PIL Case Doctrines

1. HWA PIA V CHINA BANKING (CONFISCATION VS. SEQUESTRATION) A belligerent state has the power to order the liquidation of an enemy bank in its occupied territories. Such liquidation is not a confiscation or appropriation of private property by an enemy state, which is prohibited under  international law; rather, it is a mere sequestration of the bank’s assets, which suggests the conservation of such assets, subject to further disposition by treaty between the belligerents at the end of the war. he purpose of the sequestration is that to prevent the inhabitants of the occupied territory from using these properties to further the interest of the enemy, and to impede the enemy’s war efforts. 2. THE INTERHANDEL CASE (RESERVATION, RECIPROCITY) !eciprocity in the case of "eclarations accepting the compulsory jurisdiction of the #ourt enables a $arty to invoke a reser reservatio vation n to that acce acceptanc ptancee whic which h it has not e%pressed e%pressed in its own "ec "eclarat laration ion but whic which h the other $arty has e%pressed in its "eclaration.& hus, if a party that has made a "eclaration unconditionally is brought to court by another that has made a "eclaration with conditions, the former can invoke the conditions in the latter’s "eclaration. 3. K URODA URODA V. JALANDONI (HAGUE GAIL) 'ven if the $hilippines was not a signatory to the (ague #onvention and was only a signatory of the )eneva #onvention in*+-, the $hilippine ilitary #ommission /a special military tribunal charged with the trial and  punishment of war criminals0 had jurisdiction over war crimes in violation of the two conventions prior to *+-. his is because the rules and regulations of the two conventions are wholly based on the generally accepted  principles of international law, and as such, they are adopted as part of the law of the land. he #ourt considered  jurisdiction over over war crimes crimes as part of customary customary law. law. !. ICHONG V HERNANDE" (RETAIL BUSINESS EQUAL PROTECTION FOR  FOR ALIENS ALIENS) he law which nationali1es the retail trade business was a valid e%ercise of police power and it does not deny the aliens the equal protection of the laws. here are real and actual, positive, and fundamental differences between an alien and a citi1en, which fully justify the legislative classification classification adopted. he difference in status between citi1ens and aliens constitutes a basis for reasonable classification classification in the e%ercise of   police power. power. he he alien is naturally naturally lacking in that spirit spirit of loyalty and and enthusiasm for the $hil. where he temporarily temporarily stays and makes his living. he alien owes no allegiance or loyalty to the State. #. PAQUETTE HABANA CASE (FISHING VESSELS E$E%PTION) he case enunciates the e%emption of fishing vessels from capture as pri1e of war. Such customary law is the result of long, almost immemorial, practice. here is a need to spare fishermen and their vessels from the effects of war, so long as they remain harmless. 2n times of war, the freedom of fishing is to be respected b y belligerents. &. COUNT BERNADOTTE CASE (R EPARATIONS EPARATIONS UN HAS PERSONALITY) 2n the event that an agent of the 3nited 4ations, in the performance of his duties, suffers injury in circumstances involving the responsibility of a State, the 3nited 4ations, as an 5rgani1ation, has the capacity6personality to bring an international claim against the responsible de jure or de facto government /whether a member or not0 with a view to obtaining the reparation due in respect of the damage caused by the breach of that State of its obligations towards the 34. he 34 has the capacity to e%ercise functional protection of its agents. '. NURE%BERG JUDG%ENT (PROSECUTION OF NA"I LEADERS) he 4uremberg rials had a great influence in the development of international criminal law. 2t is a series of military tribunals carried out for the prosecution of prominent leaders of 4a1i )ermany. he charges against the defendants were only defined as 7crimes7 88 i.e., crimes against peace, war crimes, and crimes against humanity 88 after they were committee. 9aw was created e% post facto to suit the passion and clamor of time. . BANCO NACIONAL DE CUBA V. SABBATINO (ACT OF STATE DOCTRINE) he 7act of state7 doctrine is a rule not of international law but of judicial restraint in domestic law whereby courts refrain from making decisions in deference to the e%ecutive who is the principal architect of foreign relations. 2t has :constitutional& underpinnings; it arises out of the basic relationships between branches of government in a system of separation of powers. he engagement of the udiciary in the task of passing on the validity of foreign acts of  state may hinder rather than further a country’s pursuit pursuit of goals both for itself and for the community of nations as a whole in the international sphere.

2n this case, the judiciary, in line with the Act of State "octrine, will not e%amine the validity of a taking of property within its own territory by a foreign sovereign government recogni1ed by this country in the absence of  international agreements to the contrary, even if the taking violates customary international law. . CORFU CHANNEL CASE (STATE RESPONSIBILITY) 2n this case, the #ourt concluded that the laying of the minefield could not have been accomplished without the knowledge of Albania. (aving knowledge of such, it became its duty to notify the ships proceeding through the Strait of the danger to which they were e%posed. he lack of attempt to prevent the disaster was a grave omission which gave rise to its international responsibility and duty to pay compensation to the victims. 1*. NOTTEBOH% CASE (EFFECTIVE NATIONALITY LINK ) he doctrine on effective nationality link is used to determine which of two states of which a person is a national will be recogni1ed as having the right to give diplomatic protection to the holder of dual nationality. $reference will  be given to the real and effective nationality, that which accorded with the facts, that based on stronger factual ties  between the person concerned and one of the States whose nationality is involved. Several factors, including his tradition, his establishment, his interests, his activities, his family ties, and his intentions for the near future, are considered to determine this effective link. 11. A%BATIELOS CASE (ARBITRATION ) 5ne method which allows sovereign states to undergo arbitration is through a valid treaty. >#onstitution? he State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature.

13. LLDA V. CA (CEASE+AND+DESIST) 99"A has the mandate to carry out the national policy of promoting the development and balanced growth of the 9aguna 9ake region. As provided in its charter, 99"A has the e%clusive authority to regulate the e%ploitation of  9aguna 9ake, as against the claim of municipalities around the lake, in order to effectively address the environmental and ecological stress on 9aguna 9ake. 2t, therefore, had the authority to issue the cease8and8desist order to the owners of unregistered fish pens. 1!. %%DA V CONCERNED R ESIDENTS OF %ANILA BAY (%ANDA%US TO CLEAN) #ontinuing mandamus is a writ issued by a court in an environmental case directing agency or  instrumentality of the government or officer thereof to perform an act or series of acts decreed by final  judgment which shall remain effective until judgment is fully satisfied. 'ven assuming the absence of a categorical legal provision specifically prodding "A to clean up the bay, they and the men and women representing them cannot escape their obligation to future generations of @ilipinos to keep the waters of the anila ay clean and clear as humanly as possible. Anything less would be a betrayal of the trust reposed in them. 1#. NICARAGUA V US 2n order to deduce the e%istence of customary rules, the #ourt deems it sufficient that the conduct of states should, in general, be consistent with such rules, and that instances of state conduct inconsistent with a given rule should generally have been treated as breaches of that rule, not as indications of the recognition of a new rule.

@or a new customary rule to be formed, not only must the acts concerned Bamount to a settled practice,’ but they must be accompanied by the opinio juris sive necessitatis . 'ither the States taking such action or other States in a  position to react to it, must have behaved so that their conduct is :evidence of a belief that this practice is rendered obligatory by the e%istence of a rule of law requiring it.& he need for such a belief, i.e., the e%istence of a subjective element, is implicit in the very notion of the opinio juris sive necessitatis .