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Sept 29, 2012

1. Nationality and Statelessness

2. Treatment of Aliens, including Deportation

(compared with Extradition)

Nationality

1. History: prince-subject, duty of protection-loyalty

2. Concept : state-citizen (nation-national), duty of

protection-loyaltycitizenship - membership in political group

nationality - membership in ethno-cultural group

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PIL Rule 1: each State determines who its

nationals are- PCIJ Advisory Opinion on Tunis and Morocco

Nationality Decrees (1923)

Limitations:

- custom (Article 15, UDHR)

- treaty, e.g., Convention on the Reduction of

Statelessness (1961)

Opposability: Nottebohm Case (Liechtenstein v.

Guatemala) ICJ Judgment 1955

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PIL Rule 2: a State may exercise diplomatic protection

over its nationals- injury to national is injury to State

Corporations have nationality?

- Barcelona Traction Case (Belgium v. Spain) ICJJudgment 1970

Statelessness

1. Cause: unintentional and intentional

2. 1954 Status Convention, 1961 Reduction Convention

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Philippine practice

PIL Rule 1: Phil. Consti. Those whose fathers or mothersare citizens of the Philippines

PIL Rule 2: Migrant Workers and Overseas Filipinos Act

1995The State shall afford full protection to labor, local and

overseas, organized and unorganized, and promote full

employment and equality of employment opportunities for

all. Towards this end, the State shall provide adequate and

timely social, economic and legal services to Filipino

migrant workers.

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Treatment of Aliens

1. Concept: restriction on State action

2. Content- existing principle: injury to individual is basis for claim by

the nationality State

- new principle: injury to individual is basis for claim by the

individual3. two standards:

- national treatment standard

- international minimum standard

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Extradition

1. Treaty obligation only (no customary obligation)

2. Extradition vs. Deportation

- act (forcible transfer)

- object (individual/group, individual)

- role of other state (receive, request)

- international obligation (none, yes if treaty)

- purpose (immigration/criminal law, criminal proceeding)

- process (immigration law, extradition law)

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Philippine practice on extradition

- Presidential Decree No. 1069 (1977)

- Secretary of Justice v. Lantion, G.R. No. 139465,Resolution on Motion for Reconsideration dated October

17, 2000 [*not the Decision dated January 18, 2000]

- Government of USA v. Purganan, G.R. No. 148571,

Decision dated September 24, 2002- Government of USA v. Purganan, G.R. No. 148571,

Separate Opinion of Justice Vitug on the Resolution on

Motion for Reconsideration dated December 17, 2002

- Government of HKSAR v. Olalia, G.R. No. 153675, April 19,2007