1. When may domestic courts refuse to give recognition to 2.
2. Discuss the ground and procedures for the revision of the
awards given by foreign arbitral tribunals?
Arbitral tribunals apply international law unless the parties
specify that some other law should be applied. Domestic courts,
however, may refuse to give recognition to awards given by foreign
arbitral tribunals on the following grounds:
1. the agreement to arbitrate was not valid under applicable law;
2. the party against which the award was rendered did not receive
proper notice of the proceedings or was otherwise not afforded an
opportunity to present its case;
3. the award deals with matters outside the terms of the agreement
to arbitrate;
4. the constitution of the arbitral tribunal or the arbitral procedure
was contrary to the agreement of the parties to the law of the state
where the arbitration took place;
5. the award has not yet become binding on the parties, or has been
suspended or set aside by a competent court in the state where it
was made;
6. under the law of the state, the subject matter of the controversy
is not capable of pecuniary estimation; or
7. under the law of the state, recognition or enforcement would be
contrary to public policy.
judgment of the ICJ
Article 61 (ICJ Statute)
1. An application for revision of a judgment may be made only
when it is based upon the discovery of some fact of such a nature as
to be a decisive factor, which fact was, when the judgment was
given, unknown to the Court and also to the party claiming revision,
always provided that such ignorance was not due to negligence.
2. The proceedings for revision shall be opened by a judgment of
the Court expressly recording the existence of the new fact,
recognizing that it has such a character as to lay the case open to
revision, and declaring the application admissible on this ground.
3. The Court may require previous compliance with the terms of the
judgment before it admits proceedings in revision.
4. The application for revision must be made at latest within six
months of the discovery of the new fact.
5. No application for revision may be made after the lapse of ten
years from the date of the judgment.
3. Discuss the requirements for a valid blockade
binding, i.e. duly communicated to the neutral states;
effective, meaning that it is maintained by adequate force so as to
make ingress to or egress from the port dangerous;
established by the proper authorities of the belligerent
government; d. limited only to the enemy territory; and
impartially applied to all states alike
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4. When is a neutral vessel liable to condemnation for
unneutral service?
a. if it is making a voyage special with a view to the transport of
individual passengers who are embodied in the armed forces of
the enemy or with a view of the transmission of information in
the interest of the enemy; or
b. if with the knowledge of the owner, or the one who charters the
entire vessel, or of the master, it is transporting a military
detachment of the enemy or one or more persons who, during
the voyage, lend direct assistance to the operations of the
enemy.
5. What is extradition? What principles govern extradition?
Extradition is the surrender of an individual by the state within
whose territory he is found to the state under whose laws he is
alleged to have committed a crime or to have been convicted of a
crime. It is a process that is governed by treaty. The legal right to
demand extradition and the duty to surrender a fugitive exist only
when created by treaty. The treaty may cover specific crimes only
or all offenses considered criminal by both states.
The following principles govern extradition:
1. No state is obliged to extradite unless there is a treaty;
2. Differences in legal system can be an obstacle to interpretation of
what the crime is; and
3. Religious and political offenses are not extraditable.
6. Discuss the “Act of State” doctrine. Is it a rule of
international law? Is it applicable in situations where the
validity of a foreign government act is not in issue?
Reasons.
The doctrine arises out of the relationship between the branches of
government in a system of separations of powers. It concerns the
competency of dissimilar institutions to make and implement
particular kinds of decisions in the area of international relations.
The act of the court in passing on the validity of foreign acts of state
may hinder rather than further the country’s pursuit of goals both
for itself and for the community of nations as a whole in the
international sphere.
7. Discuss the jurisdiction of a state over its nationals,
corporations, and maritime vessels
Nationality of natural persons
Each state has the right to decide who are its nationals using either
the principle of jus sanguinis or jus soli or naturalization laws.
But, to claim a person as a national, the state must have reasonable
connection or an “effective line” with that person. The consent of
the individual alone is not enough for him to be recognized by other
states as a national of the state to which he claims to belong.
Nationality of corporations
A state has jurisdiction over corporations organized under its laws.
Many states also assert jurisdiction over corps. whose principal
place of business or registered office is located within its
territories.
States have also sought to regulate corps. organized or having their
2
principal place of business abroad when these corps. are owned or
controlled by nationals. This last one is controversial.
