1CHAPTER 1 THE NATURE OF INTERNATIONAL LAWWhat is International Law? A body of rules and principles of action which are binding upon civilized states in their relation to one another A law which deals with the conduct of the states and of international organizations and withtheir relations inter se, as well as with some of their relations with persons, whether natural orjuridicalScope o International Lawa. Regulation of space expeditionsb. Division of the ocean oorc. !rotection of human rightsd. "anagement of international #nancial systeme. Regulation of the environmentf. !reservation of peaceIs International Law a Law? $en%in& 't is probably the case that almost all nations observe all principles of international lawand almost all of their obligations almost all of the time (rierly& )he ultimate explanation of the binding force of all law is that man, whether he is asingle individual or whether he is associated with other men in a state, is constrained, in so faras he is reasonable being, to believe that order and not chaos is the governing principle of theworld in which he livesSo!e Theories a"o#t International LawTheor$Austin& *aw consists of commands originating from a sovereign and bac%ed upby threats of sanction if disobeyed'nternational law is not law because it does not come from a command of a sovereignConsens#al Theor$'nternational law derives its binding force from the consent of states)reaties+expression of consent,ustom+voluntary adherence to common practices, is seen as expression of consentNat#ral Law Theor$*aw is derived by reason from the nature of man'nternational law+application of natural reason to the nature of the state-person P#"lic International Law %& Pri%ate International Law.P#"lic International Law Pri%ate International LawReferred to as 'nternational *aw Referred to as ,onict of *aws/overns the relationship between and among states and also their relations with international organizations and individual personsDomestic law which deals with cases where foreign law intrudes in the domestic sphere where there are0uestions of the applicability of foreign law or the role of foreign courtsCHAPTER ' SOURCES OF INTERNATIONAL LAW What So#rces areDomestic *aws+found in statute boo%s and in collections of court decisionsClassi(cations o So#rces1. 1ormal sources+various processes by which rules come into existencea. *egislationb. )reaty ma%ingc. 2udicial decision ma%ingd. !ractice of states.. "aterial sources+identify what the obligations area. 3tate practiceb. 45 Resolutionsc. )reatiesd. 2udicial decisionse. 6ritings of juristsArt& )*+1, o the Stat#te o the International Co#rt o -#stice1. 'nternational conventions+establishing rules expressly recognized by contesting states.. 'nternational custom+evidence of a general practice accepted as law7. /eneral principles of law recognized by civilized nations78. 3ubsidiary means for determination of rules of lawa. 2udicial decisionsb. )eachings of the most highly 0uali#ed publicistsRestate!ent o Forei.n Relations Law o the US1. ,ustomary *aw.. 'nternational agreement7. /eneral principles common to the major legal systemSo#rces o International Law1. ,ustom.. )reaties7. 'nternational agreements8. /enerally recognized principles of law9. 2udicial decisions:. )eachings of highly 0uali#ed publicistsC#sto! or C#sto!ar$ Law A general and consistent practice of states followed by them from a sense of legal obligation ;lements&1. "aterial factor+how state behaves;lements of !ractice of sates or usus a. Duration+may be either short or long< not the most important elementb. ,onsistency+continuity and repetitionc. /enerality of the practice of states+uniformity and generality of practice need not be complete but it must besubstantialOpinio Juris+belief that a certain form of behavior is obligatoryDissenting states: subsequent contrary practice Dissenting states are bound by custom unless they had consistently objected to it while the custom was merely in the process of formation8 't is also possible that after a practice has been accepted as law, contrary practice might ariseEvidence of state practice and opinio juris a. )reatiesb. Diplomatic correspondencec. 3tatements of national leaders and political advisersd. ,onduct of statesInstant Custom A spontaneous activity of a great number of states supporting a speci#c line of actionThe Martens Cause 4ntil a complete code of laws of war has been issued, inhabitants = belligerents are protected underthe rule on the principles of the law of nations as they result from& usages of civilized people, laws ofhumanity = public conscience.. !sychological or subjective factor+why they behave the way they doTreaties Determine the rights and duties of states just as individual rights are determined by contracts (inding force comes from the voluntary decision of sovereign states to obligate themselves toa mode of behaviorTreaties and Custom o 'f the treaty