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United Nations Convention on the Law of the Sea (UNCLOS)

- It defines the rights and obligations of nations in their use of the world's
oceans, establishing rules for business, the environment and the
management of marine natural resources.

-Uniform breadth of 10 miles for the territorial sea, a contiguous zone of 18

miles from the outer limits of the territorial sea , and economic zone or
patrimonial sea extending 200 miles from the low- water mark of the coastal

-The conference have dealt with such controversial matters a the breadth
of the territorial seas, use of straits for international navigation,
continental shelf, concept of an exclusive economic zone, freedom of the
high seas, status of archipelagos and regime of islands.
1 st conference: held in 1956-58 at Geneva Switzerland
2 nd Conference: held in 1960 at Geneva Switzerland
3 rd conference: held in 1970 by the UN which resulted in the adoption
of a new convention of the Law of the Sea and became effective on:
November 16, 1994, signed in Jamaica, 119 out of 150 conference-
states

BASELINE

- It is a line from which the breadth of the territorial sea, the contiguous zone
and the exclusive economic zone is measured in order to determine the
maritime boundary of the coastal State.

Q: How is a baseline formed in the following?

A:
1. Mouths of Rivers – If a river flows directly into the sea, the baseline shall be
a straight line across the mouth of the river between points on the low‐ water
line of its banks. (Article 9, UNLOS)
2. Bays – Where the distance between the low‐water marks of the natural
entrance points:
a. Does not exceed 24 nautical miles – closing line may be drawn
between these two low‐water marks, and the waters enclosed thereby
shall be considered as internal waters. (Article 10 [4], UNCLOS)
b. Exceeds 24 nautical miles – straight baseline of 24 nautical miles
shall be drawn within the bay in such a manner as to enclose the
maximum area of water that is possible with a line of that
length. (Article 10 [5], UNCLOS)

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Bay - It is a well‐marked indentation whose penetration is in such proportion

to the width of its mouth as to contain land‐locked waters and constitute
more than a mere curvature of the coast. (Article 10 (2), UNCLOS)

Archipelago - It means a group of islands, including parts of islands,

interconnecting waters and other natural features which are so closely
interrelated that such islands, waters and other natural features form an
intrinsic geographical, economic and political entity, or which historically have
been regarded as such (Article 46, UNCLOS)

Archipelagic State - A state constituted wholly by one or more archipelagos

and may include other islands. (Article 46, UNCLOS)

CONTIGUOUS ZONE - The contiguous zone is the zone adjacent to the

territorial sea, which the coastal State may exercise such control as is
necessary to (1) prevent infringement of its customs, fiscal, immigration, or
sanitary laws within its territory or its territorial sea or (2) to punish such
infringement. The contiguous zone may not extend more than 24 nautical
miles beyond the baseline from which the breadth of the territorial sea is
measured (twelve nautical miles from the territorial sea [Article 33, UNCLOS).

EXCLUSIVE ECONOMIC ZONE - It gives the coastal State sovereign rights

over all economic resources of the sea, sea‐bed and subsoil in an area
extending not more than 200 nautical miles beyond the baseline from which
the territorial sea is measured. (Magallona, 2005; Articles 55 & 57, UNCLOS)

BELLIGERENCY - This exists when the inhabitants of a State rise up in arms

for the purpose of overthrowing the legitimate government or when there is a
state of war between two states.

Q: What are the requisites in recognizing Belligerency?

A: TWOS
1. There must be an Organized civil government directing the rebel forces.
2. The rebels must occupy a substantial portion of the Territory of the
state.
3. The conflict between the legitimate government and the rebels must be
Serious, making the outcome uncertain.
4. The rebels must be willing and able to observe the laws of War.

Q: What are the legal consequences of belligerency?

A:
1. Before recognition, it is the legitimate government that is responsible
for the acts of the rebels affecting foreign nationals and their properties.
Once recognition is given, responsibility is shifted to the rebel

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government.
2. The legitimate government is bound to observe the laws and customs
of war in conducting the hostilities.
3. From the viewpoint of third States, is to put them under obligation to
observe strict neutrality and abide by the consequences arising from
that position.
4. Recognition puts the rebels under responsibility to third States and to
the legitimate government for all their acts which do not conform to the
laws and customs of war.

RECOGNITION OF STATES

Recognition - It is an act by which a State acknowledges the existence of

another State, government, or a belligerent community and indicates its
willingness to deal with the entity as such under international law.

