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5 Int'l L. Update 1 (1999)

handle is hein.journals/intlwup5 and id is 1 raw text is: A monthly report on public and private international legal developments International Law uydate Editors: Professor John R. Schmertz, Jr., Georgetown University Law Center, and Mike Meier, Esq. January 1999 January Highlights In civil action by finder against Ferdinand Marcos for converting gold plundered and buried by General Yamashita in Philippines during World War II, Supreme Court of Hawaii rules on applicability of act of state defense where defendant had argued that Marcos had seized treasure for public purposes (Page 1) ow Where female passenger brings injury case against foreign airline arising out of intimate security search, U.S. Supreme Court decides whether Warsaw Convention provides exclusive remedies for accidental injuries arising in course of international air travel (Page 3) e Florida federal court rules, as matter of first impression, on whether International Covenant on Civil and Political Rights bars United States from prosecuting persons already convicted for same crime in another country (Page 6) In suit against Libya arising out of Pan Am 103 bombing, Second Circuit determines constitutionality of new FSIA anti-terrorist provision that applies only to nations that sponsor terrorism in view of Executive Branch (Page 8) ow U.S. Department of Commerce reports on WTO Panel ruling in U.S.-Korea dispute over U.S. antidumping measures imposed on Korean semiconductors (Page lO) ACT OF STATE DOCTRINE In civil action by finder against Ferdi- nand Marcos for converting gold plundered and buried by General Ya- mashita in Philippines during World War II, Hawai'ian Supreme Court rejects act of state defense since defendant failed to prove that Marcos had seized treasure for other than private purposes While he was working as a locksmith in Ba- guio City, the Philippines in 1961, Roger Do- mingo Roxas ran into two individuals who claimed to know where Japanese General Tomo- yuki Yamashita had buried large amounts of gold and other valuables looted from conquered nations during World War II. During 1970, after 7 months of digging near a General Hospital, the Roxas team broke through into tunnels where they found a one-ton golden buddha statute and a thousand cubic feet of boxes containing gold bars. To finance a more complete exploration, Roxas sold some of the gold bars and tried to sell the buddha. In April 1971, men in military uniforms raided Roxas' house, seizing the buddha, the diamonds, and the gold bars. Roxas complained to Judge Pio Marcos who said he had signed the warrant on the orders of Ferdinand Marcos. Two weeks later, three civilians again arrest- ed Roxas. Later, soldiers unsuccessfully demand- ed that Roxas sign a cooperation agreement. The soldiers then tortured him with electric shocks, burned him with cigarettes and beat him uncon- scious. Roxas escaped, however, and told his Vol. 5

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