The Contemporary World Reviewer
The Contemporary World Reviewer
The Contemporary World Reviewer
EXAMPLES OF COMPANIES
1. Procter& Gamble
2. Nestle
3. Sony corporation
4. Microsoft
5. Apple inc.
6. Google
7. Facebook
8. Ford motor
9. Allianz
10. General electric
GLOBAL GOVERNANCE
Global governance is the capacity within the international system, at any given moment,
to provide government-like services and public goods in the absence of a world government. It is
the combination of informal and formal ideas, values, rules, norms, procedures, practices,
policies, and organizations that help all actors-states, IGOS, civil society and NGOs, TNCs, and
individuals- identify, understand, and address transboundary problems. At its simplest, global
governance is a set of questions that enable us to work out how the world is, was, and could be
governed, and how changes in grand and not-so-grand patterns of governance occurred, are
occurring, and ought to occur (Weiss, 2013).
e. Direct government and administration of inhabitants by the central authorities of the "nation-
state"
f. The state is considered to represent the people and the people serves as a source of sovereignty
or at least give the state legitimacy.
1. The creation of a supranational economy wherein the transactions are largely uncontrolled by
states, resulting to the restriction of states to direct national economies
2. Rise of regional or global institutions, such as European Union, ASEAN, UN to which
individual countries defer either because they are too small engage in effective competition
international competition or because their economies are so weak to
3. Territorial borders had been made largely irrelevant by technological revolution in transport
and communications.
Definition of Terms
INTRODUCTION
International Law and National Law
International law regulates relations of states and international
persons. It is derived from treaties, international customs, and general
principles of law. If conflict arises, the same is resolved through state to
state transactions.
How does international law become a part of the law of the state?
There are two doctrines of adoption: doctrine of incorporation
and doctrine of transformation. The doctrine of incorporation is
mainly based under Section 2, Art. Il o the 1987 Constitution which
states that:
xxx the Philippines adopts the generally accepted principles of
International Law as part of the law of the land."
TREATIES
Definition of Terms
States are entities that have rights and responsibilities under
international law and which have the capacity to maintain their rights by
bringing international claims
INTRODUCTION
States
The elements of a state are as follows: permanent population, defined
territory, government, and capacity to enter into relations with other
states (Article 1, Montevideo Convention).
The population being pertained to does not have to be homogeneous
racially, ethically, tribally, religiously, linguistically, or otherwise. It
must be a settled population, though the presence of certain inhabitants
who are traditionally nomadic does not matter (Aust, 2010). As to the
territory, the size would not matter nor its boundaries be defined
definitively.
States are created through the following: (1) discovery and occupation;
(2) prescription; (3) cession; (4) accretion; and (5) conquest
State Recognition
State recognition is an act by which a state acknowledges the existence
of another state, government, or belligerent community and indicates its
willingness to deal with the entity as such under the rules of
international law (Nachura, 2016).
Rights of States
Nationality
Statelessness
Statelessness pertains to the status of having no nationality as a
consequence of being born without any nationality or as a result of
deprivation or loss of nationality (Nachura, 2016).
Refugees
Definition of Terms
Law of the sea- a body of international rules that binds states and other
subjects of international law in their maritime affairs
Baseline the line from which the outer limits of marine spaces under the
national jurisdiction of the coastal state are measured. It is also the line
distinguishing internal waters from the territorial sea.