is intended to be declaratory of customary law, it may be seen as evidenceof customary lawo Adherence to treaties can be indicative also of adherence to practice as opinio juriso 'f treaty comes later than a particular custom, treaty should prevailo 'f a later treaty is contrary to a customary rile that has the status of jus cogens, customwill prevailo )he later custom, being the expression of a later will, should prevailo A treaty is void if, at the time of its conclusion, it conicts with a preemptory norm ofgeneral international lawo !reemptary norm of general international law > a norm accepted and recognized by theinternational community of 3tates as a whole as a norm from which no derogation is permittedand which can be modi#ed only by a subse0uent norm of general international law having thesame character9/eneral Principles o Law Reco.ni0e1 "$ Ci%ili0e1 Nations )his has reference to principles of municipal law common to the legal systems of the world-#1icial 2ecisions Decisions of the court have no binding force except between the parties and in respect of thatparticular case Decisions do not constitute stare decisis Decisions of the ',2 are not only regarded as highly persuasive in international circles but theyhave also contributed to the formulation of principles that have become international lawTeachin.s o Hi.hl$ 3#ali(e1 Writers an1 4P#"licists5 !ublicists > institutions which write on international lawa. )he 'nternational ,ommissionb. )he Institut de Droit Internationa c. 'nternational *aw Associationd. Restatement of 1oreign Relations *aw of the 43e. Annual publication of the $ague Academy of 'nternational *awE6#it$ 6hen accepted, is an instrument whereby conventional or customary law may besupplemented or modi#ed in order to achieve justice 6here.partieshaveassumedanidentical or areciprocal obligation, onepartywhichisengaged in a continuing non-performance of that obligation should not be permitted to ta%eadvantage of a similar non-performance of that obligation by the other parties )he ,ourt?s recognition of e0uity as part of international law is in no way restricted by thespecial power conferred upon it to decide a case e! aequo et bono, if the parties agree thereto @inds of ;0uity&1. Intra egem+within the law< the law is adapted to the facts of the case.. "raeter egem+beyond the law< used to #ll the gaps within the law7. Contra egem+against the law< refusal to apply the law which is seen as unjust:Other S#pple!entar$ E%i1ence 1. 45 Resolutions+generally considered merely recommendatory but if they are supported by all thestates, they are an expression of opinio juris communis .. 3oft *aw+5on-treaty Agreements< international agreements not concluded as treaties andtherefore not covered by the Aienna ,onvention on the *aw of )reatiesAdministrative Rules+guide the practice of states in relation to international organizationsCHAPTER ) THE LAW OF TREATIES7ario#s na!es o Treatiesa. ,onventionsb. !actsc. ,ovenantsd. ,harterse. !rotocolsf. ,oncordatg. "odus Aivendi1898 7ienna Con%ention on the Law o Treaties /overns treaties between states ;ntered into force in 2anuary 1BCD2e(nition o Treaties An international agreement concluded between 3tates in written form and governed by international law, whether embodied in a single instrument or in . or more related instruments and whatever its particular designation ;ven oral agreement can be binding, however, only written agreements that are new, come under the provisions of the Aienna ,onvention ,haracteristics to ma%e it binding&1. ,ommitment was very speci#c.. )here was a clear intent to be boundF#nctions o TreatiesEa. 3ources of international lawb. ,harter of international organizationsc. 4sed to transfer territory, regulate commercial relations, settle disputes, protect human rights, and guarantee investments2i:erent ;in1s o Treaties"ulti lateral )reaties Fpen to all states of the world< ,reate the norms which are the basis for a general rule of law,an either be ,odi#cation )reaties or G*aw "a%ing )reatiesH, or both)reaties that create ,ollaborative "echanismFperate through the organs of the diIerent states1. 4niversal scope.. Regional(ilateral )reaties 'n the nature of contractual agreements which create shared expectations such as trade agreements of various forms< G,ontract )reatie3The LAW OF THE SEA I!portance o the Sea1. "edium of communication.. ,ontain vast natural resources/roti#s > elaborated the doctrine of the open seas which considers the high seas as res communisaccessible to all )he doctrine recognized as permissible the delineation of a maritime belt by littoral states asan indivisible part of its domain "aritime belt N territorial seaCon%ention on the Law o the Sea o 18*' > prevailing law on maritime domainArt& ' o the 18*' Law o the Sea provides that1. 