Public International Law
TREATMENT OF ALIENS
I. Deportation - Expulsion of an individual from a state where he is alleged to have
committed a crime or has been convicted of a crime within its territory back to his state
of origin. A unilateral act of the local state, based on causes in the local state, an
undesirable alien may be deported to a state other than his own or the state of origin.
Expulsion of an alien considered undesirable by local state, usually but not necessarily to
his own state.
II. Reconduction - forcible conveying of aliens back to their home state without any
formalities
III. Doctrine of State Rresponsibility- state may be held liable for injuries and damages
sustained by the alien while in the territory of the state provided:
1) The act or omission constitutes an international delinquency
------ [T]reatment of alien, in order to constitute an international delinquency
should amount to an outrage, to bad faith, to willful neglect of duty, or to an
insufficiency of government action so far short of international standards that
every reasonable and impartial man would readily recognize the
insufficiency.
2) the act or omission is directly or indirectly imputable to the State; and
3) injury to the claimant State indirectly because of damage to its national.
IV. Equality of Treatment Doctrine by residing in a particular state the alien is deemed to
have submitted to both the benefits and the burdens incidental to residence in that state,
that is, he takes conditions as he fins them. Aliens are treated in the same manner as
nationals.
V. Enforcement of Aliens Claims he must first exhaust all available local remedies for the
protection or vindication of his rights
VI. Calvo Clause - provision inserted in contracts where nationals of another state renounce
claims upon his national state for protection
VII. Resort to Diplomatic Protection the alien may seek help from the embassy located in
the foreign state.
VIII. Territorial and Diplomatic Asylum - granting of asylum to an individual, by a country, in
its embassies, legations, consulates. asylum granted by a State outside its territory,
particularly in its diplomatic missions . refuge within the territoryof the sheltering state;
the protection which a refugee obtains by escaping to, or remainingupon, the territory of a
State other that thestate that wants him, until the protection is terminated by his
extradition
IX. Refugee - "A person who owing to a well-founded fear of being persecuted for
reasons of race, religion, nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is unable or, owing to such
fear, is unwilling to avail himself of the protection of that country; or who, not having a
nationality and being outside the country of his former habitual residence as a result of
such events, is unable or, owing to such fear, is unwilling to return to it
CITIZENSHIP, NATIONALITY, AND STATELESSNESS
X. Loss of Nationality or Statelessness- Is the condition or status of an individual who is
born without any nationality or who loses his nationality without retaining or acquiring
another. a person who is not considered as a national by any State under the operation of its
law
- Causes of statelessness: (a) birth (b) choice (c) political events
XI. Effective Nationality- doctrine is used to determine which of two states of which a person is a
national will be recognized as having the right to give diplomatic protection to the holder of dual
nationality. the Nottebohm principle) where the national must prove a meaningful connection
to the state in question. This principle was previously applied only in cases of dual nationality to
determine which nationality should be used in a given case---- expressed in Art.5 of the Hague
Convention of 1930 on the Conflict of Nationality Laws that states that within a third State a
person having more than one nationality shall be treated as if he had only one either the
nationality of the country in which he is habitually and principally resident or the nationality of
the country with which in the circumstances he appears to be in fact most closely connected.
XII. Personal Jurisdiction- Art. 15 NCC
XIII. Territorial Jurisdiction- vests jurisdiction in state where offense was committed
XIV. Maritime territory Eglish and French Rule- French rule, according to which crimes
committed aboard a foreign merchant vessels should not be prosecuted in the courts of the
country within whose territorial jurisdiction they were committed, unless their commission
affects the peace and security of the territory; and the English rule, based on the territorial
principle and followed in the United States, according to which, crimes perpetrated under
such circumstances are in general triable in the courts of the country within territory they
were committed.
XV.