Also more controversial: multi-national corps. which register
various addresses for diff. Purposes. But this does not interest us
because it is a subject for conflict of laws.
Nationality of maritime vessels
A state has jurisdiction over vessels flying its flag. Each state
determines requirements for registration. But flags of convenience
might be challenged on the ground of lack of sufficient link.
The same rule generally applies to aircraft and spacecraft.
Effective Nationality Link
The doctrine on effective nationality link is used to determine
which of two states of which a person is a national will be
recognized as having the right to give diplomatic protection to the
holder of dual nationality.
8. Enumerate at least 5 functions of the consular mission
1. Protecting in the receiving State the interests of the sending State
and of its nationals, within the limits permitted by int’l law;
2. Furthering the dev’t of commercial, economic, cultural, and
scientific relations bet. the sending state and the receiving state and
promoting friendly relations bet. them;
3. Ascertaining all lawful means, conditions, and developments in
the commercial, economic, cultural, and scientific life of the
receiving State, reporting thereon to the Gov’t of the sending state
and giving information to interested persons;
4. Issuing passports and travel documents to nationals of the
sending State, reporting thereon to the Gov’t of the sending State,
and visas or appropriate documents to persons wishing to travel to
the sending State;
5. helping and assisting nationals of the sending State;
6. acting as notary and civil registrar;
7. safeguarding the interests of national of the sending State in case
of succession mortis causa in the territory of the receiving State;
8. safeguarding the interests of minors and other persons lacking
full capacity who are nationals of the sending State, particularly
where any guardianship or trusteeship is required;
9. What is 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.
10. Discuss the proportionality principle
The entitlement to self-defense is subject to the conditions of
necessity and proportionality. Self- defense would warrant only
measures which are proportional to the armed attack and
necessary to respond to it.
The Proportionality Principle may not in itself exclude the use of
3
nuclear weapons in self-defense in all circumstances. But at the
same time, a use of force that is proportionate under the law of self-
defense, must, in order to be lawful, also meet the requirements of
the law applicable in armed conflict which comprise in particular
the principles and rules of humanitarian law.
11. What is the doctrine of national treatment?
The doctrine of “national treatment” or “equality of treatment” –
Aliens are treated in the same manner as nationals of the state
where they reside. Advantage: Aliens would enjoy the same benefits
as local nationals. Disadvantage: If the state is tyrannical and its
municipal laws are harsh and violative of human right even of its
own citizens, aliens would likewise be subject to such harsh laws.
12. Explain the statement “War was in law a natural function
of the state and a prerogative of its uncontrolled
sovereignty.”
It means that war was regarded by states as a necessary tool for the
preservation of its existence as well as for the proliferation of its
power. Take for example the Hellenic States, Roman Empire, as well
as the Persian Empire used war as a tool to occupy other territories
in order to propagate their population and cultures.
Hyde, writing in 1922, said: “It always lies within the power of a
State ... to gain political or other advantages over another, not
merely by the employment of force, but also by direct recourse to
war.” Early international law did not consider as illegal a war
admittedly waged for such purposes. It rejected, to that extent, the
distinction between just and unjust wars. War was in law a natural
function of the State and a prerogative of its uncontrolled
sovereignty.
13. Discuss the consequences of the commencement of
hostilities
Under the Hague Convention, for an armed conflict to be
considered a war in a legal sense, the hostilities should be preceded
by a declaration of war or an ultimatum with a fixed limit.
However, most armed conflicts have commenced without such a
declaration or ultimatum. Thus, while the Constitution gives the
legislature the power to declare the existence of a state of war and
to enact all measures to support the war, the actual power to make
war is lodged in the executive power. The executive power, when
necessary, may make war even in the absence of a declaration of
war. And as far as the UN Charter is concerned, there is no
provision requiring a declaration of war or an ultimatum. Normally,
however, the victims of the attack respond with a declaration of
war.
The commencement of hostilities results in the severance of all
normal relations. Political and economic treaties are terminated.
Treaties of a humanitarian character remain in force.
14. What are the functions of the diplomatic mission?
 Representing the sending State in the receiving State;
 Protecting in the receiving State the interest of the sending
State and of its nationals, within the limits permitted by
international law;
 Negotiating with the government of the receiving State;
 Ascertaining by all lawful means conditions and
developments in the receiving state, and reporting thereon
to the Government of the sending State;
4
  Promoting friendly relations between the sending State
and the receiving State, and developing their economic,
