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-loyalty citizenship - membership in political group nationality - membership in ethno-cultural group

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

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) ICJ Judgment 1970 Statelessness
1. Cause: unintentional and intentional 2. 1954 Status Convention, 1961 Reduction Convention

Philippine practice
PIL Rule 1: Phil. Consti. Those whose fathers or mothers are citizens of the Philippines PIL Rule 2: Migrant Workers and Overseas Filipinos Act 1995 The 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.

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 individual 3. two standards: - national treatment standard - international minimum standard

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)

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