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The Future of the Alien Tort Claims Act of 1789: Lessons from in Re Marcos Human Rights Litigation
St. John's Law Review Volume 67 Number 3 Volume 67, Summer 1993, Number 3 Article 3 April 2012 The Future of the Alien Tort Claims Act of 1789: Lessons from In re Marcos Human Rights Litigation Joan Fitzpatrick Follow this and additional works at: https://scholarship.law.stjohns.edu/lawreview Recommended Citation Fitzpatrick, Joan (1993) "The Future of the Alien Tort Claims Act of 1789: Lessons from In re Marcos Human Rights Litigation," St. John's Law Review: Vol. 67 : No. 3 , Article 3. Available at: https://scholarship.law.stjohns.edu/lawreview/vol67/iss3/3 This Symposium is brought to you for free and open access by the Journals at St. John's Law Scholarship Repository. It has been accepted for inclusion in St. John's Law Review by an authorized editor of St. John's Law Scholarship Repository. For more information, please contact [email protected]. THE FUTURE OF THE ALIEN TORT CLAIMS ACT OF 1789: LESSONS FROM IN RE MARCOS HUMAN RIGHTS LITIGATION JOAN FTZPATRCK* INTRODUCTION On September 24, 1992, a federal civil jury in Honolulu ren- dered a verdict for the plaintiffs in the multidistrict human rights litigation against the estate of Ferdinand Marcos and several of his former associates and family members.' In re Marcos Human Rights Litigation ("Marcos") is a milestone for the Alien Tort Claims Act ("ATCA7)2 for several reasons. First, Marcos was the first human rights case brought under the ATCA to be fully con- tested in a trial on the merits, illustrating the numerous obstacles that plaintiffs must overcome in proving human rights allega- tions. -
June 28, 2020
“Radiating positivity, creating connectivity” June 22 - 28, 2020 P15.00 CEBU Volume 2 Series 40 12 PAGES BUSINESS Room 310-A, 3rd floor WDC Bldg. Osmeña Blvd., Cebu City WEEK You may visit Cebu Business Week Facebook page. CEBU TRADERS BACKING MAYOR 8 business groups express support for mayor’s plea favoring GCQ EIGHT business groups in “We have arrived at the Cebu have expressed support new normal, and instead of to the Cebu City government’s being passed around back and calls to a downgrade of its forth like a ball on what quar- quarantine status. antine status to be in, it is time Various business organi- that we adapt and learn to live zations in Cebu issued a joint our lives throughout this pan- statement on June 19, stressing demic, instead of just wait- that the call to balance life and ing for the virus to dissipate. livelihood could no longer be Hence, the need to balance life put on hold. and livelihood,” they added. “We express our strong The business groups de- support to the appeal of Cebu cried the use of inaccurate data City Mayor Edgardo Labella and leaving out economic im- on the reclassification of Cebu pact in making policies and de- City from enhanced commu- cisions. nity quarantine (ECQ) to gen- “The move to revert Cebu eral community quarantine City back to ECQ based on (GCQ),” the statement read. SENATOR SHERWIN GATCHALIAN flawed data analysis and -with “While we very much un- out factoring in the economic derstand and agree that public aspect is unacceptable,” the health comes first during this Cebu business groups said. -
UNIVERSITY of CALIFORNIA RIVERSIDE Naming
UNIVERSITY OF CALIFORNIA RIVERSIDE Naming the Artist, Composing the Philippines: Listening for the Nation in the National Artist Award A Dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Music by Neal D. Matherne June 2014 Dissertation Committee: Dr. Deborah Wong, Chairperson Dr. René T.A. Lysloff Dr. Sally Ann Ness Dr. Jonathan Ritter Dr. Christina Schwenkel Copyright by Neal D. Matherne 2014 The Dissertation of Neal D. Matherne is approved: Committee Chairperson University of California, Riverside Acknowledgements This work is the result of four years spent in two countries (the U.S. and the Philippines). A small army of people believed in this project and I am eternally grateful. Thank you to my committee members: Rene Lysloff, Sally Ness, Jonathan Ritter, Christina Schwenkel. It is an honor to receive your expert commentary on my research. And to my mentor and chair, Deborah Wong: although we may see this dissertation as the end of a long journey together, I will forever benefit from your words and your example. You taught me that a scholar is not simply an expert, but a responsible citizen of the university, the community, the nation, and the world. I am truly grateful for your time, patience, and efforts during the application, research, and writing phases of this work. This dissertation would not have been possible without a year-long research grant (2011-2012) from the IIE Graduate Fellowship for International Study with funding from the Andrew W. Mellon Foundation. I was one of eighty fortunate scholars who received this fellowship after the Fulbright-Hays Doctoral Dissertation Research Abroad Program was cancelled by the U.S. -
Philippine Presidential Campaign Heats Up
