PUBLIC INTERNATIONAL LAW – WEEK 1

UNITED NATIONS CHARTER

Preamble
 Oath of the peoples of the U.N. determined to:
o Establish justice and respect and to promote social progress
and better standards of life
o To practice tolerance and live together in peace
o To unite and maintain international peace and security
o To ensure that the armed force will only used to save the
common interest
o To employ promotion of the economic and social advancement

Chapter 1: Purposes and principles

Article 1 – Purposes
 To maintain international peace and security through effective
measures and peaceful means
 To develop friendly relations among nations
 To achieve international cooperation in solving international problems
 To be a centre for harmonizing the actions of nations

Article 2 – Principles
 Principle of the sovereign equality of all its members
 All members shall fulfill in good faith the obligations assumed by them
 All members shall settle international disputes by peaceful means
 All members shall refrain from threatening and using force against
territorial integrity or political independence of any state
 All members shall give the UN every assistance in any action and
shall refrain from giving assistance to any state against the UN is
taking preventive or enforcement action
 Organization shall ensure that non-members of the UN act within
accordance with these Principles to maintain international peace and
security
 Nothing contained in the present Charter shall authorize the United
Nations to intervene in matters which are essentially within the
domestic jurisdiction of any state or shall require the Members to
submit such matters to settlement under the present Charter; but this
principle shall not prejudice the application of enforcement measures
under Chapter Vll.
Chapter 2: Membership
Article 3
 Original members shall be the states which participated in the UN
Conference on International Organization at San Francisco or;
 Having previously signed the Declaration by United Nations of Jan 1,
1942

Article 4
 Membership is open to all other peace-loving states which accept the
obligations contained in the Charter and are willing to carry out these
obligations
 Admission will be effected by decision of the General Assembly upon
the recommendation of the Security Council

Article 5
 Member of the UN against preventive or enforcement action =
suspended from exercise of rights and privileges of membership
 This may be restored by the Security Council

Article 6
 Member who violates the principles may be expelled from the
Organization

Chapter 3: Organs
Article 7
 Principal organs of the UN: GA, Security Council, Economic and
Social Council, Trusteeship Council, International Court of Justice,
and Secretariat
 Subsidiary organs may be found necessary to be established

Article 8
 No restrictions on the eligibility of men and women to participate

Chapter 4: The GA
Article 9 – Composition
Article 10-17 – Functions and Powers
Article 18-19 – Voting
Article 20-22 – Procedure
Chapter 5: Security Council
Article 23 – Composition
Article 24-26 – Functions and Powers
Article 27 – Voting
Article 28-32 – Procedure

Chapter 6: Pacific Settlement of Disputes

Article 33-38

Chapter 7: Action with Respect to Threats to the Peace Breaches of the

Peace, and Acts of Aggression

Chapter 8: Regional Arrangements

Chapter 9: International Economic and Social Cooperation

Chapter 10: The Economic and Social Council

Chapter 11: Declaration Regarding Non-Self-Governing Territories

Chapter 12: International Trusteeship System

Chapter 13: Trusteeship Council

Chapter 14: The International Court of Justice

Chapter 15: The Secretariat

Chapter 16: Miscellaneous Provisions

Chapter 17: Transitional Security Arrangments

Chapter 18: Amendments

Chapter 19: Ratification and Signature

STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

 Established by the Charter of the UN as the principal judicial organ of
the UN
 Composed of a body of independent judges, elected, regardless of
their nationality, who possess the qualifications required such as
competence in international law
 15 members, no 2 may be nationals of the same State, a national in
which he ordinarily exercises civil and political rights
 Members of the Court shall be elected by the General Assembly and
by the Security Council
 Before making nominations, each national group is recommended to
consult its highest court of justice, legal faculties, and schools of law,
and its national academies, and academies devoted to the study of
law
 Secretary-General shall prepare a list of the persons eligible and
submit to the General Assembly and to the Security Council
 No member of the Court may exercise any political or administrative
function or engage in any other occupation of a professional nature.
Any doubt on this point shall be settled by the decision of the Court
 Members of the Court, when engaged on the business of the Court,
shall enjoy diplomatic privileges and immunities
 Every member shall solemnly declare in open court that he will
exercise his powers impartially
 Whenever a treaty or convention in force provides for reference of a
matter to a tribunal to have been instituted by the League of Nations,
or to the Permanent Court of International Justice, the matter shall, as
between the parties to the present Statute, be referred to the
International Court of Justice.
 The Court, whose function is to decide in accordance with
international law such disputes as are submitted to it, shall apply:
o international conventions, whether general or particular,
establishing rules expressly recognized by the contesting
states;
o international custom, as evidence of a general practice
accepted as law;
o the general principles of law recognized by civilized nations;
o subject to the provisions of Article 59, judicial decisions and the
teachings of the most highly qualified publicists of the various
nations, as subsidiary means for the determination of rules of
law.
 U.N. DECLARATION OF HUMAN RIGHTS
 Milestone document in the history of human rights
 Drafted by representatives with different legal and cultural
backgrounds from all regions of the world
 Widely recognized as having inspired, and paved the way for, the
adoption of human treaties applied today at global and regional levels

