Criminal Jurisdiction Under the United States-Philippine Military Bases Agreement: A Study in Conjurisdictional Law

ISBN-13: 9789401500432 / Angielski / Miękka / 1968 / 143 str.

Joseph W. Dodd

Opis

The peace time stationing for collective security purposes of large numbers of military personnel of one country in the territory of an other country constitutes one of the most significant developments of postwar international relations. The United States, for example, has stationed nearly one half of its active military forces in over seventy 1 countries since the Korean War broke out. Stambuk noted that al though the theories rationalizing this situation have changed, "the overseas bases and forces remain. "2 As a direct result of this stationing of large numbers of troops in foreign countries numerous bilateral and multilateral status of forces agreements have been put into force. One aspect of these agreements which has attracted considerable attention is the provisions dealing with the right to exercise criminal juris 3 diction. As might be expected, a host of jurisdictional problems has arisen concerning whether jurisdictional rights lie with the states sending or the states receiving military personnel, the accompanying civilian component, and their dependents. As Snee and Pye have pointed out: "For the first time in the modern era, the sometimes radically different systems of law of two sovereign nations are operating within the same territory and in respect to the same individuals. "4 Thus a situation has arisen in which the relationships between the military authorities of the 1 George Stambuk, American Military Forces Abroad (Columbus, Ohio: Ohio State Vni versity Press, 1963), pp. 3-4."

Spis treści

I. Civil-Military Jurisdiction with Respect to United States Military Forces in the Philippines, 1898–1947.- War and Insurrection, 1898–1902.- The Territorial Period, 1902–1935.- The Commonwealth Period, 1935–1942.- The Japanese Occupation, 1942–1945.- United States Reoccupation and the Postwar Period.- Summary.- II. Arrangements for Postwar Bases in the Philippines.- Pre-Independence Developments—Background to Negotiations.- Independence and the Beginning of Negotiations.- Negotiation of the Bases Agreement of 1947.- Summary.- III. Criminal Jurisdiction under the Military Bases Agreement of 1947.- Base Arrangements in General.- Criminal Jurisdictional Arrangements.- Major Differences between the NATO SOFA and the Philippine Agreement.- The Constitutional Test.- Continuity in Jurisdictional Arrangements.- IV. Criminal Jurisdictional Problems under the 1947 Bases Agreement.- Philippine Prosecution of United States Personnel for Off-Base Offenses.- Enforcement of Philippine Laws on the Bases.- Offenses by United States Personnel against Filipinos on the Bases.- Exercise of Jurisdiction over Filipinos by the United States 67 Killing and Injury of Filipinos by Security Guards on the Bases.- Summary.- V. Revision of the 1947 Agreement.- The Security-Sovereignty Dilemma.- Presidential Overtures—First Attempts at Negotiation, 1953–1954.- Pelaez-Bendetsen Talks, 1956.- Serrano-Bohlen Talks, 1958–1959.- Mendez-Blair Talks, 1965.- VI. Criminal Jurisdictional Arrangements under the 1965 Agreement.- General Principles of Jurisdiction.- Exclusive Jurisdiction.- Concurrent Jurisdiction.- Waiver of Jurisdiction.- Base Security.- Arrest and Confinement.- Search and Seizure.- Procedural Guarantees.- Potential Problems.- Conclusion.- VII. Toward a Conjurisdictional Law.- List of Cases Cited.