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4 when a state objecting to a reservation has not

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Unformatted text preview: lomatic intercourse Q: What is the concept of Association? 232 A: An association is formed when two states of unequal power voluntarily establish durable links. In the basic model, one state, the associate, delegates certain responsibilities to the other, the principal, while maintaining its international status as a state. Free association represents a middle ground between integration and independence. (E.g. Republic of the Marshall Islands and the Federated States of Micronesia formerly part of the U.S. Administered Trust Territory of the Pacific Islands.) The associated state arrangement has usually been used as a transitional device of former colonies on their way to full independence. (E.g. Antigua, St. Kitts‐Nevis‐Anguilla, Dominica, St. Lucia, St. Vincent and Grenada.) Q: Formal peace talks between the Philippine Government and MILF resulted to the crafting of the GRP‐MILF Tripoli Agreement on Peace (Tripoli Agreement 2001) which consists of three (3) aspects: a.) security aspect; b.) rehabilitation aspect; and c.) ancestral domain aspect. Various negotiations were held which led to the finalization of the Memorandum of Agreement on the Ancestral Domain (MOA‐AD). In its body, it grants “the authority and jurisdiction over the Ancestral Domain and Ancestral Lands of the Bangsamoro” to the Bangsamoro Juridical Entity (BJE). The latter, in addition, has the freedom to enter into any economic cooperation and trade relation with foreign countries. The MOA‐AD further provides for the extent of the territory of the Bangsamoro. With regard to governance, on the other hand, a shared responsibility and authority between the Central Government and BJE was provided. The relationship was described as “associative”. Does the MOA‐AD violate the Constitution and the laws? A: Yes. The provisions of the MOA indicate that the Parties aimed to vest in the BJE the status of an associated state or, at any rate, a status closely approximating it. The concept of a...
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