Preamble
 Recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of
freedom, justice and peace
 It is essential that human rights should be protected by the rule of law
 Determined to promote social progress and better standards of life in
larger freedom
 Pledged themselves to achieve, in cooperation with the UN, the
promotionof universal respect for and observance of human rights
and fundamental rights and fundamental freedoms
 A common understanding of these rights and freedoms is of the
greatest importance for the full realization of this pledge

Article 1
 All human beings are born free and equal in dignity and rights
 Endowed with reason and conscience and should act towards one
another in a spirit of brotherhood

Article 2
 Everyone is entitled to all the rights and freedoms
 Without distinction of any kind (race, color, sex, language, religion,
political, national, social, origin or birth or status, etc.)
 No distinction shall be made on the basis of the political, jurisdictional
or international status of the country or territory to which a person
belongs, whether it be independent, trust, non-self-governing or
under any other limitation of sovereignty.

Article 3
 Everyone has the right to life, liberty and security of person.

Article 4
  No one shall be held in slavery or servitude; slavery and the slave
trade shall be prohibited in all their forms.

Article 5
 No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.

Article 6
 Everyone has the right to recognition everywhere as a person before
the law.

Article 7
 Equal protection

Article 8
 Right to effective remedy by the competent national tribunals

Article 9
 No one shall be subjected to arbitrary arrest, detention or exile.

Article 10
 Right to a fair and public hearing by an independent and impartial
tribunal

Article 11
 Innocent until proven guilty
 No law against an action = not a crime (Nullum crimen

Article 12
 Right to protection of the law against such interference or attacks

Article 13
 Right to freedom of movement and to leave any country to return to
his country

Article 14
 Right to seek and to enjoy in other countries asylum from prosecution

Article 15
  Right to a nationality and right to change his nationality

Article 16
 Right to marry and to found a family
 Marriage entered into only with free and full consent of the spouses

Article 17
 Right to own property alone
 No one shall be arbitrarily deprived of his property

Article 18
 Right to religious freedom, thought, and conscience

Article 19
 Right to freedom of opinion and expression

Article 20
 Right to freedom of peaceful assembly and association
 No one may be compelled to belong to an association

Article 21
 Right to take part in the government of his country
 Right of equal access to public service in his country

Article 22
 Right to social security

Article 23
 Right to work, to free choice of employment, to just and favourable
conditions of work, to protection against unemployment
 Right to equal pay for equal work
 Right to form and join trade unions for the protection of his interests

Article 24
 Right to rest and leisure

Article 25
 Right to a standard of living adequate for the health and well-being of
himself and of hi family
  Motherhood and childhood are entitled to special care and
assistance. Applies to all children to enjoy the same social protection
even those born out of wedlock

Article 26
 Right to education

Article 27
 Right to freely participate in the cultural life of the community
 Right to enjoy art and to share scientific advancements and its
benefits
 Right to the protection of the moral and material interests of the
author

Article 28
 Everyone is entitled to a social and international order

Article 29

 Everyone has duties to the community in which alone the

free and full development of his personality is possible.
 In the exercise of his rights and freedoms, everyone shall be
subject only to such limitations as are determined by law
solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting
the just requirements of morality, public order and the
general welfare in a democratic society.
 These rights and freedoms may in no case be exercised
contrary to the purposes and principles of the United
Nations.

Article 30

 Nothing in this Declaration may be interpreted as implying

for any State, group or person any right to engage in any
activity or to perform any act aimed at the destruction of any
of the rights and freedoms set forth herein.