Two theories
1. Constitutive theory – recognition is the last indispensable element that
converts the state being recognized into an international person.
2. Declaratory theory – recognition is merely an acknowledgment of the
pre‐ existing fact that the state being recognized is an international
person.

Who has the authority to recognize?

It is a matter to be determined according to the municipal law of each

State. In the Philippines, it is the President who determines the question
of recognition and his decisions on this matter are considered acts of
state which are, therefore, not subject to judicial review. His authority in
this respect is derived from his treaty‐making power, his power to send
and receive diplomatic representatives, his military power, and his right
in general to act as the foreign policy spokesman of the nation. Being
essentially discretionary, the exercise of these powers may not be
compelled.

Distinguish recognition of State from recognition of government.

1. Recognition of State carries with it the recognition of government

since the former implies that a State recognized has all the essential
requisites of a State at the time recognition is extended. Once
recognition of state is accorded, it is generally irrevocable.

2. Recognition of government may be withheld from a succeeding

government brought about by violent or unconstitutional means.

What are the requirements for recognition of government?

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1. The government is stable and effective, with no substantial

resistance to its authority
2. The government must show willingness and ability to discharge its
international obligations
3. The government must enjoy popular consent or approval of the
people

Tobar or Wilson Doctrine - It precludes recognition to any government

coming into existence by revolutionary means so long as the freely elected
representatives of the people thereof have not constitutionally reorganized
the country.

Estrada Doctrine - It involves a policy of never issuing any declaration giving

recognition to governments and of accepting whatever government is in
effective control without raising the issue of recognition. An inquiry into
legitimacy would be an intervention in the internal affairs of another State.

Effects of recognition
A: VIP Ces
1. The recognized State acquires Capacity to enter into diplomatic
relations. Recognized State acquires capacity to sue in courts of
recognizing State.
2. Immunity from jurisdiction of courts of law of recognizing State.
3. Entitled to receive and demand possession of Properties situated within
the jurisdiction of the recognizing State which are owned by recognized
State.
4. Validity of the acts and decrees of recognized state/ government
precluding courts of the recognizing state from passing judgment on
the legality of the acts or decrees of the recognized state

CHIVALRY DOCTRINE - Prohibits the belligerents from the employment of

treacherous methods, such as the illegal use of Red Cross emblems.

WAR DOCTRINE

War - It is contention between two States, through their armed forces, for the
purpose of overpowering the other and imposing such conditions of peace
as the victor pleases.

Two categories of the Laws of War

Jus in bello – also known as the law of war. The provisions of

international humanitarian law apply to the warring parties irrespective
of the reasons for the conflict and whether or not the cause upheld by
either party is just. It regulates only those aspects of international law,

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which are of humanitarian concern.

Jus ad bellum or jus contra bellum ‐ known as the law on the use of
force or law on the prevention of war. The application of humanitarian
law does not involve the denunciation of guilty parties as that would be
bound to arouse controversy and not paralyze implementation of the
law, since each adversary would claim to be a victim of aggression. IHL
is intended to protect war victims and their fundamental rights, no
matter to which party they belong.

Is the UN Charter committed to the outlawing of war?

A: Yes. Under the UN Charter, the use of force is allowed only in two
instances, to wit, in the exercise of the inherent right of self‐defense and in
pursuance of the so‐called enforcement action that may be decreed by the
Security Council.

Q: How is war commenced?

A: With the: 1. Declaration of war 2. Rejection of an ultimatum 3. Commission

of an act of force regarded by at least one of the parties as an act of war.

Q: What is a declaration of war?

A: A communication by one State to another informing the latter that the
condition of peace between them has come to an end and a condition of war
has taken place.

EXTRADITION vs. DEPORTATION

Extradition is effected at the request of the State of origin.

Based on offenses committed in the State of origin
Calls of the return of the fugitive to the State or origin

Deportation is a unilateral act of the local State.

Based on causes arising in the local State.
Undesirable alien may be deported to a State other than
his own or the State of origin (1995 Bar Question)

COMBATANTS vs. PRISONERS OF WAR

Combatants - those who engage directly in the hostilities.

- Members of the armed forces except those not actively
engaged in combat
- The irregular forces, such as the guerrillas, provided that:
a. They are commanded by a person responsible for
his subordinates
b. They wear a fixed distinctive sign

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c. They carry arms openly; and

d. They conduct their operations in accordance with
the laws and customs of war.

