Chapter 6 – RIGHT OF LEGATION
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.
Agents of Diplomatic Intercourse
a. Head of State - he is the embodiment of and represents
the sovereignty of the State.
(His quarters, archives, property and means of
transportation are inviolate under the PRINCIPLE OF
EXTERRITORIALITY.)
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b. The Foreign Office - headed by a Secretary or a Minister,
who, in proper cases, may make binding declarations
on behalf of his government.
a.
b.
c.
d.
Establishment of Resident Missions
Head of Mission
i.
Ambassadors or nuncios
ii.
Envoys, ministers and internuncios
iii.
Charges d’affaires
Diplomatic Staff
Administrative and Technical Staff
Service Staff
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The Diplomatic Corps
Doyen – or the head of the Diplomatic Corps, is usually the
Papal Nuncio.
Appointment of Envoys
Agreation – an informal inquiry (enquiry) as to the
acceptability of a particular envoy, to which the receiving State
responds with an informal conformity.
After agreation, the envoy presents himself at the
receiving State, armed with the following papers:
i.
Lettre de creance (letter of credence)
ii.
Diplomatic passport
iii.
Pleins pouvoirs (Instructions)
iv.
Cipher (code or secret key for communications
with his country)
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Diplomatic Immunities and Privileges
a. Personal Inviolability – the person of the diplomatic
representative is inviolable, he shall not be liable to any
form of arrest or detention.
(The Diplomatic envoy maybe arrested temporarily in
case of urgent danger, such as when he commits an act
of violence which makes it necessary to put him under
restraint for the purpose of preventing similar acts; but
he must be released and sent home in due time.)
b. Inviolability of premises and archives
 The agents of the receiving State may not enter
without the consent of the envoy, except in extreme
cases of necessity, or where there is imminent
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danger that a crime of violence is to be perpetrated
in the premises. Such premises cannot be entered or
searched, and neither can the goods, records, and
archives be detained by local authorities even under
the process of law.
ISSUANCE OF SUMMONS, ORDERS OR PROCESSES
 The service of writs, summons, orders or processes
within the premises of the mission or residence of
the envoy is prohibited.

CRIMINAL SEEKING REFUGE
Even if a criminal takes refuge within the premises,
the peace officers cannot break into such premises
for the purpose of apprehending him. The fugitive
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should, however, be surrendered upon demand by
local authorities, except when the right of asylum
exists.
(Unless the right is recognized by treaty or by local usage,
an envoy should not permit the premises of his mission
or his residence to be used as place of asylum for
fugitives from justice. An envoy may, however, in the
interests of humanity, afford temporary shelter to
persons in imminent peril of their lives.)
Right of Official Communication
a. Diplomatic Pouch – also known as diplomatic bag, it
must bear visible external marks that would identify it
as the diplomatic pouch. It should only contain
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diplomatic documents or articles intended for official
use.
b. Diplomatic Couriers – should always carry official
documents indicating their status as diplomatic
couriers and the number of packages they are
transporting.
Immunity from local jurisdiction
CRIMINAL OFFENSE
A diplomatic agent shall enjoy immunity from criminal
jurisdiction of the receiving State. Thus, he cannot be
arrested, prosecuted, and punished for any offense he may
commit, unless his immunity is waived expressly by the State.
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In such situation, the diplomat has no standing to protest the
waiver.
Implied waiver – where the diplomat chooses to initiate a civil
suit in a local court, he places himself under the jurisdiction
of that court.
Termination of diplomatic mission
The usual modes of terminating official relations:
a. Death
b. Resignation
c. Removal or Abolition of office
d. Recall by the sending State
e. Dismissal by the receiving State
f. War between the two States or extinction of the State
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Consular Relations
Consuls – are State agents residing abroad for various
purposes but mainly in the interest of commerce and
navigation.
1. KINDS OF CONSULS
a. Consules missi are professional and career consuls,
and nationals of the appointing State.
b. Consules electi are selected by the appointing State
either from its own citizens or from among nationals
abroad.
2. RANKS
a. Consul General who heads several consular
districts, or one exceptionally large consular district.
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b. Consul who takes charge of a small district or town
or port.
c. Vice Consul who assists the consul.
d. Consular agent who is usually entrusted with the
performance of certain functions by the consul.
Appointment
Two important documents are necessary
assumption of consular functions, namely:
before
the
a. Letters patent – letter of appointment or commission
which is transmitted by the sending State to the
Secretary of Foreign Affairs of the country where the
consul is to serve; and
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b. Exequatur – the authorization given to the consul by the
sovereign of the receiving State, allowing him to exercise
his function within the territory.
