Note this is available when this is or the parties

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: tions or states, and would be repugnant to the laws of humanity and requirements of public conscience, for it would allow invaders to legally recruit or enlist the quisling inhabitants of the occupied territory to fight against their own government without the latter incurring the risk of being prosecuted for treason. To allow suspension is to commit political suicide. Q: May an inhabitant of a conquered State be convicted of treason against the legitimate sovereign committed during the existence of belligerency? A: Yes. Although the penal code is a non‐political law, it is applicable to treason committed against the national security of the legitimate government, because the inhabitants of the occupied territory were still bound by their allegiance to the latter during the enemy occupation. Since the preservation of the allegiance or the obligation of fidelity and obedience of a citizen or subject to his government or sovereign does not demand from him a positive action, but only passive attitude or forbearance from adhering to the enemy by giving the latter aid and comfort, the occupant has no power, as a corollary of the preceding consideration, to repeal or suspend the operation of the law of treason. Q: What is succession of government? A: In succession of government, the integrity of the original State is not affected as what takes place is only a change in one of its elements, the government. Q: Give the effects of a change of government. A: 1. If the change is peaceful the new government assumes the rights and responsibilities of the old government. 2. If the change was effected thru violence, a distinction must be made: a. Acts of political complexion may be denounced b. Routinary acts of mere governmental administration continue to be effective. Q: What is recognition? 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 VIC...
View Full Document

This document was uploaded on 03/12/2014.

Ask a homework question - tutors are online