlike in a criminal case where
judgment becomes executory upon being rendered final, in an extradition proceeding,
our courts may adjudge an individual extraditable but the President has the final
discretion to extradite him.

4. Compliance Shall Be in Good Faith.

5. There Is an Underlying Risk of Flight

After being taken into custody, potential extraditees may apply for bail. Since the applicants have a
history of absconding, they have the burden of showing that (a) there is no flight risk and no danger to
the community; and (b) there exist special, humanitarian or compelling circumstances. In extradition
cases, bail is not a matter of right; it is subject to judicial discretion in the context of the peculiar facts of
each case.
Principle of state/international responsibility

BASIC PRINCIPLES REGARDING STATES SUABILITY

DOCTRINE OF SOVEREIGN IMMUNITY. A state enjoys immunity from the exercise of jurisdiction
by another State

RESTRICTIVE OR QUALIFIED DOCTRINE OF SOVEREIGN IMMUNITY. The immunity does not

apply with respect to a States activities of commercial nature. (Note: Acta jure imperii and acta
jure gestionis)

ACT OF STATE DOCTRINE. The courts of one country will not sit in judgment of the acts of the
government of another done within its territory.

PRINCIPLE OF STATE/INTERNATIONAL RESPONSIBILITY

When a state commits an act which is characterized by international law as wrongful, it

may be held internationally responsible therefor. To be internationally responsible, the
wrongful act of a state may consists of two elements: (a) an act or mission is attributable
to the State under international law; and (b) that the conduct or act is a breach of an
international obligation on the part of that State.

RELATED PRINCIPLES

PRINCIPLE OF OBJECTIVE RESPONSIBILITY. By objective responsibility is meant one

arising from breach of duty by reason of the result alone of the act or omission as the
cause without regard as to whether there is fault or culpa. Blameworthiness is
irrelevant. In other words, without regard to fault or culpa, responsibility is
established by result of a wrongful act

Under the PRINCIPLE OF ATTRIBUTION, the act of the organs or officials of a state is
attributable to that state. This is true even if the acts of its officials are ultra vires or
contrary to its internal law.

RESPONSIBILITIES OF THE ERRING STATE

1. Continue performing the obligation breached

2. Cease from performing with the wrongful act and to offer assurances that it will not be repeated

3. Make reparation in the form of

Restitution. The responsible state is under duty to re-establish the situation

which existed before it committed the wrongful act

Compensation. Payment of financially assessable damage

Satisfaction which may consists of acknowledgement of the breach, an

expression of regret or formal apology.

Reprisal is an act of self-help by the injured State, acts in retaliation for acts
contrary to international law on the part of the offending state, which have
remained unredressed after a demand for amends.

Retortions are unfriendly, discourteous or unfair acts in retaliation to acts of the

same or similar kind, but they are not unlawful.