PUBLIC INTERNATIONAL LAW

JURISDICTION – the power or authority exercised by a State over land, persons, property, transactions, and events
– 2 types of Jurisdiction:
1. Prescriptive Jurisdiction - pertains to the ability of the State to define its own laws with respect to any matter it chooses. This
power of a State is generally unlimited.
2. Enforcement Jurisdiction - pertains to the ability of the State to enforce the law it has created. Unlike prescriptive jurisdiction,
enforcement jurisdiction is limited by several factors including territory and nationality. Enforcement jurisdiction cannot exist
without prescriptive jurisdiction.
JUDICIAL JURISDICTION - this is simply civil or criminal
 civil cases involving questions of jurisdiction are generally resolved under Private International Law
 questions of jurisdiction involving criminal cases are usually resolved using Public International Law
Bases of Jurisdiction (TNPUP):
1. Territorial Principle – Gen. Rule: While there is no territorial limit on the exercise of jurisdiction over civil matters, a State, as a general
rule, has criminal jurisdiction only over offenses committed within its territory, except over:
(i) continuing offenses;
(ii) acts prejudicial to the national security or vital interests of the State;
(iii) universal crimes; and
(iv) offenses covered by special agreement (although this is now obsolete).
 State Territory - a State's territory extends to its dependent territories, airspace, aircrafts, ships, and territorial sea. As for the
contiguous zone, exclusive economic zone, and continental shelf, a State may have limited jurisdiction over acts performed in
such area provided the acts violated the rights of the coastal State in that particular zone.
 Subjective v. Objective Territoriality
o Subjective territoriality - enables a State to take jurisdiction over an act which began in their territory.
o Objective territoriality - enables a State to take jurisdiction over an act which ended in its territory. [See: Lotus Case 1927
for a discussion on subjective and objective territoriality.]
2. Nationality Principle – The State has jurisdiction over its nationals anywhere in the world, based on the theory that a national is entitled to
the protection of the State wherever he may be, and thus, is bound to it by duty of obedience and allegiance, unless he is prepared ·to
renounce his nationality.
– This applies to civil matters, e.g., Article 15, Civil Code, which provides: "Laws relating to family rights and duties, or to the
status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad"; and also in
taxation.
– The principle does not apply to criminal offenses. [But see: Biackmer v. U.S., 284 U.S. 421, where the US Supreme Court
upheld a judgment for contempt against an American who refused to return from France to testify in the US.]
– Determination of Nationality:
 jus sanguinis – a child becomes a natural-born citizen if his parents are citizens, regardless of where he was born (e.g.
Philippines)
 jus soli – a child becomes a natural-born citizen if he is born on American territory, regardless of the nationality of his parents
3. Protective Principle - a State has jurisdiction over acts committed abroad (by nationals or foreigners) which are prejudicial to its national
security, territorial integrity, political independence, or any other vital interests.
 doctrine of indelible allegiance – an individual may be compelled to retain his original nationality notwithstanding that he has
already renounced or forfeited it under the laws of the second state whose nationality he has acquired [See: Joyce v. Director of
Public Prosecution, House of Lords, December 18, 1945, where a British national was deemed to owe continuing allegiance
(even after he renounced his nationality) under the doctrine of indelible allegiance, and thus, was successfully prosecuted for
treason committed abroad]
 Philippine Domestic Law - Under Article 2 of the Revised Penal Code, Philippine courts have criminal jurisdiction, over:
(i) offenses committed on board a Philippine ship or airship;
(ii) forgery/counterfeiting of Philippine coins or currency notes;
(iii) introduction into the Philippines of such forged or counterfeit coins or notes;
(iv) offenses committed by public officers or employees in the exercise of official functions; and
(v) crimes against national security and the law of nations.
 Effects Doctrine – provides that where the effects of an act are felt within the territory of a State, the State may take
jurisdiction over the matter. Although similar to the protective principle, the threshold for invoking the effects doctrine is much
lower since it can be used even in situations that do not involve national security and other vital interests of the State. [See:
Lotus Case 1927, where Turkey was allowed to take jurisdiction over a crime committed by a French national outside Turkish
territory because of the effects doctrine]
– the effects doctrine is applied in relation to situations involving anti- trust or economic issues
4. Principle of Universality – a State has jurisdiction over offenses considered as universal crimes regardless of where committed and who
committed them.
 Universal crimes - those which threaten the international community as a whole and are considered criminal offenses in all
countries, e.g., piracy jure gentium, genocide, white slave trade, hi-jacking, terrorism, war crimes.
o piracy jure gentium - Any illegal act of violence, detention, or robbery committed on a private ship for personal gain or
revenge, against another ship, people, or property on the high seas. Piracy may also be committed on or against an
aircraft. Piracy also includes operating a pirate ship or aircraft and inciting or assisting any other act of piracy. However,
acts committed for political purposes are not piracy; nor are any acts committed by a warship or government ship or
aircraft. Piracy is an international crime and all nations may exercise jurisdiction over pirates, regardless of the nationality
of the ship or aircraft or the pirates. A ship or aircraft involved in piracy is also subject to seizure by any state.
o genocide - is a crime that can take place both in time of war as well as in time of peace. The definition contained in Article
II of the Convention describes genocide as a crime committed with the intent to destroy a national, ethnic, racial or
religious group, in whole or in part. It does not include political groups or so called “cultural genocide”. This definition
was the result of a negotiating process and reflects the compromise reached among United Nations Member States while
drafting the Convention in 1948.
