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San Beda University - College of Law Public International Law

The document outlines the key topics in public international law, including: 1. Actors such as states and international organizations, and their responsibilities under international law. This includes state responsibility for internationally wrongful acts, and responsibility of international organizations. 2. Individuals and international human rights law, including major human rights treaties and the development of individual criminal responsibility under international criminal law and the Rome Statute. 3. International cooperation and judicial assistance between states in enforcing international law. The document provides an overview of the major subjects, principles, cases, and treaties pertaining to public international law.

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77 views

San Beda University - College of Law Public International Law

The document outlines the key topics in public international law, including: 1. Actors such as states and international organizations, and their responsibilities under international law. This includes state responsibility for internationally wrongful acts, and responsibility of international organizations. 2. Individuals and international human rights law, including major human rights treaties and the development of individual criminal responsibility under international criminal law and the Rome Statute. 3. International cooperation and judicial assistance between states in enforcing international law. The document provides an overview of the major subjects, principles, cases, and treaties pertaining to public international law.

Uploaded by

Redd Lapid
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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SAN BEDA UNIVERSITY - COLLEGE OF LAW

PUBLIC INTERNATIONAL LAW

PART II. ACTORS AND SUBJECTS OF


INTERNATIONAL LAW

I. The State

E. Responsibility of States

1. General Principles of Responsibility

International Law Commission’s Articles on Responsibility of States for


Internationally Wrongful Acts of 2001;

Youmans Case, R.I.A.A. (1926)

Caire Claim Case, 5 R.I.A.A. 516 (1929)

Home Missionary Society Case, R.I.A.A. (1920)

2. Responsibility for Acts Affecting Individuals

UN Charter, Arts. 1(3), 55, and 56

Mejoff v. Director of Prisons, L-4254, 26 September 1951;

Marcos v. Manglapus, G.R. No. 88211, 15 September 1989 and 27


October 1989;

International School Alliance of Educators v. Quisumbing, G.R. No.


128845, 1 June 2000;

Central Bank Employees Association v. Bangko Sentral ng Pilipinas,


G.R. No. 148208, 15 December 2004;

Secretary of National Defense v. Manalo, G.R. No. 180906, 7 October


2008;

Razon v. Tagitis, G.R. No. 182498, 3 December 2009;

Reyes v. Court of Appeals, G.R. No.182161, 3 December 2009;

Boac v. Cadapan, G.R. Nos. 184461-62, 31 May 2011;

International Covenant on Civil and Political Rights (1966) and


Optional Protocols 1 and 2;

International Covenant on Economic, Social, and Cultural Rights,


(1966)

3. The Taking of Property

UN Declaration on Permanent Sovereignty over Natural Resources,


Resolution 1803 and 3171;

4. Responsibility for Environmental Harm


1
Oposa v. Factoran, G.R. No. 101083, 30 July 1993;

MMDA v. Concerned Residents of Manila Bay, G.R. No. 171947, 18


December 2008.

5. International Claims

Banco Nacional de Cuba v. Sabbatino, 376 US 398, (1964)

Alfred Dunhill of London v. Republic of Cuba, 425 US 682, (1976)

F. Succession of States

6. Succession to treaties

7. Succession to responsibility

8. Membership in international organizations

II. International Organizations

A. Legal Personality

2011 Draft Articles on the Responsibility of International Organizations

Reparations for Injuries Suffered in the Service of the United Nations, ICJ
Reports (1949)

B. Privileges and Immunities

Applicability of Article VI, Sec. 22 of the Convention on the Privileges and


Immunities of the United Nations, ICJ Reports, 1989.

World Health Organization v. Aquino, supra

Lasco v. United Nations, supra

ICMC v. Calleja, supra

Liang (Huefeng) v. People, supra

C. Responsibility of International Organizations

2011 Draft Articles on the Responsibility of International Organizations

D. The United Nations

Read: UN Charter

Reparations for Injuries Suffered in the Service of the United Nations, supra.

1. The General Assembly

2. Security Council

3. ECOSOC

4. Trusteeship Council

5. Secretariat

6. The International Court of Justice

Read:
2
Art. 92-96, UN Charter

ICJ Statute

a. Applicable laws

See: Art. 38 and 59 of ICJ Statute

b. Jurisdiction

See: Art. 36 of ICJ Statute

Libya Arab Jamahiriya v. USA (Lockerbie Case, ICJ


Reports, 1988)

The ELSI Case, (USA v. Italy; ICJ Reports, 1989)

Nauru v. Australia, (ICJ Reports, 1992)

Case Concerning East Timor (Portugal v. Australia; ICJ


Reports, 1995)

c. Disputes

Admissions Case, (Conditions of Admission of a State to


membership in the United Nations; ICJ Reports, 28 May
1948)

d. Advisory opinions

III. Individuals

A. International Human Rights

Universal Declaration of Human Rights

International Covenant on Civil and Political Rights

- First Optional Protocol

- Second Optional Protocol

International Covenant on Economic, Social and Cultural Rights

The Genocide Convention

B. Individual Responsibility Under International Law

1. The Nuremberg Principles

2. The Rome Statute

a. Legal personality and status

b. Criminal jurisdiction

c. Admissibility

i. Issues of admissibility

ii. Preliminary rulings

iii. Challenges to jurisdiction or admissibility

3
d. Ne bis in idem

e. Applicable law

f. General principles of Criminal Law

g. Proceedings

h. Penalties

i. Enforcement

International Cooperation and Judicial Assistance

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