Because a refugee approximates a stateless person he

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Unformatted text preview: igations The government must enjoy popular consent or approval of the people Q: What is the Tobar or Wilson doctrine? A: It precludes recognition to any government coming into existence by revolutionary means so long as the freely elected representatives of the people thereof have not constitutionally reorganized the country. Q: What is the Estrada Doctrine? A: It involves a policy of never issuing any declaration giving recognition to governments and of accepting whatever government is in effective control without raising the issue of recognition. An inquiry into legitimacy would be an intervention in the internal affairs of another State. Q: Distinguish de jure recognition from de facto recognition. A: RECOGNITION DE JURE Relatively permanent Vests title to properties of government abroad Brings about full diplomatic relations RECOGNITION DE FACTO Provisonal (e.g.: duration of armed struggle) Does not vest title to properties of government abroad Limited to certain juridical relations Q: What are the effects of recognition? A: VIP Ces 1. The recognized State acquires Capacity to enter into diplomatic relations. Recognized State acquires capacity to sue in courts of recognizing State. 2. Immunity from jurisdiction of courts of law of recognizing State. 3. Entitled to receive and demand possession of Properties situated within the jurisdiction of the recognizing State which are owned by recognized State. 4. Validity of the acts and decrees of recognized state/ government precluding courts of the recognizing POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. PUBLIC INTERNATIONAL LAW state from passing j...
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