Professional Documents
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SETTLEMENT OF DISPUTES
Peaceful settlement of disputes is compulsory. If a bilateral settlement fails, UNCLOS requires submission of the
dispute for
compulsory settlement in one of the tribunals clothed with jurisdiction. The alternatives are the International Tribunal
for the
Law of the Sea, the ICJ, or an arbitral tribunal constituted under the Convention.
Q. PEACEFUL USE OF THE OCEANS
In exercising their rights and performing their duties under UNCLOS, states shall refrain from any threat or use of
force
against the territorial integrity or political independence of any State, or in any other manner inconsistent with the
principles
of international law embodied in the UN Charter.
R. ARCHAEOLOGICAL AND HISTORICAL OBJECTS
States have the duty to protect objects of an archaeological and historical nature found at sea.
Jurisdiction
Brownwell v. Sun Life Assurance Company
effect in a country other than the country of origin, provided
the former, in which it is sought to be made operative, gives its consent thereto.
it is enough that said consent be implied from its conduct or from that of its authorized officers.
Philippines is based concurrently on the tacit consent thereto and the conduct of the Philippine
Government itself in receiving the benefits of its provisions.
People v. Lol-lo and Saraw
competent tribunal of any country where the offender may be found or into which he may be carried.
The jurisdiction of piracy unlike other crimes has no territorial limits.
o Piracy is robbery or forcible depredation on the high seas without lawful authority and done animo
furandi and in the spirit and intention of universal hostility.
Tubb v. Greiss
its government or sovereign, is exempt from the civil and criminal jurisdiction of the place.
o Grant of free passage implies a waiver of all jurisdiction over the troops during their passage and
permits the foreign general to use that discipline, and to inflict those punishments which the
government of his army may require.
W h e t h e r o r n o t s u c h A c t i s s t i l l b i n d i n g d e s p i t e
e c o m p l e t e independence of the Philippines from American government?
HELD:
Yes. T h e e x t e n s i o n o f t h e P h i l i p p i n e P r o p e r t y A c t o f 1 9 4 6 i s c l e a r l y
i m p l i e d from the acts of the President of the Philippines and the Secretary of
ForeignAffairs, as well as by the enactment of R.A. Nos. 7, 8 and 477.
t h
FACTS: On or about June 30, 1920, six vintas intercepted two Dutch boats which was on its way
between the islands of Buang and Bukid in the Dutch East Indies. The six vintas were manned by
24 armed Moros. The dutch boats were carrying men, women and children. At first, the Moros
asked for food, but once on the Dutch boats, took for themselves all the vessels cargo, attacked
some of the men and brutally violated 2 of the women by methods too horrible to be described.
All of the persons on the boat, with the exception of the 2 young women, were again placed on it
and holes were made on it and holes were made on it, with the idea that it would submerge. Two
of the Moro pirates, late identified as Lol-lo and Saraw later returned to Tawi-tawi, Sulu where
they were arrested.
STATE: Piracy.
ACCUSED: The offense charged was not within the jurisdiction of the CFI of Sulu nor any court of
the Philippine Islands, and that the facts did not constitute a public offense, under the laws in
force in the Philippine Islands.
HELD: It cannot be contended with any degree of force that the CFI of Sulu was without
jurisdiction on the case. Piracy is a crime not against any particular state but against all
mankind. It may be punished in the competent tribunal of any country where the offender may
be found or into which he may be carried. Nor does it matter that the crime was committed
within the jurisdictional 3-mile limit of a foreign state. The crime of piracy was accompanied by
rape and the abandonment of persons without means of saving themselves. LOl-lo was penalized
with death by being hanged until dead while Saraw were penalized with life imprisonment.