cultural and scientific relations.
2. “Minimum international standard” – However harsh the municipal
15. What are the types of legal disputes that the ICJ may
exercise its contentious jurisdiction on?
The states parties to the Statute of the ICJ may at any time declare
that they recognize as compulsory ipso facto and without special
agreement, in relation to any other state accepting the same
obligation, the jurisdiction of the Court in all legal disputes
concerning:
a. the interpretation of a treaty;
b. any question of international law;
c. the existence of any fact which, if established, would
constitute a breach of an international obligation;
d. the nature or extent of the reparation to be made for
the breach of an international obligation.
16. Discuss the 2 standards for the protection of aliens
Two standards have emerged in modern times to compete for
recognition as the acceptable standard:
1. The doctrine of “national treatment” or “equality of
treatment” – Aliens are treated in the same manner as
nationals of the state where they reside. Advantage: Aliens
would enjoy the same benefits as local nationals.
Disadvantage: If the state is tyrannical and its municipal
laws are harsh and violative of human right even of its own
citizens, aliens would likewise be subject to such harsh
laws.
laws might be against a state’s own citizens, aliens should be
protected by certain minimum standards of humane
protection. This is now the widely accepted standard.
17. When will the treatment of an alien constitute
international delinquency?
The treatment of an alien, in order to constitute an international
delinquency, should amount to an outrage, to bad faith, to willful
neglect of duty, or to an insufficiency of governmental action so far
short of international standards that every reasonable and
impartial man would readily recognize its insufficiency. (Neer Case)
18. Distinguish neutrality from neutralization
Neutrality must be distinguished from neutralization. While the
former is dependent solely on the attitude of the neutral state,
which is free to join any of the belligerents any time it sees fit, the
latter is the result of a treaty wherein the duration and the other
conditions of the neutralization are agreed upon by the neutralized
state and other powers. This agreement governs the conduct of
signatories whereas neutrality is governed by the general law of
nations. Neutrality, moreover, obtains only during war while
neutralization is intended to operate in time of peace as well as in
time of war. Finally, only states may become neutral but portions of
states, like islands, rivers and canals, may be utilized.
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19. How are conflicts of jurisdiction resolved?
The Balancing Test
In Timberlane Lumber Co. v. Bank of America? the question was
whether to assume jurisdiction in a Sherman Act case involving acts
emanating from Honduras. The court employed a tripartite analysis
to determine whether to assume jurisdiction or not. First, was there
an actual or intended effect on American foreign commerce. Second,
is the effect sufficiently large to present a cognizable injury to the
plaintiffs and, therefore, a civil violation of the anti-trust laws.
Third, are the interests of, and link to, the United States . . . including
effects on American foreign commerce sufficiently strong, vis-d-vis
those of other nations, to justify an assertion of extraordinary
authority. If the answer is yes to all these, then the court will
assume jurisdiction.
International Comity
Even when a state has basis for exercising jurisdiction, it will
refrain from doing so if its exercise will be unreasonable. This is
4 exception thereto
treated in Hartford Fire Insurance Co. v. California, but the
principle involved is summed up in Third Restatement §§ 403.
Unreasonableness is determined by evaluating various factors, such
as the link of the activity to the territory of the regulating state, the
connection, such as nationality, residence, or economic activity,
between the regulating state and the person principally responsible
for the activity to be regulated, the character of the activity to be
regulated, the existence of justified expectations that might be
protected or hurt by the regulation, the likelihood of conflict with
regulation by another state.
Forum non conveniensThe principle of forum non conveniens is well-
stated in the following excerpt from a Scottish decision:
If in the whole circumstances of the case it be discovered that there
is a real unfairness to one of the suitors in permitting the choice of
a forum which is not the natural or proper forum, either on the
ground of convenience of trial or the residence or domicile of
parties or of its being the locus contractus, or locus solutionis, then
the doctrine of forum non conveniens is properly applied.
20. Is bail available in extradition? Discuss with reasons
If after his arrest and if the trial court finds that an extraditee is not
a flight risk, the court may grant him bail. The Court emphasized
that bail may be granted to a possible extraditee only upon a clear
and convincing showing (1) that he will not be a flight risk or a
danger to the community, and (2) that there exist special,
humanitarian and compelling circumstances.
21. Discuss the Doctrine of State Immunity as well as the
STATE IMMUNITY
The state may not be sued without its consent. This is both
municipal law and also international law applicable to foreign
states.
Basis: Principle of equality of states: par in parem non habet
imperium. The perfect equality and absolute independence of