3overeignty of a coastal 3tate extends, beyond its land territory and internal waters and, in case of an archipelagic 3tate, its archipelagic waters, to an adjacent belt of sea, described as territorial sea.. 3overeignty extends to the air space over the territorial sea as well as to its bed and subsoil7. 3overeignty over the territorial sea is exercised subject to this ,onvention and to other rules of international lawTerritorial Sea > belt of sea outwards from the baseline and up to 1. nautical miles beyond )he width of this territorial belt of water is the 1.-mile rule $owever, where the application of the 1.-mile rule to neighboring littoral states would result inoverlapping > the rule is that the dividing line is the median line e0uidistant from the oppositebaselines ;0uidistance rule does not apply where historic title or other special circumstances re0uire adiIerent measurementAaselines > the low-water line along the coast as mar%ed on large scale charts oOcially recognizedby the coastal 3tateTwo wa$s o 1rawin. the Aaseline>1. 5ormal baseline > one drawn following the low-water line along the coast as mar%ed on large scalecharts oOcially recognized by the coastal 3tate.1this line follows the curvatures of the coast and therefore would normally not consist of straight lines.. 3traight baseline > drawn connecting selected points on the coast without appreciable departurefrom the general shape of the coasto "ost archipelagic states use straight baselineso Art. 8E of the ,onvention on the *aw of the 3ea > the length of such baseline shall notexceed 1DD nautical miles, except that up to 7V of the total number of baselines enclosing anyarchipelago may exceed that length up to a maximum length of 1.9 nautical milesSo%erei.nt$ o%er Territorial Sea > same as sovereignty over its land territory )he sea and the strait are subject to the right of innocent passage by other statesRi.ht o Innocent Passa.e > passage that is not prejudicial to the peace, good order or security ofthe coastal state Applies to ships, aircrafts, and submarines ,oastal states have the unilateral right to verify the innocent character of passage, and it mayta%e the necessary steps to prevent passage that it determines to be not innocentInternal Waters > all waters landwards from the baseline of the territory ,oastal states may regulate access to its ports J5icaragua caseKArchipela.ic Waters Anarchipelagicstatemaydesignatesealanesandairroutesthereabove, suitableforthecontinuous and expeditious passage of foreign ships and aircraft through or over itsarchipelagic waters and the adjacent territorial sea )he concept of the archipelagic waters is similar to the concept of internal waters under the,onstitution of the !hilippines, and removes straits connecting these waters with the economiczoneor highseafromtherights of foreignvessels totransit passagefor internationalnavigationAa$s > well-mar%ed indentation whose penetration is in such proportion to the width of its mouth asto contain land-loc%ed waters and constitute more than a mere curvature of the coast ,onsidered as internal waters of a coastal state 'ndentation shall not be regarded as bay unless its area is as large as, or larger than, that ofthe semi-circle whose diameter is a line drawn across the mouth of that indentationHistoricAa$s> treatedbythecostal stateas internal waters onthebasis of historic rightsac%nowledge by other statesConti.#o#s Hone > an area of water not exceeding .8 nautical miles from the baseline 't extends 1. nautical miles from the edge of the territorial sea.. ,oastal state exercises authority over that area to the extent necessary to preventinfringement of its customs, #scal, immigration or sanitation authority over its territorial watersor territory and to punish such infringement $owever, the power of control given to the littoral state does not change the nature of thewaters (eyond the territorial sea, the waters are high sea and are not subject to the sovereignty ofthe coastal stateECcl#si%e Econo!ic Hone or 4Patri!onial Sea5 > an area extending not more than .DD nauticalmiles beyond the baseline ,oastal state has rights over the economic sources of the sea, seabed and subsoil > but theright does not aIect the right of navigation and overight of other states )he delimitation of the overlapping ;;W between adjacent states is determined by agreementTwo Pri!ar$ O"li.ations o Coastal States>1. )hey must ensure through proper conservation and management measures that the living sourcesof the ;;W are not subjected to over exploitation.. )hey must promote the objective of optimum utilization. of the living sourcesThe Continental +Archipela.ic, Shel - refers to thea. 3eabed and subsoil of the submarine areas adjacent to the coastal state but outside the territorial sea, to a depth of .DD meters or, beyond that limit, to where the depth allows exploitationb. 