Philippine Materials in International Law: Brill's Asian Law Series, cartea 11
Autor Raul C Pangalanganen Limba Engleză Hardback – 17 noi 2021
Today new theories abound, calling for comparative perspectives that look at international law through the lens of national and regional practice. This book engages with that challenge at a concrete level, e.g., how Marcos's human rights abuses were litigated abroad but never in Philippine courts, and how victim claims for reparations are, ironically, blocked by the Philippine Government citing the Filipino people’s competing claims over Marcos's ill-gotten wealth. It retells Philippine history using international law, and re-examines international law using the Philippine experience.
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Specificații
ISBN-13: 9789004469716
ISBN-10: 9004469710
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Brill's Asian Law Series
ISBN-10: 9004469710
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Brill's Asian Law Series
Cuprins
Acknowledgements
Note to the Reader
Introduction
1Constituting the Philippine State in International Law
Overview
From the August 1896 Uprising to the December 1897 Peace Agreement
America Wages War on Spain and Brings Aguinaldo to Manila
The U.S. Takes Manila and Spain Cedes the Philippine Archipelago
Aguinaldo’s Government Protests the U.S.-Spain Negotiations over the Philippines
I Declaration of a State of War by Governor-General Ramón Blanco (Martial Law Proclamation) (1896)
ii Act of Agreement Adopted for the Pacification of the Island of Luzon (Pact of Biak-na-Bato) (1897)
iii Declaration of Philippine Independence (1898)
iv U.S. President William McKinley: Messages on the Philippine Campaign
v Basis for Establishment of Peace (Protocol of Peace) (1898)
vi Treaty of Peace between Spain and the United States (Treaty of Paris) (1898)
vii Treaty between the Kingdom of Spain and United States of America for Cession of Outlying Islands of the Philippines (Cession Agreement) (1900)
viii Felipe Agoncillo’s Official Protest against the Paris Peace Treaty (1898)
ix Aguinaldo’s Manifesto Protesting the United States’ Claim of Sovereignty over the Philippines (1899)
x Political Constitution of the Republic (Malolos Constitution) (1899)
xi Proclamation on U.S. President Theodore Roosevelt’s Pardon of the People of the Philippine Archipelago (Amnesty Proclamation) (1902)
xii The Philippine Autonomy Act (Jones Law) (1916)
xiii Philippine Independence Act (Tydings-McDuffie Act) (1934)
xiv U.S. President Harry S. Truman’s Proclamation of Philippine Independence (1946)
xv Philippine Statute Changing Date of Philippine Independence Day from July 4 (from the Date of Truman’s Proclamation) to June 12 (from the Date of Aguinaldo’s 1898 Declaration of Independence)
2The Armed Conflict with the United States before the Courts and Courts-Martial
Overview
Courts-Martial for Breaches of the Laws of War
Arbitral Proceedings over Damages Caused by the “Insurgents”
U.S. Amnesty of the “Insurgents”
i Courts-Martial by the United States (1901–02)
ii International Arbitration Arising from the Armed Conflict
iii Cases Decided by Philippine Courts
3National Territory
Overview
Terrestrial Claims
Maritime Territory
i The National Territory vis-à-vis Other States
ii The National Territory vis-à-vis Claims of Internal Autonomy
4The Philippines and the International Court of Justice
Overview
The Philippine Submission to Compulsory Jurisdiction
1982 Manila Declaration
Philippine Participation in the Work of the Court
i Philippine Declaration Submitting to Compulsory Jurisdiction (1972)
ii Manila Declaration on the Peaceful Settlement of International Disputes
iii Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia v. Malaysia) (Permission to Intervene by the Philippines) (2001)
5Sources of International Law
Overview
Key Constitutional Clauses
Executive Agreements
Role of the Legislative Branch
“Soft Law”
Recommendations by Human Rights Treaty Bodies
Termination and Withdrawal from a Treaty
i icj Statute
