Philippine Materials in International Law

Series: 

This is a collection of international law materials relating to the Philippines: excerpts of treaties and declarations; international judicial and arbitral decisions; and Philippine constitutional clauses, statutes and Supreme Court decisions.

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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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.
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

For any law practitioner called upon to deal with a Philippine-related case, this book is the go-to reference. Historians, law professors, and law students get access to documents rarely seen in the original text and never together in one volume.