3eabed and subsoil of areas adjacent to islandsThe 2eep Sea"e1> Co!!on Herita.e o authority to aIect legal interests )he scope of a state?s jurisdiction over a person, thing or event depends on the interest of thestate in aIecting the subject in 0uestion ,orresponding to the powers of the government, jurisdiction can be&1. *egislative jurisdiction > prescribe norms of conduct.. ;xecutive jurisdiction > enforce the norms prescribed7. 2udicial jurisdiction > adjudicate 'nternational law limits itself to criminal rather than civil jurisdiction ,ivil jurisdiction is subject for private international law or conicts of law 2urisdiction may also be ac0uired by treaty $owever, there are 9 popular principles on jurisdictionTERRITORIALITF PRINCIPLE.8 )his is generally supported in customary law 1undamental source of jurisdiction is sovereignty over territory 't is necessary that boundaries be determined )o have jurisdiction, occupation is not enough< control must also be established J*as !almas,aseKAo#n1ar$> separatingthelandareas of twostates is determinedbytheacts of thestatesexpressing their consent to its location 6hen the boundary between . states is a navigable river > its location is the middle of thechannel of navigation 6hen boundary between . states is a non-navigable river or la%e > its location is the middle ofthe river or la%eE:ects 2octrine 3tate also has jurisdiction over acts occurring outside its territory but having eIects within it1. 3ubjective )erritorial !rinciple > a state has jurisdiction to prosecute and punish for crime commenced within the state but completed or consummated abroad.. Fbjective )erritorial !rinciple > state has jurisdiction to prosecute and punish for crime commenced without the state but consummate within its territory-#ris1iction o%er Forei.n 7essels in Philippine Territor$ > we follow the ;nglish Rule1. 1rench Rule > crimes committed abroad a foreign merchant vessel should not be prosecuted in thecourts of the country within whose territorial jurisdiction they were committed unless theircommission aIects the peace and security of the territory.. ;nglish Rule > crimes perpetrated under such circumstances are in general triable in the courts ofthe country within whose territory they were committedNATIONALITF PRINCIPLE )his is generally supported in customary law ;very state has jurisdiction over its nationals even when those nationals are outside the stateE:ecti%e Nationalit$ Lin= > used to determine which . states of which a person is a national will berecognized as having the right to give diplomatic protection to the holder of dual nationalityCorporations > state has jurisdiction over corporations organized under its laws state has jurisdiction over vessels ying its ag 3ame applies to aircraft and spacecraftStateless Persons > persons who have no nationality.9a. De jure stateless > persons who have lost their nationality, if they had one, and have not ac0uired anew oneb. De factor stateless > persons who have a nationality but to whom protection is denied by theirstate when out of the 3tatePROTECTI7E PRINCIPLE )his is generally supported in customary law 3tate may exercise jurisdiction over conduct outside its territory that threatens its security aslong as that conduct is generally recognized as criminal by states in the internationalcommunity $owever, this is strictly construed to those oIenses posing a direct, speci#c threat to nationalsecurityECa!ples o acts co%ere1 "$ Protecti%e Principle>a. !lots to overthrow the governmentb. 1orging its currencyc. !lot to brea% its immigration regulationsUNI7ERSALITF PRINCIPLE )hisrecognizesthat certainactivities, universallydangeroustostatesandtheir subjects,re0uire authority in allcommunity members to punish such acts wherever they may occur,even absent a lin% between the state and the parties or the acts in 0uestionECa!ples o acts co%ere1 "$ Uni%ersalit$ Principle>a. !iracy > any illegal act of violence or depredation committed for private ends on the highseas or outside the territorial control of any stateb. /enocide > acts committed with intent to destroy, in whole or in part, a national, ethical,racial or religious groupc. ,rimes against humanity > acts committed as partofa widespread or systematic attac%directed against any civilian population1. Attac% directed against any civilian population.. ;xtermination > internal iniction of conditions of life7. ;nslavement8. Deportation or forcible transfer of population9. )orture:. 1orced pregnancyE. !ersecution.:C. ,rime of ApartheidB. ;nforced disappearance of personsd. 6ar crimes > grave breaches of the /eneva ,onvention of 1. August 1B8B, namely, any ofthe following acts against persons or property protected under the provisions of the relevant/eneva ,onventione. Aircraft piracyf. )errorismPASSI7E PERSONALITF PRINCIPLE )his does not enjoy wide acceptance 3tate may apply law, criminal law, to an act committed outside its territory by a person not itsnational where the victim of the act was its national 5ot accepted for ordinary torts or crimes but is increasingly accepted as applied to terroristandother organizedattac%s onastate?s nationals by reasonof their nationality, or toassassination of a state?s diplomatic representatives or other oOcialsCONFLICTS OF -URIS2ICTION > modes of resolving conict of jurisdiction1.