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Ct. of Arbitration. N. Rep. lnt'l Arb. Awards 829 (1928). NATURE OF CASE: Arbitration of territorial dis- Quicknotes pute. INCHOATE FACT SUMMARY: The United States (P) claimed that the Island of Palmas was part of the Philippines but the Netherlands (D) claimed tide as well. SOVEREIGNTY The absolute power conferred to the state to govern and regulate all persons located and activities conducted therein. A A\111 RULEOFLAW An inchoate tide cannot prevail over a definite tide founded on continuous and peaceful display of sovereignty.
This case is distinguished since the parties had the normal method of formal agreement available. ·==· Quicknotes LEGAL OBLIGATION A duty to act that is imposed by law. UNILATERAL ACT One-sided; involving only one person. 129 Quick Reference Rules of Law PAGE 1. " A people's right to self-determination cannot be said to ground a right to unilateral secession. (Reference Re Secession of Quebec) 32 2. Capacity of Unrecognized Governments to Bind the State. A government that establishes itself and maintains a peaceful de facto administration need not conform to a previous constitution and nonrecognition of the government by other governments does not destroy the de facto status of the government.
Albania)) 24 4. General Assembly Declarations and Resolutions. Torture may be considered to violate the law of nations for purposes of the Alien Tort Statute. (Filartiga v. Pena-lrala) 25 5. General Assembly Declarations and Resolutions. The abduction of a foreign national does not amount to an "arbitrary arrest" within the meaning of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. (Sosa v. Alvarez-Machain) 26 6. Unilateral Acts. A reply given by the Minister of Foreign Affairs on behalf of his government is binding upon the country to which the Minister belongs.