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Arigo and Others v. Swift and Others

The Philippines.  16 September 2014 .

Published online by Cambridge University Press:  15 November 2021

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Abstract

State immunity — United Nations Convention on the Law of the Sea, 1982 — Articles 30, 31 and 32 — Rules applicable to warships — Non-compliance by warships with laws and regulations of coastal State — United States vessel entering restricted area of Philippine waters — Responsibility of flag State for damage caused by warship — Immunities of warships — Philippines–United States of America Visiting Forces Agreement, 1998 — Whether any waiver of immunity — Role of executive

Sea — Treaties — United Nations Convention on the Law of the Sea — Convention not ratified by United States — Customary international law — Coastal State rights — Marine environment — Whether relevant provisions of treaty codifying customary international law — Whether United States responsible for environmental damage — Whether United States immune from suit

Jurisdiction — United States vessel entering restricted area of Philippine waters — Whether act jure imperii — Environmental damage — Whether United States having immunity — Whether Philippines barred from exercising jurisdiction over United States respondents — Article XVI of Philippines Constitution, 1987

Environment — Marine environment — Right to a healthful ecology — Intergenerational responsibility — Writ of Kalikasan — The law of the Philippines

Type
Case Report
Copyright
© Cambridge University Press 2021

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