(alancing )est > ifthe answer is yes toallthefollowing 0uestions, thenthecourtwill assumejurisdictiona. 6as there an actual or intended eIect on a state?s foreign commerceMb. 's the eIect suOciently large to present a cognizable injury to the plaintiIs, and, therefore,a violation of the anti-trust lawMc. Are the interests of the state suOciently strong, vis-Y-vis those of other nations, to justify anassertion of extraordinary authority.. 'nternational ,omity > state will refrain from exercising its jurisdiction is it is unreasonableo 1actors to consider in determining unreasonableness&a. *in% or connection of the activity to the territory of the regulating stateb. ,haracter of the activity to be regulatedc. ;xistence of justi#ed expectations that might be protected or hurt by the regulationd. *i%elihood of conict with regulation by another state7. For#! non con%eniens > application is discretionary with the court.E 'f in the whole circumstances of the case it be discovered that there is real unfairness to one ofthe suitors in permitting the choice of a forum which is not the natural or proper forum, eitheron the ground of convenience of trial or the residence or domicile of parties or of its being thelocus contractus or locus solutionisEITRA2ITION > the surrender of an individual by the state within whose territory he is found to thestate under whose laws he is alleged to have committed a crime or to have been convicted of a crime )his is a process that is governed by a treaty *egal right to demand extradition and the correlative duty to surrender a fugitive exist onlywhen created by treaty !rocedure for extradition is normally through diplomatic channelsPrinciples .o%ernin. ECtra1ition1. 5o state is obliged to extradite unless there is a treaty.. DiIerences in legal system can be an obstacle to interpretation of what the crime is7. Religious and political oIenses are not extraditableAail in ECtra1ition Cases (ail may be granted to a possible extraditee only upon a clear and convincing showing that1. $e will not be a ight ris% or a danger to the community.. )here exist special, humanitarian and compelling circumstancesCHAPTER 1J> I but error of a national court which does not produce manifestinjustice is not denial of justiceEnorce!ent Re.i!es 6hocanresolveissuesofviolationsoftherightsofalienswhenappealedtoby3tatesinconictM1. 'nternational ,ourt of 2ustice.. Ad-hoc tribunals established for the purposea. 43-'ran ,laims )ribunalb. 45 ,ompensation 3ettlements7. *ump-sum 3ettlements J,laims 3ettlement AgreementsKa. 43-,ambodiab. 43-Aietnam8D2OCTRINE OF STATE RESPONSIAILITF 6hen an injury has been inicted, there is need to determine whether the 3tate can be heldresponsible for it 'nternationally wrongful act > committed when a 3tate violates a customary rule ofinternational law or a treaty obligation 6hat needs to be understoodM1. ;lements of an 'nternationally wrongful act.. Attributability of the wrongful act to the 3tate7. ;nforcement of the obligation that arises from the wrongful actINTERNATIONALLF WRON/FUL ACT 5o 3tate can escape this responsibility when once it has committed an act which satis#es there0uirements of an Ginternationally wrongful act ;lements of 'nternationally wrongful act&1. 3ubjective > act must be attributable not to the persons or agencies who performed it, but to the3tate itself.. Fbjective > act constitutes a breach of an international obligation of the 3tate 6hat determines the wrongful character of the act is international law and not internal lawATTRIAUTION TO THE STATE1. Acts of 3tate Frgansa. Acts of any 3tate organ whether the organ exercises legislative, executive, judicial or anyother functions, whatever position it holds, and whatever its characterFrgan > includes any person or body which has that status in accordance with the international law ofthe 3tateb. ,onduct of an entity which is not an organ of the 3tate but which is empowered to exerciseelements of governmental authority provided the entity was acting in that capacity in the case in0uestionc. ,onduct of an organ placed at the disposal of a 3tate by another 3tate acting in the exercise ofelements of governmental authority of the 3tate at whose disposal it had been placedd.,onductofa3tateorganorofanentityempoweredto exerciseelementsofgovernmentalauthority, such organ or entity having acted in that capacity, exceeding its authority orcontravening instructions concerning its exercise81 CAIRE CLAI,aire, a 1rench national, was %illed in "exico by "exican soldiers after they had demanded moneyfrom him.Iss#e>wSn "exico is responsible for actions of individual military personnel acting without orders or