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Chapter 7 – TREATIES
Treaty – is defined as “an international agreement concluded
between States in written form and governed by international
law.
Terminology
a. When a treaty is multilateral, it is usually designated
as a convention.
b. If the instrument being referred to is merely ancillary or
subsidiary to a treaty, it is properly referred to as a
protocol.
c. Modus Vivendi refers to informal agreements between
States, usually involving peace.
d. Final Act is an instrument that records the winding up
of the conference proceedings.
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e. Joint Comminique is an issuance by ministers to the
press after the end of a meeting.
Late registration or non-registration of treaty
The late registration or non-registration will not affect
the validity of the instrument, but will affect the remedy
for its breach. The only consequence is that the
instrument cannot be invoked before any organ of the
United Nations.
Requisites for Validity
a. Doctrine of Unequal Treaties
– Treaties which have been imposed through coercion or
duress by a State of unequal character, is considered void.
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b. Doctrine of jus cogens
– Treaties whose provisions contravene the status of
peremptory norm of international law may be invalidated.
c. Erga Omnes obligations
– are obligations owed by the State to the entire
international community.
d. Ratification in accordance with constitutional processes
– Section 21, Article VII, Philippine Constitution,
provides: “No treaty or international agreement shall be
valid and effective unless concurred in by atleast 2/3 of all
the members of the Senate.”
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Treaties and Executive Agreements
The American Method
-whereby executive agreements were classified as those which
were made pursuant to an existing law or treaty, made subject
to congressional approval or implementation, or made in
accordance with the constitutional powers of the president.
Treaty-making Process
1. Negotiation
2. Signing of the treaty
a. Adoption – takes place when the States that took part in
the creation of the instrument certify that they have
reached a consensus to adopt the same.
b. Authentication – comes after adoption, is the process of
certifying that the final copy of the document which they
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are supposed to sign is the same as that which they
agreed upon.
c. Types of Signature
i. Simple (needs ratification)
ii. Definitive (automatic)
3. Ratification
- the act by which the provisions of a treaty are formally
confirmed and approved by a State, and by which the
State expresses its willingness to be bound by the
treaty.
(The President has the discretion even after the signing of the treaty,
whether or not to ratify the same. Accordingly, without the President’s
consent, the Executive Secretary and the Secretary of Foreign Affairs may
not be compelled by mandamus to transmit a copy of the Rome Statute
signed by a member of the Philippine mission to the UN to the senate for
concurrence.)
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o Accession / Adhesion - this is the process by which a
non-signatory State becomes a party to a treaty.
o Reservation - a unilateral statement, made by a State
when signing, ratifying, accepting, approving or
acceding to a treaty.
4. Entry into force
Pacta tertiis nocent necprosunt
– as a rule, treaties cannot impose obligations upon
States not parties to them.
Fundamental principles concerning treaties
Territorial Application
– a treaty is binding upon each party with respect to the entire
territory of that party
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Pacta sunt servanda
– treaties must be observed in good faith. If necessary, the
State concerned must even modify its national legislation and
constitution to make them conform to the treaty.
Rebus sic stantibus
– provides that a contracting State’s obligations under a treaty
terminates when a vital or fundamental change of
circumstances occurs, thus allowing a State to unilaterally
withdraw from a treaty, because of the “disappearance of the
foundation upon which it rests”.
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Requisites for Valid Invocation:
i. The change must be so substantial that the foundation
of the treaty must have altogether disappeared;
ii. The change must have been unforeseen or
unforeseeable at the time of the perfection of the treaty;
iii. The change must not have been caused by the party
invoking the doctrine;
iv. The doctrine must be invoked within a reasonable time;
v. The duration of the treaty must be indefinite; and
vi. The doctrine cannot operate retroactively
Termination Procedure
Similarities
– a written notice signed by an authorized representative
must first be given to the other State parties, and they shall
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be afforded at least three months to reply except in cases of
special urgency.
Consequences
a. Invalidation
b. Termination
c. Suspension
d. Withdrawals
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Chapter 8 – NATIONALITY AND
STATELESSNESS
Nationality – membership in a political community with its
concomitant rights and duties.
Acquisition of nationality
The modes of acquiring nationality are:
a. Birth
i. Jus sanguinis (by blood)
ii. Jus soli (by place of birth)
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b. Naturalization – this mode may be accomplished
through marriage, legitimation, option (election),
acquisition of domicile, appointment to government
office, or grant on application.
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