sovereigns and the common interest impelling them to mutual
intercourse have given rise to a class of cases in which every
6
sovereign is understood to waive the exercise of a part of that
complete exclusive territorial jurisdiction.
When is it applicable?
Immunity is reserved only for acts jure imperii (governmental acts)
but not for acts jure gestionis (trading and commercial acts).
When is it not applicable?
1. Trading and commercial acts of the government - A State may
be said to have descended to the level of an individual and can be
deemed to have tacitly given its consent to be sued only when it
enters into business contracts. It does not apply where the contract
relates to the exercise of its sovereign functions.
How to determine if it is a commercial act of the government – Ask
whether the foreign state is engaged in the activity in the regular
course of business. If the foreign state is not engaged regularly in a
business or trade, the particular act or transaction must then be
tested by its nature. If the act is in pursuit of a sovereign activity or
an incident thereof, then it is a governmental act, especially when
not undertaken for gain or profit.
2. When the public official acts contrary to law - The doctrine of
state immunity may also not be invoked where the public official is
made to account in his capacity as such for acts contrary to law and
injurious to the rights of plaintiff. The State authorizes only legal
acts by its officers, so that unauthorized acts of government officials
or officers are not acts of State. An action against them is not a suit
against the State within the rule of immunity of the State
22. Does a diplomatic agent enjoy immunity from civil and
administrative jurisdiction in the receiving state in all
cases? Reasons.
He shall also enjoy immunity from its civil and administrative
jurisdiction EXCEPT:
 in real actions relating to private immovable property situated
in the territory of the receiving State, unless he holds it on
behalf of the sending State for the purposes of the mission;
 in actions relating to succession in which the diplomatic agent
is involved as executor, administrator, heir, or legatee as a
private person;
 in actions relating to any professional or commercial activity
exercised by the diplomatic agent in the receiving State outside
of his official functions.
23. Enumerate the most commonly accepted bases for
challenging arbitral decisions
Grounds for challenging arbitral decisions:
 that the arbitral body exceeded its powers;
 that there was corruption on the part of a member of the body;
 that there was failure to state the reasons for the awards or a
serious departure from a fundamental rule or procedure; and
 that the undertaking to arbitrate or the compromis is a nullity.
7
24. Distinguish blockade from pacific blockade
Blockade is a hostile operation by means of which the vessels and
aircraft of one belligerent prevent all other vessels, including those
of neutral states, from entering or leaving the ports or coasts of the
other belligerent, the purpose being to shut off the place from
international commerce and communication with other states. It
differs from a pacific blockade, in that the latter applies only to the
vessels of the blockaded state and does not affect the vessels of
other states.
25. What determines the liability of a neutral vessel to capture
for breach of blockade
The liability of a neutral vessel to capture for breach of blockade is
contingent on its knowledge, actual or presumptive, of the blockade
and continues as long as it is pursued by the ships of the blockading
force after it has left or tried to enter the blockaded port. If the
pursuit is abandoned or the blockade is lifted, capture of the ship
can no longer be effected.
26. Enumerate and discuss the non-judicial or diplomatic
methods of settlement of international dispute
Negotiation
There are no set rules for negotiation. It may take place at arm’s
length or face to face. But for a negotiated settlement to be legally
binding, the parties must agree to it. The agreement to negotiate
may be formalized in a treaty or in a simple exchange of notes.
A preliminary step to negotiation might be “good offices” when a
third party tries to bring two disputants together. Having been
brought together, the usual first step, often required before judicial
settlement is negotiation. It may be carried out by diplomatic
correspondence, face-to-face dialogue between envoys or
negotiators. Essentially negotiation is a give-and-take process of
looking for a win-win solution.
Mediation
It involves the assistance by third parties who either act as bridge
between parties who do not meet, or who may sit with the
disputants to chair meetings, suggest solutions, cajole, etc. The
mediator must be approved by both parties.
Inquiry
It is a fact-finding done by a designated group of individuals or an
institution. When undertaken with the consent of the parties, it
frequently resolves disputes based solely on questions of fact.
Conciliation
It is a more formal technique whereby the parties agree to refer
controversies to an individual, a group of individuals, or an
institution to make findings of fact and recommendations. Parties
do not agree to be bound by the recommendations, but this clears
the air.
27. Doctrine of Continuous Transport
It means when the goods are reloaded on another vessel or other
form of transportation. (Note the opposite: doctrine of continuous
voyage - It means when the goods are reloaded at the intermediate
port on the same vessel)
8

