Thestatewillbeheldliable only if by reason of its

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Unformatted text preview: boundary and other territorial agreements continue to be binding notwithstanding (utipossidetis rule) Q: Give the effects of a change of sovereignty on municipal laws. A: 1. Laws partaking of a political complexion are abrogated automatically. 2. Laws regulating private and domestic rights continue in force until changed or abrogated. Q: What is the effect of change of sovereignty when the Spain ceded the Philippines to the U.S.? A: The effect is that the political laws of the former sovereign are not merely suspended but abrogated. As they regulate the relations between the ruler and the ruled, these laws fall to the ground ipso facto unless they are retained or re‐enacted by positive act of the new sovereign. Non‐political laws, by contrast, continue in operation, for the reason also that they regulate private relations only, unless they are changed by the new sovereign or are contrary to its institutions. Q: What is the effect of Japanese occupation to the sovereignty of the U.S. over the Philippines? A: Sovereignty is not deemed suspended although acts of sovereignty cannot be exercised by the legitimate authority. Thus, sovereignty over the Philippines remained with the U.S. although the Americans could not exercise any control over the occupied territory at the time. What the belligerent occupant took over was merely the exercise of acts of sovereignty. Q: Distinguish between Spanish secession to the U.S. and Japanese occupation during WWII regarding the political laws of the Philippines. A: There being no change of sovereignty during the belligerent occupation of Japan, the political laws of the occupied territory are merely suspended, subject to revival under jus postliminiumupon the end of the occupation. In both cases, however, non‐political laws, remains effective. Q: Was there a case of suspended allegiance during the Japanese occupation? A: None. Adoption of the theory of suspended allegiance would lead to disastrous consequences for small and weak na...
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