Article 14, Universal Declaration of Human


Everyone has the right to seek and enjoy
in other countries asylum from
Immigration and Naturalization Service vs. Cardoza

Two means for an alien who fears persecution
in his home country to avoid deportation
from the U.S.:

1. Alien can apply for a withholding of deportation
under sec. 243 (h) INA
- must demonstrate that "it is more likely than not
that (he or she) would be subject to persecution
in the country to which he or she will be returned.

(automatically entitled to withholding of deportation)

2. Apply for asylum under sec. 206 (a) of INA
- must demonstrate that he is unwilling to return
to his home country because of a well-founded
fear of persecution on account of race,
religion, nationality, membership in a particular
social group, or political opinion

(eligible for a discretionary right of asylum)
As many as one million people were killed in Rwanda's genocide in
1994 and some two million people fled to neighbouring states. The
majority, like these people in Tanzania, eventually returned home.

A "refugee" is a person who, owing to well-
founded fear of being persecuted for
reasons of race, religion, nationality,
membership of a particular social group or
political opinion, is outside of country of his
nationality and is unable to or owing to such
fear, is unwilling to avail himself of that
protection of the country. (Article 1,
Convention on Refugees)

A person who is fleeing a war, or war-
related conditions such as famine and
homelessness is also considered a
A refugee is required to conform to the laws and
regulations of the country in which he finds
himself for the maintenance of peace and order.
On the other hand, the state must accord to him
at least the same treatment as is accorded to its
nationals. He enjoys freedom of religion and
religious education of his children. He has the
same treatment accorded to aliens who are
engaged in business, he too can enter into
contracts. He has the freedom to choose his
residence and move freely within the territory.
(Convention Relating to the Status of Refugees)

In Morong, Bataan

1. A state does not only have the right, but also
the obligation, to grant temporary asylum.
2. An asylee should not be expelled or returned
to a territory, with respect to which he has well
founded fear of persecution
3. An asylee is immune from persecution and
penalty on account of his legal entry or
4. an asylee is entitled to temporary residence
within the state of asylum until his reintegration
resettlement or voluntary repatriation.

1. National treatment or treatment accorded to
nationals of the Contracting state concerned;

2. Most-favored-nation treatment, or the most
favorable treatment accorded to nationals of a
foreign country;

3. Treatment as favorable as possible, and in any
event, not less favorable than that accorded to
aliens generally in the same circumstances.

 Asylum in a foreign merchant vessel –

 Asylum in a foreign public vessel –

Letters rogatory is a formal communication
from a court in which an action is
pending, to a foreign court, requesting
that the testimony of a witness residing in
such foreign jurisdiction be taken under
the direction of the court, addressed and
transmitted to the Court making the
Rule 23, Section 12 of the 1997 Rules of
Civil Procedure provides:
Commission or Letters Rogatory. A Commission
or letters rogatory shall be issued only when
necessary or convenient , on application or
notice, and on such terms and which such
directions as are just and appropriate.
Officers may be designated in notices or
commission either by name or descriptive title
and letters rogatory may be addressed "To
the Appropriate Judicial Authority" in the
foreign country.

Crimes Against International Law which can be tried
or prosecuted by any State.
> Piracy
> Slave Trade
> Air Hijacking
> Genocide
> Illicit Traffic of narcotic drugs and psychotrophic
substances engaged in by ships in the high seas
(Convention on the Law of the Sea)
> War crimes
> Crimes against peace
> Crimes against humanity

* Acts of Terrorists are not considered
as political offenses and, therefore,
terrorists may be extradited.

Adoption of the United Nations in 1956 of the Convention
on the Recovery Abroad of Maintenance Obligations
Convention of the Law of the Sea

- To protect and preserve the marine
Through the cooperation of the Swiss
Court, the amount was recovered though
they were in secret accounts. Criminal
case conviction against the Marcoses
was not required.

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