A member of the medical personnel assigned

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Unformatted text preview: cific case, that all States have a legal interest in its observance. (Case Concerning Barcelona Traction, Light and Power Company, Limited, Feb. 5, 1970) Q: How should States treat aliens within their territory? A: The standards to be used are the following: 1. National treatment/ equality of treatment – Aliens are treated in the same manner as nationals of the State where they reside 2. Minimum international standard – However harsh the municipal laws might be, against a State’s own citizens, aliens should be protected by certain minimum standards of humane protection. Note: States protect aliens within their jurisdiction in the expectation that their own nationals will be properly treated when residing or sojourning abroad. Q: Explain the Right of Asylum in international law. A: The right of asylum is the competence of every State inferred from its territorial supremacy to allow a prosecuted alien to enter and to remain on its territory under its protection and thereby grant asylum to him. Q: Who is a refugee? A: Any person who is outside the country of his nationality or the country of his former habitual ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 247 UST GOLDEN NOTES 2011 residence because he has or had well founded fear of persecution by reason of his race, religion, nationality, membership of a political group or political opinion and is unable or, because of such fear, is unwilling to avail himself of the protection of the government of the country of his nationality, or, if he has no nationality, to return to the country of his former habitual residence. Q: What are the elements before one may be considered as a refugee? A: 1. The person is outside the country of...
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