Maritime Rights And Occupation

Summary

The Archipelago Doctrine defines maritime boundaries and sovereignty. The EEZ extends 200 nautical miles for resource rights, while the continental shelf may extend further for seabed exploration. Belligerent occupation suspends political laws but maintains non-political ones unless conflicting. Judicial decisions during occupation may remain valid post-occupation. Jus postliminium restores rights upon recapture. Suits based on jure imperii require state consent due to sovereign immunity. Autonomous regions have limited external self-determination to maintain national unity. Money claims against the state need Commission on Audit approval. Legislative scrutiny monitors the executive, while investigations involve specific inquiries. A legislative veto allows nullifying executive actions without new laws.

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*. Explain the importance of the Archipelago Doctrine in the context of our maritime rights. *. Distinguish between the exclusive economic zone and the continental shelf. *. What effects, if any, would a belligerent occupation have on the political and non-political laws of an occupied state? *. Would judicial decisions promulgated during a belligerent occupation cease to be valid or effective upon its termination? *. What do you understand by jus postliminium? *. Should all suits based on acts jure imperii of the State be allowed to proceed only upon its prior consent? *. Explain why autonomous regions may not be allowed to exercise the right to external self-determination. *. Are all money claims against the State subject to the approval authority of the Commission on Audit? *. Distinguish between legislative scrutiny and legislative investigation. *. What is a legislative veto?
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*. Importance of the Archipelago Doctrine:
- Defines the Philippines as a single unit, connecting islands with baselines.
- Establishes maritime boundaries and territorial waters.
- Essential for national security, resource management, and sovereignty.
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*. Exclusive Economic Zone vs. Continental Shelf:
- Exclusive Economic Zone (EEZ):
- Extends up to * nautical miles from the baseline.
- Sovereign rights for exploring, exploiting, conserving, and managing natural resources.
- Continental Shelf:
- Extends up to * nautical miles or beyond if the natural prolongation of the land territory extends further.
- Rights to explore and exploit the seabed and subsoil.
*. Effects of Belligerent Occupation:
- Political laws:
- Generally suspended as the occupant imposes its own administrative structure.
- Non-political laws:
- Typically remain in force to maintain order and public life unless they conflict with the occupier's laws.
*. Validity of Judicial Decisions Post-Occupation:
- Judicial decisions made during occupation may remain valid unless annulled or replaced by the legitimate government post-occupation.
*. Jus Postliminium:
- A principle in international law allowing for the restoration of legal status and rights to persons and property upon recapture from an enemy.
*. Suits Based on Jure Imperii:
- Generally, such suits require the consent of the state due to the principle of sovereign immunity.
*. Autonomous Regions and External Self-Determination:
- Autonomous regions typically exercise internal self-determination.
- External self-determination (secession) is limited to ensure national unity and territorial integrity.
*. Money Claims Against the State:
- Yes, typically subject to the approval and review of the Commission on Audit to ensure legality and propriety.
*. Legislative Scrutiny vs. Legislative Investigation:
- Legislative Scrutiny:
- Ongoing monitoring of the executive by the legislature.
- Legislative Investigation:
- Specific inquiries into issues, often involving hearings and reports.
*. Legislative Veto:
- A provision allowing the legislature to nullify actions of the executive branch without passing a new law.
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Should all suits based on acts jure imperii of the State be allowed to proceed only upon its prior consent?
Case Rating: *
Suits based on acts jure imperii of the State should generally proceed only with the State's prior consent due to the principle of sovereign immunity. This principle protects states from being sued without their agreement, ensuring their sovereign actions are not undermined by foreign courts.
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