5. Principle of Passive Personality - allows states, in limited cases, to claim jurisdiction to try a foreign national for offenses committed
abroad that affect its own citizens. This principle may be resorted to if the other principles previously discussed are not applicable. The
principle of passive personality has been deemed by scholars to be the most controversial among the principles of jurisdiction.
Abduction towards Jurisdiction – refers to the exercise of jurisdiction over individuals a State have abducted and brought into their own territory
Exemptions from Jurisdiction:
1. Doctrine of State Immunity - As a consequence of independence, territorial supremacy and equality, a State enjoys immunity from the
exercise of jurisdiction (legislative, executive or judicial) by another State, unless it has given consent, waived its immunity, or voluntarily
submitted to the jurisdiction of the court concerned. Neither may its public property be attached or taxed, nor its public vessels be
boarded, arrested or sued. This is based on the principle of par in parem non habet imperium and the principle of non-intervention.
2. Act of State Doctrine - A State should not inquire into the legal validity of the public acts of another State done within the territory of the
latter. This doctrine is more of a choice of law rule, and may be raised by private parties.
 3. Diplomatic Immunity - Part of customary international law which grants immunity to diplomatic representatives, in order to uphold their
dignity as representatives of their respective States and to allow them free and unhampered exercise of their functions. Diplomatic
immunity is not an inherent right but rather one established by mutual consent of States.
 Philippines - the procedure for claiming this immunity starts with a request by the foreign State for an executive endorsement by
the Department of Foreign Affairs, and the determination made by the Executive Department is a political question which is
conclusive in Philippine courts.
 Characterization (3 Types of Jurisdictional Considerations:)
o rationae materiae (“by reason of the matter”) – this refers to jurisdiction based on the subject matter, or the type of legal
issue involved in the case. (e.g. State Immunity)
o rationae personae (“by reason of the person”) –this refers to jurisdiction based on the particular identity of the person,
namely the diplomat or consular representative of the foreign State. This may include factors such as citizenship,
residency, or legal status. (e.g. Diplomatic Immunity)
o Ratione loci (“by reason of the place”) - this refers to jurisdiction based on the geographical location where the events
giving rise to the legal dispute occurred, where the parties are located, or where property related to the case is located.
 Principal Conventions (2 Main Treaties which deal with Diplomatic Immunity:)
o 1961 Vienna Convention on Diplomatic Relations (VCDR) - entered into force in 1964; and
o 1963 Vienna Convention on Consular Relations (VCCR) – entered into force in 1967.
NOTE: There is nothing in either the · VCDR or the VCCR which expressly grants diplomatic immunity.
 The head of State enjoys personal immunity from the jurisdiction of another State. [Mighell v. Sultan of Johore, 1 QB 149]
World Health Organization vs. Aquino, 48 SCRA 242 - the search warrant issued for alleged violation of customs laws was ordered quashed, as
the WHO official was entitled to the privileges and immunities of diplomatic envoys
SEAFDEC vs. NLRC, 241 SCRA 580 - it was held that SEAFDEC, as an international agency, enjoys immunity from the legal writs and processes
of the Philippines, because subjection to local jurisdiction would impair the capacity of such body to discharge its responsibilities impartially in behalf
of its member States
Callado vs. IRRI, 244 SCRA 211 - it was declared, that IRRI is immune from suit, because Article 3, Pres. Decree No. 1620, grants to IRRI the
status, prerogatives, privileges, and immunities of an international organization
Innocent passage - is navigation through the territorial sea of a State for the purpose of traversing that sea without entering internal waters or of
proceeding to internal waters, or making for the high seas from internal waters, as long as it is not prejudicial to the peace, good order or security of
the coastal State
Under the laws of neutrality, the public vessels or aircraft of a belligerent State may visit and search any neutral merchant vessel on the open seas
and capture it if found to be engaged in activities favorable to the other belligerents.
A belligerent nation is a country or state that is engaged in war or conflict, typically as an active participant. The term "belligerent" is often used to
describe a nation that is involved in hostilities, either by initiating aggression or by responding to aggression from another state.
doctrine of hot pursuit - If an offense is committed by a foreign merchant vessel within the territorial waters of the coastal State (or if the coastal
State has good reason to believe that such an offense had been committed), the said State's vessels (warships, military aircraft, other ships cleared
and identifiable as being in government service and authorized to that effect) may pursue the offending vessel into the open seas and, upon
capture, bring it back to its territory for punishment. To be LAWFUL:
1. the pursuit must have begun before the offending vessel has left the territorial waters or the contiguous zone of the coastal State;
2. the pursuit must be continuous and unabated; and
3. it ceases as soon as the ship being pursued enters the territorial sea of its own, or of a third, State
Jurisdiction over other territories (extra-territorial jurisdiction):
1. Assertion of personal jurisdiction over its national abroad.
2. By virtue of its relations with other States, as when it establishes a protectorate, or a condominium, or administers trust territory, or
occupies enemy territory in the course of war.
