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...enforced by U.S. courts, foreign judgments must be shown to be the result of fair proceedings. One thing that means is giving the defendant a meaningful chance to be heard. With Marcos unlikely to return, says Harvard Law Professor Abram Chayes, the Aquino government must take care to "give him as much opportunity as possible to present his case." For instance, says Chayes, it might consider appointing a neutral tribunal of lawyers or judges to take testimony from Marcos in Hawaii. In Manila's favor is the fact that federal courts usually defer to presidential policy in cases touching upon...

Author: /time Magazine | Title: Law: The International Treasure Hunt | 4/21/1986 | See Source »

...just one part of what international law scholars agree will be an extraordinarily complicated legal battle. Marcos' attorneys have counted 15 lawsuits in the U.S., most of them the result of a full-court press by Manila. In addition to the New York properties, the government of Corazon Aquino has laid claim to two residences in New Jersey and $50 million in Texas real estate. The Central Bank of the Philippines has sued to recover the crates of gold and $1.5 million in freshly minted pesos that Marcos took with him to Hawaii in February. In what is potentially...

Author: /time Magazine | Title: Law: The International Treasure Hunt | 4/21/1986 | See Source »

...same time, Antonio Zumel, apparent chairman of the National Democratic Front, an umbrella group for various guerrilla factions, declared last week that Communist leaders were ready to open talks with the Aquino government "without preconditions," though he expressed skepticism about a cease-fire. "Comrades are asking if there have been any feelers from her," he said. "We want to know what's on her mind...

Author: /time Magazine | Title: The Philippines Purging Marcos' Legacy | 4/7/1986 | See Source »

...Washington, the guerrillas' apparent determination to keep fighting has only compounded continuing U.S. concern about any deal whatsoever between the Philippine government and the Communists. "We are very skeptical about the N.P.A.'s sincerity," said a State Department official. On the whole, the Reagan Administration was relieved that Aquino's interim constitution brought an end to weeks of deliberation, but remained anxious about the problems ahead. "Mrs. Aquino was able to sweep aside the vestiges of Marcos' structure with a pen," observed a State Department official, "but how things get done is not yet clear...

Author: /time Magazine | Title: The Philippines Purging Marcos' Legacy | 4/7/1986 | See Source »

...less complicated, in spite of the decisive action of the Swiss. "Some people talk about $79.4 million here in Switzerland, some talk about $1 billion," said Hans Mast, an executive vice president of Credit Suisse. "But how do you identify deposits as Marcos' assets?" Even if the Aquino government does pinpoint the holdings, it is unlikely to recover them until it has proved conclusively that they were illegally obtained, according to both Swiss and Philippine...

Author: /time Magazine | Title: The Philippines Purging Marcos' Legacy | 4/7/1986 | See Source »

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