Documents

10 pages
5 views

QA PIL

Please download to get full document.

View again

of 10
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Share
Description
Thursday, February 16, 2012 1.In the case of Laurel v. Misa,(1947) Justice Perfecto, enumerated four kinds of Allegiance. What are these? Answer: Allegiance is of four kinds, namely: (1) Natural allegiance that which arises by nature and birth; (2) acquired allegiance that arising through some circumstance or act other than birth, namely, by denization or naturalization; (3) local allegiance-- that arising from residence simply within the country, for however short a time; and (4) legal allegian
Transcript
  Thursday, February 16, 2012 1.In the case of Laurel v. Misa,(1947) Justice Perfecto, enumerated four kinds of Allegiance.What are these?Answer: Allegiance is of four kinds, namely: (1) Natural allegiance that which arises by natureand birth; (2) acquired allegiance that arising through some circumstance or act other than birth,namely, by denization or naturalization; (3) local allegiance-- that arising from residence simplywithin the country, for however short a time; and (4) legal allegiance that arising from oath,taken usually at the town or leet, for, by the common law, the oath of allegiance might betendered to every one upon attaining the age of twelve years. (3 C.J.S., p.885.) 2. (a) In extradition proceedings, are prospective extraditees entitled to notice andhearing before warrants for their arrest can be issued? (b) Equally important, are they entitled tothe right to bail and provisional liberty while the extradition proceedings are pending? (c) Whatare the exceptions to the general rule? An swer: In general, the answer to these two novel questions is “No.” The   explanation  ofand the reasons  for, as well as the exceptions  to, this rule are laid out in thisDecision.(USA v. Purganan, 2002)x x x Accordingly and to best serve the ends of justice, we believe and so hold that, after a potential extraditee has been arrested orplaced under the custody of the law, bail may be applied for and granted asan exception  , only upon a clear and convincing showing (1) that, once granted bail, theapplicant will not be a flight risk or a danger to the community; and (2) that there existspecial, humanitarian and compelling circumstances including, as a matter ofreciprocity, those cited by the highest court in the requesting state when it grantsprovisional liberty in extradition cases therein.3. Supply the missing word: (a) _____________  is the state of being exempt fromthe  jurisdiction of local law, usually as the result of diplomatic negotiations (b )_______________  , a term of international law,used to denominate certain immunities from the application of the rule that every person is subject for all acts donewithin the boundaries of a state to its local laws.(c)  ______________   has also been granted by treaty to the subjects and citizens ofcontracting Christian states resident within the territory of certain non-Christian states.(d)Lastly, it is held that when armies or regiments are allowed by a foreign state to crossits territory, they necessarily have  __________________ rights .(e) An historic case of  __________________  was the seizure of the railwaysof Nicaragua by Brown Brothers and Harriman, a U.S. banking firm. Under the Knox- Castrillo Treaty of 1911 these railroads became legally part of the State of Maine,according to former president of Guatemala, Juan José Arévalo,in his book The Shark and the Sardines  (Lyle Stuart, New York, 1961).Answer: http://www.1911encyclopedia.org/Exterritoriality   (a) Extraterritoriality is the state of being exempt from thejurisdictionof local law,usually as the result of diplomatic negotiations   (b) Exterritoriality, a term ofinternational law,used to denominate certain immunitiesfrom the application of the rule that every person is subject for all acts done within theboundaries of a state to its local laws. (c) Exterritoriality has also been granted by treaty to the subjects and citizens ofcontracting Christian states resident within the territory of certain non-Christian states. (d)Lastly, it is held that when armies or regiments are allowed by a foreign state to crossits territory, they necessarily have (d) exterritorial rights . (e) An historic case of extraterritoriality was the seizure of the railwaysofNicaraguaby Brown Brothers and Harriman, a U.S. banking firm. Under the Knox-Castrillo Treaty of 1911 these railroads became legally part of the State of Maine,according to former president ofGuatemala,Juan José Arévalo,in his book The Shark and the Sardines  (Lyle Stuart, New York, 1961). 4. What is the last step in the treaty-making process? What is expected to be achievedon said step? If there is no affectivity date specified in the treaty, what should be itseffectivity date?ANSWER:The last step in the treaty-making process is the exchange of the instruments of ratification  , which usually also signifies the effectively of the treaty unless a differentdate has been agreed upon by the parties. Where ratification is dispensed with and noeffectivity clause is embodied in the treaty, the instrument is deemed effective upon itssignature.5. The petitioner is a minor and a resident of the Philippines. Private respondentNorthwest Orient Airlines (NOA) is a foreign corporation with principal office inMinnesota, U.S.A., and licensed to do business and maintain a branch office in thePhilippines.On October 21, 1986, the petitioner purchased from NOA a round-trip ticket in SanFrancisco, U.S.A., for his flight from San Francisco to Manila via Tokyo and back. Thescheduled departure date from Tokyo was December 20, 1986. No date was specifiedfor his return to San Francisco.On December 19, 1986, the petitioner checked in at the NOA counter in the SanFrancisco airport for his scheduled departure to Manila. Despite a previous confirmationand re-confirmation, he was informed that he had no reservation for his flight fromTokyo to Manila. He therefore had to be wait-listed.On March 12, 1987, the petitioner sued NOA for damages in the Regional Trial Court ofMakati. On