againstthe wishes of their commanding oOcersHel1> Fbjective responsibility of the 3tates > responsibility for the acts of the oOcials or organs of a 3tate,which may devolve upon it even in the absence of any fault on its own't tends to impute to the 3tate, in international aIairs, the responsibility for all the acts committed byits oOcials or organs which constitute oIenses from the point of view of the law of nations, whetherthe oOcial or organ in 0uestion has acted within or exceeded the limits of his competence.)hisresponsibilitydoesnot#nditsjusti#cationingeneral principles, thoseregulatingthejudicialorganization of the 3tate. )he act of an oOcial is only judicially established as an act of 3tate if suchan act lies within the oOcial?s sphere of competence.)heactof anoOcial operatingbeyondthiscompetenceisnot anact of 3tate. 't shouldnotinprinciple, therefore, aIect the responsibility of the 3tate.'n order to be able to admit this so-called objective responsibility of the 3tate for acts committed byits oOcials or organs outside their competence, they must have acted at least to all appearances ascompetent oOcials or organs, or they must have used powers or methods appropriate to their oOcialcapacity.Applying to the present case, the oOcers in 0uestion consistently conducted themselves as oOcers inthe brigadeof the Aillistageneral5icaraguaallegesthat theminingof 5icaraguanportsorwaterswascarriedout by43militarypersonnel. )he !resident of 43 authorized a 43 /overnment agency to lay mines in 5icaraguan ports,either in 5icaraguan internal waters or in its territorial sea, by persons in the pay and acting of theinstructions of such agency. 43 did not issue any public and oOcial warning to international shippingof the existence and location of the mines< and that personal and material injury was caused by theexplosion of the mines. )he imputability to 43 of these attac%s appear therefore to the ,ourt to be8.established.5icaragua complains also of infringement of its air space by 43 military personnel. )he ,ourt #ndsthat onlyviolationsof 5icaraguanair spaceimputableto43onthebasisof thehighaltitudereconnaissance ights and low altitude ights causing sonic booms.5icaragua also alleges that 43 conceived, created and organized a mercenary army, the contra force.)he ,ourt is not able to satisfy itself that 43 created the contra force but holds it largely #nanced,trained, e0uipped, armed and organized the 1D5, one element of the force.Iss#e>6hether or not the contras is e0uated as an organ of 43 or is acting on behalf of 43Hel1>)he ,ourt considers that the evidence available to it is insuOcient to demonstrate the toaldependence of the contras on 43 aid. A partial dependency may be inferred from the fact that theleaders were selected by 43. )here is no clear evidence that 43 actually exercised such a degree ofcontrol as to justify treating the contras as acting on its behalf... Acts of other !ersonsa. ,onduct of a person or group of persons acting on the instructions of, or under the directionor control of, that 3tate in carrying out the conductb. ,onduct of a person or group of persons exercising elements of the governmental authorityin the absence or default of the oOcial authorities and in circumstances such as to call for theexercise of those elements of authorityUS %& IRAN +pre%io#s case,7. Acts of Revolutionariesa. ,onduct of an insurrectional movement, which becomes the new government of a 3tateb. ,onduct of a movement, insurrectional or other, which succeeds in establishing a new 3tatein part of the territory of a pre-existing 3tate or in a territory under its administrationHO ,laimantisanAmericannational employedbyanAmerican,ompanyin'ran. 7daysbeforethe'slamic Revolutionary /overnment too% oOce< claimant was evacuated from 'ran on company orders.)he claimant sought compensation for salary and other losses resulting from his alleged expulsioncontrary to international law.Hel1> 6here a revolution leads to the establishment of a new government, the 3tate is held responsible forthe acts of the overthrown government insofar as the latter maintained control of the situation.,laimant relies only on the acts committed by revolutionaries and is unable to identify any agent ofthe revolutionary movements whose actions compelled him to leave 'ran. )he acts of supporters of arevolution as opposed to its agents cannot be attributed to the government.,laimant relies on the declarations made by the leader of the Revolution. 6hile these statements areof anti-foreign and in particular anti-American sentiments, these do not amount to an authorization torevolutionaries to act in such a way that the ,laimant should be forced to leave 'ran.PRELI such are the principles which shouldserve to determine the amount of compensation due for an act contrary to international law.CAL7O CLAUSE RE-ECTE2 A provision in a contract to the eIect that under no condition shall the intervention of foreign diplomatic agents in any matter related to the contract be resorted to )his was rejected in 5orth American Dredging ,ompany ,laim due to the right to see% redress is a sovereign prerogative of a 3tate and a private individual has no right to waive the 3tate?s rightEIPROPRIATION OF ALIEN PROPERTF ;xpropriation can be internally wrong if it is done contrary to the principles of international law89 1B:. 