CASES
BARCELONA TRACTION, LIGHT, AND POWER CO. CASE (BELGIUM
V. SPAIN) [1970]
Barcelona Traction, Light and Power Company was a Canadian company
that operated provided light and power utilities in Spain. This company was
mostly owned by Belgian holding companies. Since Barcelona Traction had
foreign investors, the company issued several series of bonds. However,
the Spanish Government later banned the transfer of foreign currency from
Spain which led to the bankruptcy of the company. Belgium, on behalf of
the Belgians who had invested in the company, sued Spain. Belgium stated
that Spain was responsible for violation of international law that caused
injury to the corporation and its Belgian shareholders. In the issue of this
case that WON Belgium has the right to use its diplomatic protection for the
Belgian shareholders of a Canadian company, the ICJ or International
Court of Justice rejected the request of the Belgian government and
declared that Belgian is not qualified to stand before the Court because it
does not have jus standi (recognized rights to exercise diplomatic
protection for its nationals). The ICJ recognized the right of states to bring
claims on behalf of their nationals who have been wronged by another. This
affirmed the principle of diplomatic protection, allowing states to acct on
behalf of their citizens or corporations in international dispute.

Notes:
 The Court made a distinction between 2 separate entities: 1) The
company, 2) The shareholders. These are ruled by different laws
since the company is Canadian and the shareholders are Belgians.
 The Court emphasized the fact that the harmful acts attributable to
Spain aimed at the company’s rights and not at the shareholders’ own
rights

PHARMCEUTICAL AND HEALTHCARE ASSOCIATION OF THE

PHILIPPINES V. DUQUE [OCTOBER 9, 2007]
The Revised Implementing Rules and Regulations or RIRR specifically
forbids the advertising, promotion, sponsorship, and marketing of
breastmilk replacements for babies and young children. Officials from the
respondents’ Department of Health revised and enlarged the Milk Code
using the RIRR. Petitioner claimed that the Revised implementing Rules
and Regulations of the Milk Code (RIRR) is illegal due to its
unconstitutional provisions that go beyond the statute it is intended to
enforce. Respondents stated that this implements a number of international
agreements and instruments and that these foreign accords are considered
part of the law of the land under the Constitution’s Doctrine of Incorporation
and must be implemented through the RIRR. The Court partially granted
the petition in this case and ruled that the international agreements as
mentioned by the respondents are NOT part of the law of the land and
thus, may NOT be implemented through the RIRR. In this case, the ICMBS
(World Health Assembly's International Code of Marketing of Breastmilk
Substitutes) and subsequent resolutions are only recommendatory and not
legally binding. According to WHO, WHA decisions are not legally
enforceable and only have moral and political weight on particular health
concerns. The ICMBS itself states that the guideline governing the
marketing of breastmilk substitutes was approved as a recommendation
rather than a mandate. WHA resolutions have not been recognized as
domestic laws and cannot be deemed part of the law of the State and
cannot, also, be deemed customary international law since the respondents
have no proof the resolutions were implemented and accepted by a
majority of member states.

KURODA V. JALANDONI, G.R. NO. L-2662 (MARCH 26, 1949)

Petitioner, Sheginori Kuroda, was a former Lt. Gen. of the Japanese Army
and commanding Gen. of the Japanese forces during WWII. He was
charged before the Philippine Military Commission of War Crimes and for
committing atrocities against military and civilians during his command in
the Philippines. The military commission was established under EO 68 to
which petitioner argued was unconstitutional. Petitioner argued that the
military commission did not have the jurisdiction to try him because the PH
is not a signatory to the Hague Convention. He further argued that the US
is not a party interest in the case so the 2 US prosecutors cannot practice
law in the PH. The Court ruled that EO 68 is valid and constitutional. The
Court upheld the validity of the EO and emphasized on its alignment with
international law and the principles of the PH Const. The PH may not be a
signatory at that time but the rules and regulations of both are generally
accepted principles of international law

MEJOFF V. DIRECTOR OF PRISONS, G.R. NO. L-4254 (SEPTEMBER

26, 1951)****
The petitioner, Boris Mejoff, is an alien of Russian descent who was a
secret Japanese operative during WWII. He was arrested as a Japanese
spy by the US Army and later was handed to the commonwealth
government. He was found to have entered the country illegally. There
were repeated failures to ship him abroad so he was transferred to the
Bilibid prison in Muntinlupa. The Court held that temporary detention was a
necessary step in the expulsion of undesirable aliens and the government
has the right to hold such alien under confinement. The petitioner
questioned his detention as he alleged that it was unreasonable and was
against Universal Declaration of Human Rights. The Supreme Court denied
his petition since there was no evidence of any illegality or infringement of
rights. The Court did not find any breach of human rights in this case, as it
determined that the Director of Prisons acted within the bounds of the law
in keeping Mejoff in detention. There was no evidence to suggest that the
detention was arbitrary, excessively prolonged, or otherwise violating the
fundamental rights of the petitioner. Therefore, the claim for habeas corpus
was denied.

