international law

No form i interntional law

Quatar vs bahrain= sending of n0tes can be binding
Norway vs Denmanrk= Mere declarations can be binding ex: D30's declarations
Austrialia vs France New Z vs France= Nuclear test cases:

Treaty vs Exec Agreement

USAFFE VITRANCE CASE:

International law= no distinction
Domestic= distinction based on constitution

4TH REQUIREMENT OF R VALIDITY OF TREATIES= LICIT(LEGAL)

1.DOCTRINE OF JUS COGENS. Customary international law has the status of premptory norm on
international law, accepted, regocnized by the international community
2. Emerging jus cogens Article 64 of the VCLT, the

(PROV. OF COTABATO CASE)

iNTERNAL SELF-DETERMINATION
EXTERNAL DETERMINATION- SEPARATE FROM MOTHER STATE

3. Erga omnes obligation- are owded by the state to the entire international community.State may not
enter into any treaty that would result in its violation of an
ergaomnes obligation

A. Subject matterof treaties - Commisioner of Customs vs Estern Sea Trading

1. Political issues
2.changes in national policy
3.involve international arrangements of permanent character

B. Subject matter of the Executive agreementes

1. Have transitory effectivity
adjustment of details carrying out well established national policies and tradition
arrangements of temporary nature
impleentation of treaties statutes well established policies

In case of doubt as to whether the international agreement is merely an executive agreement, uder
1988 memo cir no 89 the matter is reffered to the sec of foreign affairs who
will then seek the comments of the senate rep and legal adviser of the dep and after the consultation
with the senate leadership, the Sec of Foreign affairsshall then
on the basis of his findings, make the appropriate recommedation to the president.

International property association of the Phil vs Paquto Ochoa (2016)

-Sc affirm the ccession of the Phil to protocol relating to the Madrid agreement concerning international
registration of marks in 2012 despite the absence of the senate
concurrence, after the secretary of foreign affairs had determined that what was involved waas an
executive agreement and not a treaty.
Saguisag vs Exec Sec 2016
-SC discussed the difference bet treaties and exec agreements that the EDCA was not a treaty therefore
it did not need concerrence of he senate , in consnance withe the
earlier findings of the sec of foreign Affairs.

C. need for ratification by the Senate

1. Treaties and intel Agreements- while the constitution est the power 2/3 of votes

Steps in Treaty making:

1. Negotiation- done through foreign ministries. the negotiatiors must posses powers to negotiate. they
are armed with credentials known as pleinepouvoirs (authority
from the president) or full powers, which
is a document emanting from a competent authority of a state designating a person or persons.

VFA- Americans takes custody if they commit crimes.

Can the offers exchanged bet the parties during negotiations continue to be priviledged even after the
signing of the treaty?yes. akbyan vs Aquino 2008, states that the offers made bet the parties during
negotiations of the Japan Phil economic package agreement continue to be privileged because the
japanses representatives submitted their offers with the understanding thehistoric confidentiality would
ggovern the same, hence, disclosing these offers could impair the ability of the Philippines to deal not
only twith japan but with tother foreign governments in future negotiations.

2. Authentication of the text

Negotiations conclude witht the signing of the document.
Adoption vs authentication
Adoption takes lace whent the states that took part in the creation of the instrument certify that they
reached a consensus to adopt the same
Authentication is a process of certifying that the final copy of the document which they are supposed to
sign is the same as that which they agreed upon.

Note: Mere adoption or authentication of an instrument does not bind a state because adoption and
authentication are mere processes meant to safeguard the intergirty of the instrument. Ultimately,, the
rule still stands.

3.Consent

Art. 12 constent to be bound by a treaty xpressed by the signature. The consent o the state to beound
by treaty is expressed by the signature of its representative when
1. Treaty provides that signatures shall have that effect;
2. It is otherewise establsished that the negotiating states were agreed that signature should have
that effect
3. Or the intention of the states to give that effect to signature appears from the full powers if ts
representative or was expressed during the negotiation
2. For the purposes of Paragreaph 1:
A The inititaling of a text constitutes a signature of the treaty when it is establishedthat negotiating
states so agreed;
The signature and referdnum of a treaty by representative if confirmed by his states constitutes a full
signature of the treaty.

Types of Signature
1. Simple signature0 Where the instrument was signed initially but the state is not completely
bound unless the signature is later ratified.
2. Definitive when the states is bound as soon as the instrument is signed ,gregardless of whether
it later ratifies the instrument or not.

Example:
China phil agreed fishing rights. Feb 1 adopted march 2018 authentication
consent:signature;ratification;accession

Consent in Vienna Convention

Art 11:
Art 12

Consequences of signature subject to ratification

Rules is governed under rule 18 of the vclt which provides that signing state must nevertheless refrain
from acts which defeat the object and purpose of the instrument until it is ratified or the sate clearly
expresses its intention to not become a party to instrument.

Article 13. consent to be bound by a treaty expressed by an exchange of instruments constituting a

treaty:
The consent of states to be bound by a treaty expressed by an exchange of consent.

Consent of a state to be bound by a treaty is edxpressed by ratification when a treaty provides for such
consent to be expressed by means of ratification; it is otherwiseestablished that the negotiating states
were agreed that the ratification should be requoredl; the representative of the state has signed the
treaty subject to ratification or intention of the state to sign the treaty subject ot ratification appears
from the fullpowers of its representatibes was expressed during the negotiation.

Pimentel vs Exec Sec 2005

Can the exec sec and sec of foreign affairs maybe compelled may be comepleeled by mandamus to
transmit a copy of the rome statue signed by a member of the phil mission to the un to the senate for
concurrence? Can the pres be comepleed to ratify the rome statute? No. the pres is vested with the
authority to deal with foregn states and governments, extend or withhold recognition, maintain
diplomatic relations. Thus the pres has the discretion, even afer the signing of the treaty by the Phil
representative whteher or not to ratif the same.

Cannon Shot Rule

24 nauticals miles Contiguous zones ( Special jurisdictional rights)

Costums
Fiscal laws- import of money or bonds inside phil. Immigration laws arrest imigrants
Arial
Sanitation-
100 nautical miles UNCLOS archipelagic countries required ceilings for international navigation

Meaning of continental shelves

Paragraph 5: 12 month period to object otherwise deemed accepted.