Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Philippines

Case of the Day: Castro v. Tri-Marine Fish

Posted on March 7, 2019

The case of the day is Castro v. Tri-Marine Fish Co. (9th Cir. 2019). Michael Castro, a national of the Philippines who lived in American Samoa, was a deck hand aboard the F/V Captain Vincent Gann. He was seriously injured during the voyage. Tri-Marine transported him to the Philippines and paid his medical expenses and maintenance. There was a dispute about whether Castro had signed an employment agreement containing an agreement to arbitrate before the voyage. In any case, while he was recovering from the injury, he found he needed money to pay for a relative’s medical care. So he negotiated a settlement of his own claims with Tri-Marine in return for a cash payment. He signed the settlement papers. There was a dispute…

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Case of the Day: Philippines v. China

Posted on July 13, 2016

An arbitral tribunal constituted under Annex VII to the UN Convention on the Law of the Sea issued its long-awaited Award in the case the Philippines brought against China arising out of China’s claims in the South China Sea. I’m not a specialist in this area and so I’m not going to offer any detailed comment—you probably want to look to Julian Ku or others for that. Most experts predicted this was an easy win for the Philippines, and that’s how it turned out. The key point, it seems to me, was the tribunal’s decision that China’s maritime entitlements are defined by the Convention, and that even if China had some kind of “historic rights” (the nature and justification of which have never been…

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Case of the Day: McEachern v. Inter-Country Adoption Board of the Philippines

Posted on December 3, 2014

The case of the day is McEachern v. Inter-Country Adoption Board of the Philippines (D. Mass. 2014). In 2012, Geraldine McEachern traveled to the Philippines to adopt two half-sisters, one ten years old and the other sixteen. The older girl was reluctant to travel to the US to be adopted, but the younger was eager. Nevertheless, McEachern brought both back to the US with her. Six months later, the older girl began having behavioral problems and, according to McEachern, was abusive toward her half-sister. McEachern informed Pearl S. Buck International, the agency that facilitated the placement, that she was uncomfortable going forward with the adoption of the older girl. So the older girl was placed in foster care. According to McEachern, the younger girl…

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