several provisions in PH Consti, a multi-lateral trade agreement consistent with the Consti, reconciled
Art. 12 National Economy and Patrimony with commitments in WTO. Pacta sunt servanda, obligations
must be complied with in good faith.
Treaties – Article 7 Sec 20 loan agreements, not required ratification of Senate, only concurrence of
Monetary Board
Art. 7 Sec 21, signed and ratified, 2/3 votes of senate, if Congress requires majority vote in referendum
Bayan v. Zamora, VFA valid Art. 18 Sec. 25, yes honor guarantee by representative of USA
Art. 18 Sec 25, entry into agreements with another State, renew bases, any presence of military troops,
establishment of military bases
Peremtory norms of intl law – treaties against jus cogens, set of norms non-derogable under intl law, will
be void
Vienna Convention on the law of Treaties – unlawful use of force, commission criminal act, piracy,
genocide
Jurisdiction – every state has the capacity to pass certain rules, laws, regulations over a particular
territory
Territorial jurisdiction – state apply its laws, exercise power
Occupation and effective administration over the area.
Conquest no longer valid, east timor annexed by Indonesia
Cession – spain ceded ph 1898
Accretion – acquire property
Jurisdiction over persons and economic activity – principle of nationality, passive personality, security
principle, universality principle, objective territoriality
Extradition – move from one jurisdiction to another, no extradition in the absence of treaty, even if
there is still apply certain principles, double criminality which means if murder here it must be murder
there, progressive penalty, one to one correspondence.
Immunity from jurisdiction – certain persons, sovereign immunity, equality of states, act of state
doctrine, absolute or restrictive immunity of states, done in public capacity or private capacity;
diplomatic and consular immunity, basis for customary international law, or UN agencies
Responsibility of States
Internationally wrongful act – reparations by returning or paying
Agents of a state – may be made liable, executive, legislative or judicial
Perpetrator are rebels, not liable because duty by state to quell rebellion.. direct and indirect
responsibility
Nottebohm – effective nationality
Barcelona case – corporation
Grace poe case – who is a citizen
Use of force – offensive not allowed, defensive allowed