Philippine presidential campaign heats up MANILA Philippines (UPI) -- Imelda Marcos' criticism was About 20,000 people turned out Mon- Aquino's widow stirs 20,000 prompted by the announcement of day for a campaign rally where Be-nig- no the opposition candidacy of former Aquino's widow spoke before a toe is also a candidate Corazon Aquino, the opposition Miss International Aurora 'Au-A- u" photo of slam opposition leader's widow, told the crowd she Pijuan Manotoc, 34 huge the The elections are the first for the showing blood flowing from promised over the body of her hus- Pijuan Manotoc is the former wife leader 200-se- at National Assembly " since band "I would continue his fight ' to of golfing champion Tommy Mano- his headspeHing "Marcos President Ferdinand Marcos lifted With for May 14 restore democracy to the Phil- toc, now married to Imelda Marcos' the campaign years of law 1981 lady Imel- nine martial in daughter, and soil lists Manotoc as elections heating up, first They are regarded as a critical test ippines of She spoke in front of a backdrop her husband because divorce not da Marcos accused the opposition of his government, buffeted by pro- is ' of the picturing her husband sprawled on recognized in the mainly Roman feasting on the carcass tests the of oppo- beauty queen since assassination the runway at Manila Airport, where Catholic Philippines dead" by running a sition leader Bemgno Aquino once married to her son-in-la- w as a he was shot Aug 21 after returning Imee Marcos secretly married candidate In the first major opposition -
Organization, Reasoning, and Persuasive Communication Strategies in Privilege Speeches of Filipino Senators
Organization, reasoning, and persuasive communication strategies in privilege speeches of Filipino senators Christie Elise C. Cruz Faculty of Arts and Letters, University of Santo Tomas, Philippines [email protected] Alejandro S. Bernardo Faculty of Arts and Letters, University of Santo Tomas, Philippines ernardoandreahoocom Abstract Persuasive privilege speeches are heavily relied upon by Filipino senators in dealing with their constituents and fellow politicians. Through a privilege speech, Filipino senators promote their advocacies defend their ork and reputation and generall attempt to inuence their listeners. However, despite the central and highly public role that privilege speeches play in the Philippine sociopolitical arena, no study has, thus, far attempted to scrutinize the structure, reasoning, and persuasive strategies present until this paper. This study, therefore, used the theories by Wood and Goodnight (1996); Froemling, Grice, and Skinner (2011); and German, Gronbeck, Ehninger, and Monroe (2010) to examine 58 privilege speech transcripts featuring ilipino senators otained from the offcial esite of the Senate of the hilippines Through this paper, it was revealed that Filipino senators present their points and claims in such a way that the audience would feel the relatable and personal nature of the issues tackled. It was also shown that the Filipino senators favor structuring their speeches by presenting the issue or necessity, proposing a solution, and then appealing for action. The study was also able to highlight how Filipino senators applied a combination of logical and emotional appeals to establish, maintain, and raise credibility. Keywords: Persuasion, reasoning, structure, public speaking, persuasive communication 1. Introduction Persuasion is a facet of language that is deeply embedded into its nature. -
Issue No. 25, June 23, 2020
Volume 6 Issue No. 25 map.org.ph June 23, 2020 “MAPping the Future” Column in the INQUIRER MODERN CAPITALISM: Where Lies Its Genius? June 22, 2020 Mr. ANTONIO “Tony” T. HERNANDEZ The Capitalist ideology is founded on private or corporate ownership of capital goods and where products, prices, and the distribution of goods are determined mainly by competition in a free market. In effect, society’s means of production are not held by government but by private persons (distinct from cooperatively-owned or state-owned capital goods) who have the prerogative over their productive use. And this prerogative provides the incentive to maximize profit and fire-off material progress which is said to be the upside of Capitalism. However, it is the same prerogative that provides the downside: the temptation to exploit and yield to man’s baser desires for inordinate wealth accumulation. Hence, the thinking that wealth accumulation and worship of the bottom line is the central principle of Capitalism; and the enforcement of private property rights is sine-qua-non for success. That explains Capitalism’s predilection for liberal political order where property ownership is protected and exchanges are free from governmental interventionism. Idealism, pride, fame Capitalism is said to have been coined in the mid-19th century when the first Industrial Revolution was in full swing. Individual innovators were creating new inventions to better people’s welfare. While motivated partly by profit, “more significant was the romance of patriotism, technology and the desire for fame. 1 In a famous example, writes Prof. Gregory Clark of the Univ. -