Prisoners of War - Under Article 4, Geneva Convention (III), prisoners

of war are persons belonging to one of the following categories:

1. Members of the armed forces of a party to the

conflict, including militias or volunteer corps;
2. Militias or volunteer corps operating in or outside
their own territory, even if such territory is occupied
provided:
3. They are being commanded by a person responsible
for his subordinates;
4. Have a fixed distinctive sign recognizable at a
distance;
5. Carries arms openly;
6. Conducts their operations in accordance with the
laws and customs of war;
7. Members of regular armed forces who profess
allegiance to a government or authority not recognized
by the detaining power;
8. Civilians who accompany the armed forces,
provided that they have received authorization from
the armed forces which they accompany;
9. Members of crews of merchant marine and the
crews of civil aircraft of the parties to the conflict;
10. Inhabitants of a non-occupied territory who on the
approach of the enemy spontaneously take up arms to
resist the invading forces, without having had time to
form themselves into regular armed units, provided
they carry arms openly and respect the laws and
customs of war;
11. Persons belonging to the armed forces of the
occupied territory

EXCLUSIVE ECONOMIC ZONE vs. CONTIGUOUS ZONE

CRIMES OF AGGRESSION is a specific type of crime where a person plans,

initiates, or executes an act of aggression using state military force that

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violates the Charter of the United Nations. The act is judged as a violation
based on its character, gravity, and scale.
Acts of aggression include invasion, military occupation, annexation by the
use of force, bombardment, and military blockade of ports.

FUNCTIONS OF SECURITY COUNCIL OF UNITED NATIONS

1. to maintain international peace and security in accordance with

the principles and purposes of the United Nations;
2. to investigate any dispute or situation which might lead to
international friction;
3. to recommend methods of adjusting such disputes or the terms of
settlement;
4. to formulate plans for the establishment of a system to regulate
armaments;
5. to determine the existence of a threat to the peace or act of
aggression and to recommend what action should be taken;
6. to call on Members to apply economic sanctions and other
measures not involving the use of force to prevent or stop
aggression;
7. to take military action against an aggressor;
8. to recommend the admission of new Members;
9. to exercise the trusteeship functions of the United Nations in
"strategic areas";
10. to recommend to the General Assembly the appointment of
the Secretary-General and, together with the Assembly, to elect
the Judges of the International Court of Justice.

EXAMPLES OF CRIMES AGAINST HUMANITY

(a) Murder;
(b) Extermination;

(c) Enslavement;

(d) Deportation or forcible transfer of population;

(e) Imprisonment or other severe deprivation of physical liberty in

violation of fundamental rules of international law;

(f) Torture;

(g) Rape, sexual slavery, enforced prostitution, forced pregnancy,

enforced sterilization, or any other form of sexual violence of
comparable gravity;

(h) Persecution against any identifiable group or collectivity on political,

racial, national, ethnic, cultural, religious, gender as defined in
paragraph 3, or other grounds that are universally recognized as

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impermissible under international law, in connection with any act

referred to in this paragraph or any crime within the jurisdiction of the
Court;

(i) Enforced disappearance of persons;

(j) The crime of apartheid;

(k) Other inhumane acts of a similar character intentionally causing

great suffering, or serious injury to body or to mental or physical health.

Q: What is the ICC?

A: The ICC is an independent judicial institution created by the treaty known

as Rome Statute with the power to try and punish individuals for the most
serious crimes of international concern:

1. Genocide
2. Crimes against humanity
3. Crimes of aggression, and
4. War crimes.

Q: What is the jurisdiction of the ICC?

A: The Rome Statute gives the ICC jurisdiction over the most serious crimes
of international concern if they are committed after July 1, 2002, either by:

1. By a citizen of a State that accepts the statute or

2. By a person of any nationality on the territory of a State that accepts
the statute.

TREATY - It 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 instruments and whatever its particular
designation.

REQUISITES OF A VALID TREATY

1. Be entered into by parties with the treaty‐making Capacity

2. Through their Authorized representatives
3. Without the attendance of duress, fraud, mistake, or other Vice of consent
4. On any Lawful subject‐matter
5. In accordance with their respective constitutional process

What are the usual steps in the treaty‐making process?

1. Negotiation– conducted by the parties to reach an agreement on its

terms.

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2. Signature – the signing of the text of the instrument agreed upon by the
parties.
3. Ratification– the act by which the provisions of a treaty are formally
confirmed and approved by the State.
4. Accession– a State can accede to a treaty only if invited or permitted to do
so by the contracting parties. Such invitation or permission is usually given in
the accession clause of the treaty itself.
5. Exchange of instruments of ratification.
6. Registration with the United Nations.