45 /eneral Assembly Resolution on the 3overeignty over 5atural Resourcesa. ;xpropriation shall be based on grounds or reasons of public utility, security or the national inters which are recognized as overriding purely individual or private interests, both domestic and foreignb. 'n such cases, the owner shall be paid appropriate compensation in accordance with the rules in force in the 3tate ta%ing such measures in the exercise of its sovereignty and in accordance with international lawCHAPTER 1'> INTERNATIONAL HU Le.al AspectsAr#no Si!!a ,ertain points on $umanitarian 'nterventiona. 'f the 3ecurity determines that massive violations of human rights occurring within a countryconstitute a threat to the peace, and then calls for or authorizes an enforcement action to put an:9end to these violations, a humanitarian intervention by means of military is permissibleb. 6hen humanitarian crises do not transcend borders and lead to armed attac%s against other3tates, recourse to Art. 91 is not availableReasons for the majority legal opinion against the existence of a right of $umanitarian 'ntervention&1. 45 ,harter and the corpus of modern international law do not seem to speci#cally incorporatesuch right.. 3tate practice provides only a handful of genuine cases of humanitarian intervention7. 3cope for abusing such a right argues strongly against its creation6hether weregardthe5A)Fthreat employedinthe@osovocrisisasanersatzhumanitarianintervention, or as a threat of collective counter-measures involving armed force, any attempt atlegal justi#cation will ultimately remain unsatisfactory 4nder certain strict conditions, resort to armed force may gradually become justi#ed, even absent any authorization by the 3ecurity ,ouncilEC InB#ria Orit#r -#sAntonio ,assese,onditions&1. /ross and egregious breaches of human rights involving loss of life of hundreds or thousands ofinnocent people, and amounting to crimes against humanity.. 3uch crimes against humanity result from anarchy in a sovereign 3tate, proof is necessary thatthe central authorities are utterly unable to put an end to those crimes while at the same timerefusing to call upon or to allow other 3tates or international organization to enter the territory toassist in terminating the crimes7. 3ecurity ,ouncil is unable to ta%e any coercive action to stop it because of disagreement amongthe !ermanent "embers or because one or more of them exercises its veto power8. All peaceful avenues have been exhausted, notwithstanding which, no solution can be agreedupon by the parties to the conict9. Agroupof3tatesdecidestotrytohalttheatrocities, withthesupportoratleastthenon-opposition of the majority of "ember 3tate of 45:. Armed force is exclusively used for the limited purpose of stopping the atrocities and restoringrespect for human rightsE. 4se of force must be commensurate with and proportionate to the human rights exigencies onthe ground::CHAPTER 1@ D THE LAW OF WAR INTERNATIONAL HU jus ad bellumb. Regulates the conduct of armed conict > jus in bello ;arly international law did not consider as illegal a war admittedly waged for the purpose ofgaining political or other advantages over another 3tateArt& '+?, o the UN Charter>All "embers shall refrain in their international relations from the threat or use of force against theterritorial integrity or political independence of any 3tate, or in any other manner inconsistent withthe !urposes of the 4nited 5ations.)he above provisions outlaws war )he paradox is that side by side with the prohibition of armed conict is the proliferation oflaws of war7 facts which explain the paradox&a. )hose who resort to the use of arms do not give up until they have achieved victoryb. $umanitarian considerations dictate the need for rules which curtail violence beyond what isnecessary to achieve a 3tate?s goalc. )here still remains in the hearts of the soldiery an acceptance of chivalry as a value Fn the assumption that wars can always occur, there arose the need to formulate laws thatcan humanize the conduct of warTHE HA/UE LAW 'n 1CBB, .: ,ountries met at )he $ague and promulgated ,onventions and Declaration whichadopted the principles constituting the law of armed conict, *aw of the $ague, governing landand naval warfare/ENE7A CON7ENTIONS OF 18?8 ;ssence& persons not actively engaged in warfare should be treated humanely/eneva QRed ,rossR ,onventionsa. 6ounded and 3ic% in the 1ieldb. 6ounded, 3ic% and 3hipwrec%ed at 3ea:Ec. !risoners of 6ard. ,iviliansCUSTO