Politics and Governance

1. GENERAL RIGHTS AND
OBLIGATIONS OF THE STATE

2. Right to exist as a Sovereign
Political Entity

3. Right to Equality
Section 8 of the Human Rights Act 2004 says that:
1. Everyone has the right to recognition as a person before the law.
-this is an absolute right which under international law, cannot
be limited under any circumstances.

4. 2. Everyone has the right to enjoy his or her human rights without
distinction or discrimination of any kind.
- everyone has the same rights and deserves the same level of
respect.

5. 3. Everyone is equal before the law and is entitled to the equal
protection of the law without discrimination.
-this right refers to the enforcement and administration of the
law.

6. Right to Diplomatic Legation
- the right of legation is also known as the right of diplomatic
intercourse, this refers to the right of the state to send and review
diplomatic missions which enables states to carry on friendly
intercourse.

7. -it is not a natural on inherent right but exist only by common consent. No
legal liability is incurred by the state for refusing to send or receive diplomatic
representatives.

8. 1. Agents of Diplomatic Intercourse
a. Head of State- he is the embodiment of and represents the
sovereignty of the state and enjoys the right to special protection for
his physical safety and the preservation of his honor and reputation.

9. b. The Foreign Office. The actual day to day conduct of foreign
affairs is usually entrusted to a foreign office, headed y a secretary or a
minister, who, in proper cases may make binding declarations on
behalf of his government.

10. 2. Establishment of Resident Missions.
-states carry on diplomatic intercourse through permanent
missions established in the capitals of other states. The mission is
composed of:

11. a. Head of Mission
b. Diplomatic Staff- composed of those engaged in diplomatic
activities and are accorded diplomatic rank.
c. Administrative and Technical Staff- consisting of those
employed in the administrative and technical service of the mission.
d. Service Staff- those engaged in the domestic service of the
mission.

12. 3. The Diplomatic Corps.
-according to custom, all diplomatic envoys accredited to the
same state form a body known as the “Diplomatic Corps”.
4. Appointed of Envoys.
-in the Philippines, it is the President who sends and instructs the
diplomatic and consular representatives, and his precognitive to
determine the assignments of the country’s diplomatic representatives
cannot be questioned.

13. 5. Functions and Duties. The main functions of a diplomatic mission
are:
a. Representing the sending state in the receiving state.
b. Protecting in the receiving state the interest of the sending
state and nationals, within the limits allowed by international law.
c. Negotiating with the government of the receiving state.

14. d. Ascertaining by all lawful means the conditions developments
in the receiving state and reporting those to the sending state.
e. promoting friendly relations between the sending state and
the receiving state, and the developing their economic cultural and
scientific relations.

15. 6. Diplomatic Immunities and Privileges.
-except as provided below, the following diplomatic immunities
and privileges shall be enjoyed by the envoy and the members of the
diplomatic retinue, the administrative and technical staff.

16. 7. Duration of Immunities/Privileges.
-the privileges are enjoyed by the envoy from the moment he
enters the territory of the receiving state, and shall cease only the
moment he leaves the country, or expiry of a reasonable time in which
to do so, although with respect of official , immunity shall continue
indefinitely.

17. -these privileges are available even in , when traveling though a
third state on the way to our from receiving state.

18. 8. Termination of Diplomatic Mission.
-the usual modes of terminating official relations, such as death,
resignation, removal or abolition of office, will terminate the diplomatic
mission.

19. Right to Territorial Jurisdiction
-territorial jurisdiction in United States law refers to a country’s power over events and
person within the bounds of a particular geographic territory. If a court does not have
territorial jurisdiction over the events or persons within it, then the court cannot bind the
defendant to an obligation or adjudicate any rights involving them.

20. Types of Jurisdictional Territory within the
International System.

21. • Incorporated national territory, within which all residents are
considered American citizens.
• Unincorporated, this can include territories in which the residents do
not have full rights.
• Trust territories or dependencies, these are territories with same of
the attributes of a nation state but not full independence,
administered by a nation, perhaps with international sanction.

22. • Occupied Territories, these are usually the result of war and conquest
and ruled by martial law imposed by the conqueror.
• International commons, territory not under the jurisdiction of any
nation, but open to use by all subject to treaty restrictions. This
includes the high seas beyond coastal territorial limits.

23. • Foreign military bases, like diplomatic families, they may or may not
constitute territory of the nation whose forces are stationed there,
depending on a status of forces agreement.