ii The Treaty Clause in Relation to the Incorporation Clause
iii Non-Treaty Sources of International Obligation
iv Unilateral Declarations: Province of North Cotabato v. Government of the Republic of the Philippines Peace Panel on Ancestral Domain (2008)
v Recommendations by Human Rights Treaty Bodies: Felipe and Evelyn Pestaño, Communication No. 1619/2007 (Views of the Human Rights Committee, 2010)
vi “Soft Law”
vii Treaties
6U.S. Military Bases
Overview
1 1987 Constitution of the Republic of the Philippines
i Philippine Commonwealth and Independence Act (1934)
ii Treaty of General Relations between the Republic of the Philippines and the United States of America (1946)
iii bayan v. Zamora (2000)
iv Lim v. Executive Secretary (2002)
v Nicolas v. Romulo (2009)
vi Saguisag v. Ochoa, Jr. (2016)
vii Opinions of the Secretary of Justice: Other Military Agreements Treated as Mere Executive Agreements
7Human Rights Cases from the Marcos Dictatorship
Overview
Reparations Claims in U.S. Courts under the Alien Tort Claims Act
Procedural Impediments to Enforcement in Philippine Courts
Competing Claims over the Marcos Assets: The Government’s Claim for Forfeiture Stolen Wealth versus The Human Rights Victims’ Claim for Reparations
Legislative Relief for the Marcos Human Rights Victims
Historical Revisionism
i Human Rights Victims’ Claims in U.S. Courts under the U.S. Alien Tort Claims Act and Their Enforcement in Philippine Courts
ii Historical Revisionism through the Courts
8Immunities
Immunity of States
Immunity of International Organizations
i States
ii International Organizations
9Extradition
The Philippines as the Requested State
i The Philippines as the Requested State
ii The Philippines as the Requesting State: Philippine Request for the Extradition of Rodolfo Pacificador (2002)
10International Criminal Law
Extra-Territorial Criminal Jurisdiction: Piracy in the High Seas
Crimes Committed during World War ii
Command Responsibility
The International Criminal Court
The Legal Treatment of Armed Groups: Overlap between the Domestic Crime of Rebellion and ihl Rules on Non-International Armed Conflicts
i Extra-Territorial Criminal Jurisdiction: People v. Lol-lo and Saraw (1922)
ii Crimes Committed During wwii
iii Command Responsibility
iv The International Criminal Court
v The Application of International Law to Armed Rebel Groups in the Philippines
Index
Note to the Reader
Introduction
1Constituting the Philippine State in International Law
Overview
From the August 1896 Uprising to the December 1897 Peace Agreement
America Wages War on Spain and Brings Aguinaldo to Manila
The U.S. Takes Manila and Spain Cedes the Philippine Archipelago
Aguinaldo’s Government Protests the U.S.-Spain Negotiations over the Philippines
I Declaration of a State of War by Governor-General Ramón Blanco (Martial Law Proclamation) (1896)
ii Act of Agreement Adopted for the Pacification of the Island of Luzon (Pact of Biak-na-Bato) (1897)
iii Declaration of Philippine Independence (1898)
iv U.S. President William McKinley: Messages on the Philippine Campaign
v Basis for Establishment of Peace (Protocol of Peace) (1898)
vi Treaty of Peace between Spain and the United States (Treaty of Paris) (1898)
vii Treaty between the Kingdom of Spain and United States of America for Cession of Outlying Islands of the Philippines (Cession Agreement) (1900)
viii Felipe Agoncillo’s Official Protest against the Paris Peace Treaty (1898)
ix Aguinaldo’s Manifesto Protesting the United States’ Claim of Sovereignty over the Philippines (1899)
x Political Constitution of the Republic (Malolos Constitution) (1899)
xi Proclamation on U.S. President Theodore Roosevelt’s Pardon of the People of the Philippine Archipelago (Amnesty Proclamation) (1902)
xii The Philippine Autonomy Act (Jones Law) (1916)
xiii Philippine Independence Act (Tydings-McDuffie Act) (1934)
xiv U.S. President Harry S. Truman’s Proclamation of Philippine Independence (1946)
xv Philippine Statute Changing Date of Philippine Independence Day from July 4 (from the Date of Truman’s Proclamation) to June 12 (from the Date of Aguinaldo’s 1898 Declaration of Independence)
