Criminal Jurisdiction under the United States-Philippine by Joseph W. Dodd

By Joseph W. Dodd

The peace time stationing for collective protection reasons of enormous numbers of army body of workers of 1 kingdom within the territory of an­ different kingdom constitutes probably the most major advancements of postwar diplomacy. the USA, for instance, has stationed approximately one 1/2 its energetic army forces in over seventy 1 nations because the Korean struggle broke out. Stambuk famous that al­ although the theories rationalizing this example have replaced, "the in a foreign country bases and forces stay. "2 As a right away results of this stationing of enormous numbers of troops in international international locations various bilateral and multilateral prestige of forces agreements were placed into strength. One point of those agreements which has attracted huge realization is the provisions facing definitely the right to workout legal juris­ three diction. As will be anticipated, a bunch of jurisdictional difficulties has arisen relating no matter if jurisdictional rights lie with the states sending or the states receiving army body of workers, the accompanying civilian part, and their dependents. As Snee and Pye have mentioned: "For the 1st time within the sleek period, the occasionally significantly diverse structures of legislations of 2 sovereign countries are working in the similar territory and in recognize to an analogous contributors. "4 hence a scenario has arisen during which the relationships among the army professionals of the 1 George Stambuk, American army Forces out of the country (Columbus, Ohio: Ohio kingdom Vni­ versity Press, 1963), pp. 3-4.

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Additional resources for Criminal Jurisdiction under the United States-Philippine Military Bases Agreement: A Study in Conjurisdictional Law

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G. 143, 153 (1953). S. Congress) ... " This resolution authorized the President of the Philippines to negotiate with the President of the United States for the establishment of Uni ted States bases in the Philippines. 26 Independence and the Beginning of Negotiations On July 4,1946, Philippine independenee was proclaimed by President Truman. On the same day the Treaty of General Relations between the United States and the Philippines was signed. 27 Article I of the treaty stated: The United States of America agrees to withdraw and surrender, and does hereby withdraw and surrender, all rights of possession, supervision, jurisdiction, control or sovereignty existing and exercised by the United States of America in and over the territory and the people of the Philippine Islands, except the use of such bases, necessary appurtenances to such bases, and the rights incident thereto, as the United States of America, by agreement with the Republic ofthe Philippines, may deern necessary to retain for the mutual protection of the United States of America and the Republic of the Philippines.

It further states: No national of the United States, or corporation organized under the laws of the United States, resident in the United States, shall be liable to pay income tax in the Philippines in respect of any profits derived under a contract made in the United States with the Government ofthe United States in connection with the construction, maintenance, operation and defense of the bases, or any tax in the nature of a license in respect of any service or work for the Uni ted States in connection with the construction, maintenance, operation and defense of the bases.

56 See New York Times, December 3, 1946, p. 18. , February 2, 1947, p. 24. 58 43 Off. Ga::. 195, at 217-218. 59 New York Times, February 2, 1947, p. 24. 60 Senator Tomas Cabili to the Senate. 2 [Philippine] Congressional Record 225 (1947), as cited in Meyer, p. 79. , p. 78. 32 ARRANGEMENTS FOR POSTWAR BASES Summary United States policy with respect to the proposed independent Republic of the Philippines was first set forth in the Hare-HawesCutting Act of 1933. This act was rejected by the Philippine Legislature, primarily because it provided for the retention ofUnited States naval and military bases in the Philippines after independence.

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