28. Unneutral Service
It 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 belligerents.
According to the Declaration of London, and as generally accepted,
a neutral vessel is liable to condemnation for unneutral service.
29. When can a state be held responsible for an injury suffered
by an alien
There is a well-developed customary law for the protection of
aliens. The instrument used for the protection of aliens is
“diplomatic protection.” This is still based on the traditional notion
that the individual is an inappropriate subject of international law
and hence must have recourse to his or her state of nationality for
protection. The theory underlying the system is that injury to a
national abroad is injury to the individual’s state of nationality. The
interest of the state is in the redress of the injury to itself and not of
the injury to the individual. Individuals, therefore, are at the mercy
of their own state. States enjoy discretion whether or not to
espouse claims raised by individuals in their own behalf. States
might see their own sovereign interests as overriding whatever
private interests their nationals might have. Moreover, as indicated
in the Nottebohm case in Chapter 8, in the case of persons holding
dual nationality, an “effective national link” with the person must
exist for a state’s interest in an individual to be recognized by other
states.
30. What is an international dispute?
A dispute in international law is a technical term which means a
disagreement on a point of law or fact, a conflict of legal views or
interests between two persons.
A disagreement does not amount to a dispute if its resolution would
have no practical effect on the relationship between the parties. It
means that the dispute may result in the severance of diplomatic
relations.
31. Discuss the role of the Security Council in the settlement of
international disputes
Article 36
1. The Security Council may, at any stage of a dispute of the nature
referred to in Article 33 or of a situation of like nature, recommend
appropriate procedures or methods of adjustment.
2. The Security Council should take into consideration any
procedures for the settlement of the dispute which have already
been adopted by the parties.
3. In making recommendations under this Article the Security
Council should also take into consideration that legal disputes
should as a general rule be referred by the parties to the
International Court of Justice in accordance with the provisions of
the Statute of the Court.
Article 37
1. Should the parties to a dispute of the nature referred to in Article
33 fail to settle it by the means indicated in that Article, they shall
refer it to the Security Council.
9
2. If the Security Council deems that the continuance of the dispute have come to an end, the armed forces are bound by such
is in fact likely to endanger the maintenance of international peace declaration.
and security, it shall decide whether to take action under Article 36
or to recommend such terms of settlement as it may consider
appropriate.

32. What is arbitration?

It is the binding settlement of a dispute on the basis of law by a
non-permanent body designated by the parties.

The composition, jurisdiction, and the rules of procedure to be

applied are agreed upon by the parties in a compromis d’arbitrage.
States cannot be required to submit to arbitration unless there is a
previous agreement making arbitration compulsory.

33. What are the immediate effects of the outbreak of war?

The commencement of hostilities result in the severance of all
normal relations. Political and economic treaties are terminated.
However, treaties of a humanitarian character remain in force.

Nationals of a combatant state residing in enemy territory become

subject to restrictions which the enemy might impose subject to
limitations found in customary or treaty law. Merchant vessels
found in enemy territory are given a period of grace to depart.

The laws of armed conflict remain in effect until the conflict is

terminated. There is some conflict as to when armed conflict
actually ends. But the clearest method of termination is by means of
a peace treaty. Nevertheless, even in the absence of a peace treaty,
once the combatant states have made a declaration that hostilities

10