Archipelagic state a state constituted wholly by one or more
archipelagos and may include other islands
Archipelago - group of islands, including parts of islands,
interconnecting waters, and other natural features which are so closely
interrelated that such islands, waters, and other natural features form an
intrinsic geographical, economic, and political entity or which
historically have been regarded as such
INTRODUCTION
Law of the Sea
The law of the sea is a body of international rules that binds states and
other subjects of international law in their maritime affairs. Its functions
are the spatial distribution of national jurisdiction and to ensure
cooperation between states (Tanaka, 2012)
The law of the sea have been governed by the following principles
principle of freedom, principle of sovereignty, and principle of the
common heritage of mankind. The principle of freedom aims to ensure
the freedom of the various uses of the oceans. The principle of
sovereignty seeks to safeguard the interests of coastal states. The
principle of the common heritage of mankind seeks to promote the
common interest of all people in present and future generations
This sew of the sea has been codified into four the Hague Conference for
the Codification of International Law (1930) the First United Nations
Conference on the Law of the Sea, 1958 (UNCLOS the Second United
Nations Conference on the Law of the Sea, 1960 (UNCLOS II) and the
Third United Nations Conference on the Law of the Sea, 1973-1982
(UNCLOS II)
Baselines
A baseline is the line from which the outer limits of marine spaces under
the national jurisdiction of the coastal state are measured. It is also the
line distinguishing internal waters from the territorial sea (Tanaka,
2012). A vital feature of maritime law is the baseline or the line from
which the breadth of the territorial sea and other maritime zones is
measured.
Under the UNCLOS III, if a river flows directly into the sea, the baseline
shall be a straight line across the mouth of the river between points on
the low-water Ine of its banks. Anent the rule on bays, customary law
has allowed the coastal state to draw a closing line across the entrance of
a bay, where the landward waters from the closing line have become
internal waters (Tanaka, 2012).
Archipelagic Baselines
Under Par. (a), Art. 46, UNCLOS III, an archipelagic state is a state
constituted wholly by one or more archipelagos and may include other
islands. An archipelago is a group of islands, including parts of islands,
interconnecting waters, and other natural features which are so closely
interrelated that such islands, waters, and other natural features form an
intrinsic geographical, economic, and political entity or which
historically have been regarded as such. (Par. (b), Art. 46, UNCLOS III),
Under Part, Article 47, UNCLOS III, an archipelagic state may draw
straight archipelagic baselines joining the outermost islands and drying
reefs of the Article 47 of UNCLOS III provides for the rules on drawing
archipelagic archipelago. baselines, to wit:
1.The archipelagic waters must include main islands, and the ratio of the
area of the water to the area of the land, including atolls, is between 1 to
1 and 9 to 1:
2. The length of the baselines shall not exceed 100 nautical miles (nm),
however, up to 3 percent of the total number of baselines enclosing any
archipelago may exceed that length, up to a maximum length of 125 nm;
3. The drawing of baselines shall not depart to any appreciable extent
from the general configuration of the archipelago;
4. The baselines shall not be drawn to and from low-tide elevations,
unless lighthouses or similar installations which are permanently above
sea level have been built on them or where a low-tide elevation is
situated wholly or partly at a distance not exceeding the breadth of the
territorial sea from the nearest island;
This law effectively classified the Kalayaan Island Group and the
Scarborough Shoal as regime of islands, consistent with UNCLOS III
which manifests the Philippine State's responsible observation of its
pacta sunt servanda obligation (Magallona v. Ermita, G.R. No. 187167,
August 16, 2011).
The EEZ is an area beyond and adjacent to the territorial sea, not
extending beyond 200 nautical miles from the baseline of the territorial
sea (Articles 55 & 57, UNCLOS III)
Continental Shelf
The continental shelf of a coastal state comprises the seabed and subsoi
of the submarine areas that extend beyond its territorial sea throughout
the natural prolongation of its land territory to the outer edge of the
continental margin, or to a distance of 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured where
the outer edge of the continental marine does not extend up to that
distance (Art.76 UNCLOS III)
Under Article 77, UNCLOS III, the coastal state exercises over the
continental shelf sovereign rights for the purpose of exploring it and
exploiting its natural resources. The natural resources referred to consist
of the mineral and other nonliving resources of the seabed and the
subsoil together with living organisms belonging to sedentary species.
High Seas
The high seas are all parts of the sea that are not within an EEZ, the
territorial sea, internal waters or archipelagic waters (Article 86,
UNCLOS III) Under Article 89 of UNCLOS III, no state may subject
any part of the high seas to its sovereignty. Under Article 87 of the same
law, all states, including land-locked states, enjoy the freedoms of the
high seas. They are not absolute but must be exercised with due regard
for the interests of other states in their exercise of the same freedoms