2The Armed Conflict with the United States before the Courts and Courts-Martial
Overview
Courts-Martial for Breaches of the Laws of War
Arbitral Proceedings over Damages Caused by the “Insurgents”
U.S. Amnesty of the “Insurgents”
i Courts-Martial by the United States (1901–02)
ii International Arbitration Arising from the Armed Conflict
iii Cases Decided by Philippine Courts
3National Territory
Overview
Terrestrial Claims
Maritime Territory
i The National Territory vis-à-vis Other States
ii The National Territory vis-à-vis Claims of Internal Autonomy
4The Philippines and the International Court of Justice
Overview
The Philippine Submission to Compulsory Jurisdiction
1982 Manila Declaration
Philippine Participation in the Work of the Court
i Philippine Declaration Submitting to Compulsory Jurisdiction (1972)
ii Manila Declaration on the Peaceful Settlement of International Disputes
iii Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia v. Malaysia) (Permission to Intervene by the Philippines) (2001)
5Sources of International Law
Overview
Key Constitutional Clauses
Executive Agreements
Role of the Legislative Branch
“Soft Law”
Recommendations by Human Rights Treaty Bodies
Termination and Withdrawal from a Treaty
i icj Statute
ii The Treaty Clause in Relation to the Incorporation Clause
iii Non-Treaty Sources of International Obligation
iv Unilateral Declarations: Province of North Cotabato v. Government of the Republic of the Philippines Peace Panel on Ancestral Domain (2008)
v Recommendations by Human Rights Treaty Bodies: Felipe and Evelyn Pestaño, Communication No. 1619/2007 (Views of the Human Rights Committee, 2010)
vi “Soft Law”
vii Treaties
6U.S. Military Bases
Overview
1 1987 Constitution of the Republic of the Philippines
i Philippine Commonwealth and Independence Act (1934)
ii Treaty of General Relations between the Republic of the Philippines and the United States of America (1946)
iii bayan v. Zamora (2000)
iv Lim v. Executive Secretary (2002)
v Nicolas v. Romulo (2009)
vi Saguisag v. Ochoa, Jr. (2016)
vii Opinions of the Secretary of Justice: Other Military Agreements Treated as Mere Executive Agreements
7Human Rights Cases from the Marcos Dictatorship
Overview
Reparations Claims in U.S. Courts under the Alien Tort Claims Act
Procedural Impediments to Enforcement in Philippine Courts
Competing Claims over the Marcos Assets: The Government’s Claim for Forfeiture Stolen Wealth versus The Human Rights Victims’ Claim for Reparations
Legislative Relief for the Marcos Human Rights Victims
Historical Revisionism
i Human Rights Victims’ Claims in U.S. Courts under the U.S. Alien Tort Claims Act and Their Enforcement in Philippine Courts
ii Historical Revisionism through the Courts
8Immunities
Immunity of States
Immunity of International Organizations
i States
ii International Organizations
9Extradition
The Philippines as the Requested State
i The Philippines as the Requested State
ii The Philippines as the Requesting State: Philippine Request for the Extradition of Rodolfo Pacificador (2002)
10International Criminal Law
Extra-Territorial Criminal Jurisdiction: Piracy in the High Seas
Crimes Committed during World War ii
Command Responsibility
The International Criminal Court
The Legal Treatment of Armed Groups: Overlap between the Domestic Crime of Rebellion and ihl Rules on Non-International Armed Conflicts
i Extra-Territorial Criminal Jurisdiction: People v. Lol-lo and Saraw (1922)
ii Crimes Committed During wwii
iii Command Responsibility
iv The International Criminal Court
v The Application of International Law to Armed Rebel Groups in the Philippines
Index
Notă biografică
Raul C. Pangalangan is a former Judge at the International Criminal Court, where he presided over the first ICC trial of war crimes involving attacks against religious and historical heritage. He is a Professor of Law and former Law Dean at the University of the Philippines. He holds the Diploma of The Hague Academy of International Law and received his S.J.D. from the Harvard Law School.