3. As a consequence of waiver of jurisdiction by the local State over persons and things within the latter's territory, e.g., foreign army
stationed in the local State.
4. Through the principle of exterritoriality, exemption of persons and things from the local jurisdiction on the basis of international custom.
Distinguish this from the principle of extra-territorialitv, wherein exemption from jurisdiction is based on treaty or convention. The latter
principle is discredited.
5. Through the enjoyment of easements and servitudes. [See the Portuguese Enclave case, where itwas held that Portugal had the right of
passage through Indian territory.]
The Rome Statute of the International Criminal Court (ICC) - adopted in July, 1998 by a Conference of States in Rome. It has been ratified by
over 100 states including the Philippines which signed the ICC Statute on 28 December 2000 and ratified it in 2011.
- The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The
Court has jurisdiction in accordance with the ICC Statute with respect to the following crimes : genocide, crimes against humanity, war crimes, and
crimes of aggression.
- Individual Liability. Note that in the ICC, it is the individual and not the State that is on trial. As such, the individual becomes a subject
of international law during such situations.

RIGHT OF LEGATION (also known as the right of diplomatic intercourse) - refers to the right of the State to send and receive diplomatic
missions, which enables States to carry on friendly intercourse. It is not a natural or inherent right, but exists only by common consent. No legal
liability is incurred by the State for refusing to send or receive diplomatic representatives. Governed by the Vienna Convention on Diplomatic
Relations
(1961).
Agents of Diplomatic Intercourse:
1. Head of State – the embodiment of and represents the sovereignty of the Sate, and enjoys the right · to special protection for his
physical safety and the preservation of his honor and reputation. His quarters, archives, property and means of transportation are
inviolate under the principle of exterritoriality. He is immune from criminal and civil jurisdiction, except when he himself is the plaintiff,
and is not subject to tax or exchange or currency restrictions. See Mighell v. Sultan of Johore, supra.
2. The Foreign Office – The actual day-to-day conduct of foreign affairs is usually entrusted to a Foreign Office, headed by a Secretary or a
Minister, who, in proper cases, may make binding declarations on behalf of his government. [Legal Status of Eastern Greenland]
Establishment of Resident Missions: States carry on diplomatic intercourse through permanent missions established in the capitals of other
States. The mission is composed of:
1. Head/s of Mission (according to the Vienna Convention):
a. Ambassadors or nuncios accredited to Heads of State, and other heads of mission of equivalent rank;
b. Envoys, ministers and internuncios, accredited to Heads of State; and
c. Charges d'affaires, accredited to Ministers of Foreign Affairs
2. Diplomatic Staff – composed of those engaged in diplomatic activities and are accorded diplomatic rank
3. Administrative and Technical Staff – consisting of those employed in the administrative and technical service of the mission
4. Service Staff – i.e., those engaged in the domestic service of the mission
The Diplomatic Corps - According to custom, all diplomatic envoys accredited to the same State form a body known as the "Diplomatic Corps". The
doyen or head of this body is usually the Papal Nuncio, if there is one, or the oldest ambassador, or, in the absence of ambassadors, the oldest
minister plenipotentiary.
An apostolic nuncio (Latin: nuntius apostolicus; also known as a papal nuncio or simply as a nuncio) is an ecclesiastical diplomat, serving as an
envoy or a permanent diplomatic representative of the Holy See to a state or to an international organization. A nuncio is appointed by and
represents the Holy See, and is the head of the diplomatic mission, called an apostolic nunciature, which is the equivalent of an embassy. The Holy
See is legally distinct from the Vatican City or the Catholic Church. In modern times, a nuncio is usually an archbishop.
Appointment of Envoys – In the Philippines, it is the President who appoints [Sec. 16, Art. VII, Philippine Constitution], sends and instructs the
diplomatic and consular representatives, and his prerogative to determine the assignment of the country's diplomatic representatives cannot be
questioned. [De Perio-Santos vs. Macaraig, G.R. No. 94070, April 1 0, 1992]
– The receiving State has the right to refuse to receive as envoy of another State a person whom it considers unacceptable. To
avoid embarrassment States resort to an informal inquiry [enquiry] as to the acceptability of a particular envoy, to which the
receiving State responds with an informal conformity [agreement]. This informal process is known as agreation.
– The envoy presents himself at the receiving State, generally armed with the following papers:
1) Lettre de creance (letter of credence), with the name, rank and general character of the mission, and a request for
favorable reception and full credence;
2) diplomatic passport authorizing his travel;
3) instructions, which may include a document of full powers (pleins pouvoirs] authorizing him to negotiate on extraordinary
or special business; and
4) cipher, or code or secret key, for communications with his country