Shipyard Owners Occupying Land for Free, Says Consolacion Mayor
“Radiating positivity, creating connectivity” CEBU BUSINESS Room 310-A, 3rd floor WDC Bldg. Osmeña Blvd., Cebu City You may visit Cebu Business Week WEEK Facebook page. July 12 - 18, 2021 Volume 3, Series 95 www.cebubusinessweek.com 12 PAGES P15.00 RECLAMATION TO PUSH THROUGH Shipyard owners occupying land for free, says Consolacion mayor CONSOLACION, Cebu five people and who occupied By: ELIAS O. BAQUERO ments to the public because They only think of them- Mayor Joaness “Joyjoy” the area for about 50 years or they know they have no rea- selves. They’ve used the area Alegado said that those more. The shipyard is a small (DENR),” Alegado said. son to stay in that area as for 50 years. Now, the people who want to stop the town’s operation to repair vessels. “The people of Consola- their tenurial agreement should be the ones to develop 285-hectare reclamation There is no other economic cion in particular and all the with DENR has expired and and expand it,” Alegado said. project are those who occu- growth or development, em- Cebuanos in general must the people should use and He said he wished that pied the lands free of rental ploying only a few persons know that these few shipyard benefit from it now,” Alegado his dream will come true like for 50 years with little contri- who are not even from Con- owners have no more right added. this reclamation project so bution to the nation. solacion. to operate in Tayud because He said he is fighting more people can benefit from Alegado said that the “This is now high time their tenurial agreement with against the rich and influen- the town’s growth. -
Papal Visit Philippines 2014 and 2015 2014
This event is dedicated to the Filipino People on the occasion of the five- day pastoral and state visit of Pope Francis here in the Philippines on October 23 to 27, 2014 part of 22- day Asian and Oceanian tour from October 22 to November 13, 2014. Papal Visit Philippines 2014 and 2015 ―Mercy and Compassion‖ a Papal Visit Philippines 2014 and 2015 2014 Contents About the project ............................................................................................... 2 About the Theme of the Apostolic Visit: ‗Mercy and Compassion‘.................................. 4 History of Jesus is Lord Church Worldwide.............................................................................. 6 Executive Branch of the Philippines ....................................................................... 15 Presidents of the Republic of the Philippines ....................................................................... 15 Vice Presidents of the Republic of the Philippines .............................................................. 16 Speaker of the House of Representatives of the Philippines ............................................ 16 Presidents of the Senate of the Philippines .......................................................................... 17 Chief Justice of the Supreme Court of the Philippines ...................................................... 17 Leaders of the Roman Catholic Church ................................................................ 18 Pope (Roman Catholic Bishop of Rome and Worldwide Leader of Roman -
Talamban in the Northeast, with Service Into the Cebu South Road Properties
DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS Public Disclosure Authorized Social Impact Assessment of Cebu Bus Rapid Transit Project Public Disclosure Authorized RESETTLEMENT PLAN Final Report Public Disclosure Authorized Public Disclosure Authorized TABLE OF CONTENTS ACRONYMS AND ABBREVIATIONS ................................................................................ iii GLOSSARY OF TERMS .................................................................................................... vi EXECUTIVE SLJMMARY ................................................................................................... vii 1.0 PROJECT DESCRIPTION ..................................................................................... 1 2.0 OBJECTIVES OF THE RP ..................................................................................... 1 3.0 RESETTLEMENT PRINCIPLES ............................................................................ 2 4.0 SCOPE AND LIMITATIONS ................................................................................... 3 5.0 METHODOLOGY .................................................................................................... 4 6.0 SCOPE OF LAND ACQUISITION AND RESETTLEMENT ................................... 4 7.0 MEASURES TO MINIMIZE LAND ACQUSITION AND DISPLACEMENT ........... 5 8.0 OTHER PROJECTS ON THE CORRIDOR ......................................................... 10 9.0 PHILIPPINE LEGAL FRAMEWORK AND WORLD BANK POLICY ................... 10 10.0 ELIGIBILITY AND ENTITLEMENT MATRIX -
Duterte Says Face Shields for Hospital Use Only — Sotto 6/18/21, 6:55 PM
