Overview

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.

Full Product Details

Author:   Raul C Pangalangan
Publisher:   Brill
Imprint:   Martinus Nijhoff
Volume:   11
Weight:   0.973kg
ISBN:  

9789004469716

ISBN 10:   9004469710
Pages:   496
Publication Date:   18 November 2021
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   In stock  
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Table of Contents

Acknowledgements Note to the Reader Introduction 1 Constituting 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) 2 The 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 3 National 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 4 The 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) 5 Sources 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 6 U.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 7 Human 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 8 Immunities   Immunity of States   Immunity of International Organizations  i States  ii International Organizations 9 Extradition   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) 10 International 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

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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.

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