Bernas Public International Law – THE LAW OF WAR Part 2
CHAPTER 15 – THE LAW OF WAR Part 2 Legality of the Threat or Use of Nuclear Weapons (ICJ 1996) Cardinal Principles constituting the Fabric of Humanitarian Law: 1. States must never make civilians the object of attack and must consequently never use weapons that are incapable of distinguishing between civilian and military targets 2. […]
Bernas Public International Law – THE LAW OF WAR Part 1
CHAPTER 15 – THE LAW OF WAR Part 1 INTERNATIONAL HUMANITARIAN LAW Previously known as Laws of War a. Provides for instances when the use of armed force is justifiable – jus ad bellum b. Regulates the conduct of armed conflict – jus in bello Early international law did not consider as illegal a war admittedly […]
Bernas Public International Law – THE USE OF FORCE SHORT OF WAR Part 2
CHAPTER 14 – THE USE OF FORCE SHORT OF WAR Part 2 Article 51 Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and the responsibility of the Security Council to take at any time such […]
Bernas Public International Law – THE USE OF FORCE SHORT OF WAR Part 1
CHAPTER 14 – THE USE OF FORCE SHORT OF WAR Part 1 Use of Force General Principle: International law recognizes the a. Autonomy of individual states b. Their right to freedom from coercion and to the integrity of their territory Art. 2(4) of the UN Charter: All Members shall refrain in their international relations from the […]
Bernas Public International Law – PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Part 5
CHAPTER 13: PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Part 5 El Salvador vs. Honduras (Nicaraguan Intervention, ICJ 1992) I. Facts: Nicaragua filed an application to intervene based on Art. 62: a. to protect the legal rights of the Republic of Nicaragua in the Gulf of Fonseca and the adjacent maritime areas by all legal means available […]
Bernas Public International Law – PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Part 4
CHAPTER 13: PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Part 4 Nicaragua vs. US I. Facts: Court finds it necessary to indicate provisional measures under Art. 41 to preserve the rights claimed. Such decision in no way prejudges the question of jurisdiction to deal with the merits of the case. Such measures include: a. US should cease […]
Bernas Public International Law – PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Part 3
CHAPTER 13: PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Part 3 Nicaragua vs. US (ICJ, 1984) I. Facts: In 1964, the US made a Optional Clause Declaration with a reservation that “it would remain in force for 5 years and thereafter until the expiration of 6 months after notice was given to terminate”. The 1984 notification was […]
Bernas Public International Law – PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Part 2
CHAPTER 13: PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Part 2 C. Judicial ICJ -All members of the UN are ipso facto parties to the Statute of ICJ, but it does not mean acceptance of the court’s jurisdiction. ~Only means that the State may accept its jurisdiction. -Only states may be parties in the court. -General principles: […]
Bernas Public International Law – PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Part 1
CHAPTER 13: PEACEFUL SETTLEMENT OF INTERNATIONAL DISPUTES Part 1 What is international dispute? -A disagreement on a point of law of fact, a conflict of legal views or interests between 2 persons -Must have practical effect on the relationship between the parties Peaceful methods of settling disputes: Art. 2, par. 3 of UN Charter: All […]
Case Digest: Yao Kee v. Sy-Gonzales
Yao Kee, Sze Sook Wah, Sze Lai Cho, and Sy Chun Yen, petitioners, versus Aida Sy-Gonzales, Manuel Sy, Teresita Sy-Bernabe, Rodolfo Sy, and Honorable Court of Appeals, respondents. No. L-55960 November 24, 1988 Facts: Sy Kiat, a Chinese national, died on January 17, 1977 in Caloocan City where he was then residing, […]