April 13, 1987, NOA moved to dismiss the complaint on the ground of lack of jurisdiction. Citing the above-quoted article, it contended that the complaint could beinstituted only in the territory of one of the High Contracting Parties, before:1. the court of the domicile of the carrier;2. the court of its principal place of business;3. the court where it has a place of business through which the contract had beenmade;4. the court of the place of destination.The private respondent contended that the Philippines was not its domicile nor was thisits principal place of business. Neither was the petitioner's ticket issued in this countrynor was his destination Manila but San Francisco in the United States.On February 1, 1988, the lower court granted the motion and dismissed the case  QUESTION: Is the dismissal correct? Explain your answer. ANSWER: Yes. AUGUSTO BENEDICTO SANTOS III, represented by his father andlegal guardian, Augusto Benedicto Santos, petitioner  , vs  . NORTHWEST ORIENTAIRLINES and COURT OF APPEALS, respondents  . [G.R. No. 101538. June 23, 1992]6.(a) According to Jessup, what is the meaning of the doctrine of Rebus sic stantibus?(b) What is the key element of said doctrine?(c) Does this doctrine operateautomatically to render a treaty inoperative?ANSWER: The petitioner is invoking the doctrine of rebus sic stantibus. According toJessup, this doctrine constitutes an attempt to formulate a legal principle which would justify non-performance of a treaty obligation if the conditions with relation to which theparties contracted have changed so materially and so unexpectedly as to create asituation in which the exaction of performance would be unreasonable. The keyelement of this doctrine is the vital change in the condition of the contracting parties thatthey could not have foreseen at the time the treaty was concluded. The doctrineof rebus sic stantibus does not operate automatically to render the treaty inoperative.There is a necessity for a formal act of rejection, usually made by the head of State,with a statement of the reasons why compliance with the treaty is no longer required. 7.   SUPPLY THE missing words:   (A) __________ (in relation to everyone) is frequently used in legal terminologydescribing obligationsor rights  toward all  .(B) An  ________ right (a statutory right) can here be distinguished from a right basedon contract,which is only enforceable against the contracting party. In international law it has been used as a legal term describing obligations owed by states towards the community of states as a whole. (C)An  _________ obligation exists because of the universal and undeniable interest inthe perpetuation of critical rights (and the prevention of their breach). Consequently, anystate has the right to complain of a breach.(D)Examples of _________ norms include piracy, genocide, slavery,and racial discrimination.The concept was recognized in the International Court of Justice's decision in the  Barcelona Traction   case [(Belgium v Spain) (Second Phase) ICJ Rep1970 3 at paragraph 33]: ANSWER: Erga omnes  (in relation to everyone) is frequently used in legal terminologydescribingobligationsorrights toward all  . For instance aproperty rightis an erga omnes  right, and therefore enforceable against anybody infringing that right. An erga omnes  right (a statutory right) can here be distinguished from a right based oncontract, which is only enforceable against the contracting party. Ininternational lawit has been used as a legal term describing obligations owedbystatestowards the community of states as a whole. An erga omnes  obligation existsbecause of the universal and undeniable interest in the perpetuation of critical rights(and the prevention of their breach). Consequently, any state has the right to complain  of a breach. Examples of erga omnes norms includepiracy,genocide,slavery,  andracial discrimination.The concept was recognized in theInternational Court of Justice's decision in the  Barcelona Traction   case [(Belgium v Spain) (Second Phase)ICJ Rep 1970 3 at paragraph 33]:  8. A. What is international humanitarian law (IHL)? (b) Name at least two sources of IHL? (c)When does international humanitarian law apply?ANSWER: A. What is international humanitarian law?  In addition to this very operational side of its work, the ICRC is also the promoter andguardian of international humanitarian law, the body of rules applicable in armed conflictwhich     protect those not or no longer taking active part in hostilities     regulate permissible means and methods of warfare. The principal sources of international humanitarian law today are     the four Geneva Conventions of 1949;     the two Additional Protocols thereto of 1977;     a number of treaties prohibiting or restricting the use of specific weapons, eg the 1980 Conventionon Certain Conventional Weapons and its protocols;     the 1954 Convention on the Protection of Cultural Property in the Event of War;     instruments establishing international mechanisms for the enforcement of internationalhumanitarian law such as the 1998 Statute of the International Criminal Court;     an important body of customary law. B. When does international humanitarian law apply?  As I stated earlier, international humanitarian law applies in times of armed conflict. This begs the deceptively simple question of “what constitutes an armed conflict”? While in 1974 General Assembly adopted a definition of aggression, nowhere - neither ininternational humanitarian law instruments nor in any other body of international law  –  do we find a definition of armed conflict.If we look to international humanitarian law treaties for guidance, while we do not find adefinition, we do have provisions indicating when relevant conventions are applicable.International humanitarian law recognises two types of conflict: international armed
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks
SAVE OUR EARTH

We need your sign to support Project to invent "SMART AND CONTROLLABLE REFLECTIVE BALLOONS" to cover the Sun and Save Our Earth.

More details...

Sign Now!

We are very appreciated for your Prompt Action!

x