Killing or wounding a person in the knowledge that

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Unformatted text preview: its views on the matter. Q: If a treaty is not in writing, may it still be considered as such? A: Yes. Oral agreements between States are recognized as treaties under customary international law. Q: In case of conflict between a treaty and a statute, which would prevail? A: In case of conflict, the courts should harmonize both laws first and if there exists an unavoidable contradiction between them, the principle of lex posterior derogat priori ‐ a treaty may repeal a statute and a statute may repeal a treaty ‐ will apply. The later one prevails. In our jurisdiction, treaties entered into by the executive are ratified by the Senate and takes the form of a statute. g. NATIONALITY AND STATELESSNESS Q: What is nationality? A: It is membership in a political community with all its concomitant rights and obligations. It is the tie that binds the individual to his State, from which he can claim protection and whose laws he is obliged to obey. Q: What is citizenship? A: It has more exclusive meaning in that it applies only to certain members of the State accorded more privileges than the rest of the people who owe it allegiance. Its significance is municipal, not international. Q: What is multiple nationality? A:It is the possession by an individual of more than one nationality. It is acquired as the result of the concurrent application to him of the conflicting municipal laws of two or more States claiming him as their national. Q: What is statelessness? What are the kinds of statelessness? A: It is the condition or status of an individual who is either: 1. De Jure Stateless persons ‐ stripped of their nationality by their former government and without having an opportunity to acquire another 2. De Facto Stateless persons ‐ those who possess a nationality whose country does not give them protection outside their own country and who are commonly referred to as refugees. (Frivaldo v. COMELEC, G.R. No. 123755, June 28, 1996) Q: What are the consequences of statelessness? A: 1. No State can intervene or com...
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This document was uploaded on 03/12/2014.

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