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Tanada v angara – illustration of impt in WTO, right and obligation of PH in WTO would have violated

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

Other source of intl obligations


State practice – customary law practice of states, evidence of a general practice accepted as law,
elements are subjective and objective, because of passage of time and weight given to the norm state
accept as obligatory, not necessarily treaty. Subjective - duration, uniformity, generality, opinion juris
Freedom of the High Seas, outer space, part of common heritage of mankind – customary international
law
Armed Conflict – 4 geneva conventions, conduct of warfare on land, sea, protecting civilians, prisoners
of war
distinction – rule of proportionality and distinction, distinguish combatants and non-combatants,
weapons you can’t use in armed conflict
ICRC – customary humanitarian law principles
International Court of Justice – apply 4 source of international obligation
Decisions of intl tribunal – hostis humani generis, enemy of mankind, filartiga v pena-irala, extra-judicial
killings in Paraguay, families of victims wanted to file a case against family of director-general, alien tort
law, US courts have jurisdiction they will proceed to decide a case
Marcos victims 10,000 use filartiga case
Human rights victims compensation law – compensation of human victims, claims board point system
Marcos v Manglapus – fragile political situation in the country

Terrorism – multi-lateral treaties


Personality – capacity of certain entities to possess rights and assume certain duties
State - Montevideo convention, people, territory, governments, capacity to enter into relations
Bangsamoro – Zamboanga MNLF, non-state entity
International organizations – UN, EU, ASEAN
Individuals – subject or object of international law
Nuremberg tribunal – person in a theater of war, leader or military commander committing any
atrocities in armed conflict will become personally liable, individual is subject of international law
International military tribunal of Cambodia, Yugoslavia, Rwanda
International Criminal court – pay by way of reparations
Corporations – subject or object, transnational coporations may be granted access to intl tribunal
pursuant to treaty based rule
Remedies – State to state, ICJ; State and transnational company internationalized contract, intl center
for settlement of investment disputes(ICSID), European union court of justice; state to state conflict
economic, WTO dispute settlement body exchange of goods and services; state to state seas, UNCLOS,
permanent court of arbitration; state and non-state entity armed conflict, ICJ, ICC; state rights of certain
persons, various treaty bodies on human rights, ICCPR;

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

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