Basis of extradition

The extradition of a person is required only if there is a treaty between the

State of refuge and the State of origin. As a gesture of comity, however, a
State may extradite anyone. Furthermore, even with a treaty, crimes which
are political in character are exempted.

Q: What are the fundamental principles governing extradition?

1. Based on the consent of the State expressed in a treaty

2. Principle 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. He need not
be a citizen of the requesting State 4. Political or religious offenders are
generally not subject to extradition.

Note: Attentant clause is a provision in an extradition treaty which

states that the murder or assassination of the head of a state or
any member of his family will not be considered as a political
offense and therefore extraditable.

5. The offense must have been committed within the territory of the
requesting State or against its interest 6. Double Criminality Rule – The
act for which the extradition is sought must be punishable in both
States

PROCESS OF EXTRADITION

1. File/issue request through diplomatic representative with: a. Decision

of conviction b. Criminal charge and warrant of arrest c. Recital of facts
d. Text of applicable law designating the offense e. Pertinent papers

2. DFA forwards request to DOJ

3. DOJ files petition for extradition with RTC

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4. Upon receipt of a petition for extradition and its supporting

documents, the judge must study them and make, as soon as possible,
a prima facie finding whether (a) they are sufficient in form and
substance, (b) they show compliance with the Extradition Treaty and
Law, and (c) the person sought is extraditable. At his discretion, the
judge may require the submission of further documentation or may
personally examine the affiants and witnesses of the petitioner. If, in
spite of this study and examination, no prima facie finding is possible,
the petition may be dismissed at the discretion of the judge.

5. On the other hand, if the presence of a prima facie case is

determined, then the magistrate must immediately issue a warrant for
the arrest of the extraditee, who is at the same time summoned to
answer the petition and to appear at scheduled summary hearings.

6. Hearing (provide counsel de officio if necessary);

7. Appeal to CA within ten days whose decision shall be final and

executory;

8. Decision forwarded to DFA through the DOJ;

9. Individual placed at the disposal of the authorities of requesting State

– costs and expenses to be shouldered by requesting State.

International economic law is based on the traditional principles of

international law such as:
1. Pacta sunt servanda;
2. Freedom;
3. Sovereign equality;
4. Reciprocity;
5. Economic sovereignty.

PACTA SUNT SERVANDA means that international agreements must be

performed in good faith. A treaty engagement is not a mere moral obligation
but creates a legally binding obligation on the parties.

STATE EQUALITY States are deemed equal just by their status as states
under international law. Sovereign equality is therefore juridical in nature in
that, all states are equal under international law in spite of asymmetries of
inequality in areas like military power, geographical and population size, levels
of industrialisation and economic development.

RECIPROCITY states that favours, benefits, or penalties that are granted by

one state to the citizens or legal entities of another, should be returned in

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kind.

In that sense it is equivalent action depends on an action or reaction of

another State. The equivalence does not require absolute reciprocity since, in
some cases, it is impossible to determine whether an action is exactly
equivalent to the other. For instance, it is difficult to measure the equivalence
between the promise of a State to defend another against a third State and
the authorisation of the allied State where the troops will be stationed.

ECONOMIC SOVEREIGNTY

When states began to function as politically independent and sovereign

entities, they realised that one of the most important attributes of state
sovereignty was economic sovereignty. Without this, political sovereignty was
not complete. Asserting economic sovereignty meant having control over
the economic activities of both juridical and natural persons conducting
business within the country, whether nationals of that country or
foreigners.

Owing to a number of historical reasons, many states inherited on

independence a situation in which foreign individuals or companies enjoyed
certain concessions or privileges or control over the economic activities of
the country concerned. In many states the natural resources and mining
rights were controlled by foreign companies or individuals under a
concession agreement entered into with the previous administration, whether
colonial or otherwise.

When the country concerned wished to embark on a policy of economic

development, one of the first initiatives it had to take was to consider
harnessing its natural resources in accordance with its economic policies. It
therefore became necessary for these states to assert sovereignty over
the natural resources of the country and require that foreign individuals
and companies comply with the new policy adopted by the state. In
many countries it was difficult to assert economic sovereignty without
doing away with the rights, concessions and privileges enjoyed by
foreign individuals and companies over the country’s natural resources.

However, developed countries whose nationals had gone overseas to invest

and do business resisted attempts to impose national law on foreigners. They
argued that existing concessions and contracts had to be honoured under
international law. It was at this juncture that the concept of permanent
sovereignty over natural resources was introduced in international law.

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