NORTH SEA CONTINENTAL SHELF CASES, [1969] ICJ REP.

6 states maintained continental shelf claims in the North Sea (UK, France,
Norway, Germany, Netherlands, and Belgium). The North Sea is a
resource-rich and economically important body of water off the coast of
Europe. The case involved a dispute over the boundary delimitation of the
continental shelf in the North Sea between Germany, Denmark, and the
Netherlands. The issue was about how the boundaries of the continental
shelf (an area of seabed and subsoil extending beyond a country's
territorial sea) should be determined between the three countries,
especially for the purpose of exploiting natural resources. The dispute
arose because Germany and its two neighbors, Denmark and the
Netherlands, could not agree on the method to use for delimiting the
continental shelf. Germany proposed that the boundary should be drawn
based on the equidistant principle, which means the boundary should be
placed at a midpoint between the coastlines of the parties involved.
However, Denmark and the Netherlands rejected this principle, arguing for
a different method of delimitation. The Court held that Germany was not
bound by the provisions of the 1958 Convention on the Continental Shelf
because Germany was not a signatory. Thus, Denmark and Netherlands
had no basis to compel Germany to delimit their disputed boundary via
equidistance. The ICJ concluded that there was no established customary
rule requiring the use of the equidistant method and that states should
negotiate a solution based on the principles of equity.
NICARAGUA V. UNITED STATES, [1986] ICJ REP.
The U.S. has economic and diplomatic relations with Nicaragua but due to
Nicaraguan support to El Salvador guerillas relating to logistical support
and weapons. The case arose out of the Nicaraguan government's
complaint against the United States for its involvement in acts of military
and paramilitary aggression in Nicaragua during the 1980s. The United
States had been supporting Contra rebels (a group seeking to overthrow
the Sandinista government of Nicaragua) and engaging in activities such as
mining Nicaragua's harbors and ports, which led to extensive damage.
Nicaragua brought a claim before the ICJ, accusing the United States of
violating international law, specifically the Principles of Non-Intervention
and the Use of Force under the Charter of the United Nations. The ICJ
ruled in favor of Nicaragua, finding that the United States had indeed
violated several aspects of international law by supporting the rebellion in
Nicaragua.

Fisheries Jurisdiction Case (United Kingdom v. Iceland), [1973] ICJ Rep.

Namibia Case, [1971] ICJ Rep.
Danube Dam Case (Hungary v. Slovakia), 37 ILM 162 (1998)
The Tinoco Arbitration (Great Britain v. Costa Rica), 1923
Upright v. Mercury Business Machines Co., 1961

GUIDE QUESTIONS

• What is International Law? Can International Law be enforced?

• Distinguish between the traditional and contemporary definition of
International Law.
• What is the scope of International Law? What are the topics covered by
it?
• What are the entities included in the international community?
• Distinguish between public international law from private international law.
• Distinguish between an object from a subject of International Law.
• What are limited subjects of International Law? Can individuals be
subjects?
• What are the different theories on the basis of International Law?
• What is dualism and monism?
• What are the doctrines of transformation and incorporation and which
does the Philippines adopt?
What are the provisions of the 1987 Constitution that relate to International
Law?
• In Philippine jurisdiction, is the Constitution superior to a treaty?
• What are the sources of International Law based on the Statute of the
International Court of Justice?
What are the subsidiary means of determining International Law?
• What is jus cogens? What are examples of jus cogens norms? How do
you distinguish jus cogens from jus dispositivum?
• What are erga omnes obligations? What are examples of erga omnes
obligations?
• What is “soft law?” Is “soft law” the same as customary international law?
• What are the elements of an international custom? Is duration a
necessary element? What is
the important element? What is opinio juris?
• What are the elements of statehood according to the Montevideo
Convention of 1933?
o Are these States? Taiwan, Vatican City, Palestine, and Sovereign Order
of Malta
• What are the rights of States? (Memorize)
• What are the different classifications of States?
• How can statehood be extinguished?
• What are the principles of State continuity and succession? What
happened to the U.N.
Security Council seats of the Republic of China and the U.S.S.R.?
• What are the kinds and consequences of State succession?
United Nations
• Why was the U.N. established? What are the principal organs of the
U.N.? Describe each.
• What are specialized U.N. agencies? Give examples.
• Does the admission of a State to the U.N. mean recognition by all
members?
• Are all States in the world already members of the U.N.? Can a State
terminate its U.N. membership?