Duterte says face shields for hospital use only — Sotto 6/18/21, 6:55 PM Duterte says face shields for hospital use only — Sotto Christia Marie Ramos President Rodrigo Roa Duterte (Screenshot from RTVM) MANILA, Philippines — President Rodrigo Duterte has agreed that face shields should only be worn inside hospitals. This was according to Senate President Vicente Sotto III, who was in a meeting with the President in Malacañang Wednesday night. “Last night, the President agreed that face shields should only be used in hospitals. Allowed us to remove ours! [Attention] DOH (Department of Health)!,” Sotto said in a tweet Thursday morning. Last night, the President agreed that face shields should only be used in hospitals. Allowed us to remove ours! Attn DOH! — Tito Sotto (@sotto_tito) June 16, 2021 Asked if the President said he would direct the government’s pandemic task force to adjust the protocols on face shields, Sotto told INQUIRER.net: “Something like that.” “I remember him (Duterte) saying he will tell DOH,” he added. In a separate interview, Sotto recalled what happened during the meeting. “‘We’re the only country using this in the world,’ sabi naming ganon, sabi niya (Duterte) ‘Yeah, I’ll tell DOH, tigilan na ‘yan’,” the Senate leader said. ‘We’re the only country using this in the world,’ we told him, he said ‘Yeah, I’ll tell DOH, to stop this.) “Parang ganon e. Hindi ko matandaan yung exact words niya pero [sinabihan niya kami] na ‘alisin na ‘yan.’ Parang gano’n e. Kaya inalis naming lahat,” he added. (It’s like that but I can’t remember his exact words but he told us to take it off, so we did.) Senate Majority Leader Juan Miguel Zubiri, who was also in Malacañang Wednesday night, confirmed that the President did ask them to take their face shields off. -
1-Piracy-Tolentino 3-25-2010.Pmd
R. B. TOLENTINO PIRACY REGULATION AND THE FILIPINO’S HISTORICAL RESPONSE TO GLOBALIZATION Rolando B. Tolentino Abstract The essay examines the racial discourse of Moros and Moro-profiling by the state in piracy—sea piracy in olden times and media piracy in contemporary times. Moro piracy becomes a local cosmopolitanism in the Philippines’ attempt to integrate in various eras of global capitalism. From the analysis of media piracy, the Moro “dibidi” (pirated DVD) seller becomes the body that mediates between the Filipinos’ middle-class fantasy of a branded lifestyle and the reality that most Filipinos do not have full access to global consumerism. Using a cultural studies framework, the essay draws a connection between seemingly unlinked events and sources, allowing for a historical and social dialog, past and present, to mix, creating junctures for sites of dialog and critique. Keywords: race formation, Moro, media piracy, conjectural history, middle class Under the United Nations Convention on the Law of the Sea, piracy includes, among others, “any illegal acts of violence or detention, or any acts of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed on the high seas, against another ship or aircraft, or against persons or properties on board such ship or aircraft; against a ship, aircraft, persons or property in a place outside the jurisdiction of any State...” (in Eklof 2006, 88). According to the Asia Times Online (Raman 2005) pirate attacks have tripled between 1993 and 2003, with half the incidence happening in Indonesian waters in 2004 (especially in the Strait of Malacca). -
Chapter 4 Safety in the Philippines
Table of Contents Chapter 1 Philippine Regions ...................................................................................................................................... Chapter 2 Philippine Visa............................................................................................................................................. Chapter 3 Philippine Culture........................................................................................................................................ Chapter 4 Safety in the Philippines.............................................................................................................................. Chapter 5 Health & Wellness in the Philippines........................................................................................................... Chapter 6 Philippines Transportation........................................................................................................................... Chapter 7 Philippines Dating – Marriage..................................................................................................................... Chapter 8 Making a Living (Working & Investing) .................................................................................................... Chapter 9 Philippine Real Estate.................................................................................................................................. Chapter 10 Retiring in the Philippines...........................................................................................................................