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All ▸ Bar 2024 ▸ POLITICAL AND PUBLIC INTERNATIONAL LAW ▸ XII. PUBLIC INTERNATIONAL LAW ▸ G. Jurisdiction of States ▸ 2. Nationality Principle

Question

Jurisdiction of States: Nationality Principle

Mr. Santos, a naturalized Filipino citizen, is residing overseas. He committed a crime outside the Philippines and seeks refuge in another foreign country. The foreign country, which applies the Nationality Principle, claims jurisdiction over Mr. Santos and wants to prosecute him for the said crime.

Discuss the application of the Nationality Principle in this scenario, specifically addressing the following:

  1. What is the concept of the Nationality Principle?
  2. Does the foreign country have the jurisdiction to prosecute Mr. Santos based on the Nationality Principle?
  3. What are the principles or factors that the foreign country should consider in asserting jurisdiction over Mr. Santos?


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Bar Review Question: Jurisdiction of States: Nationality Principle Mr. Santos, a naturalized Filipino citizen, is resid