Its statepoliciesinclude 1 the renunciation of war

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Unformatted text preview: r ratification, the Supreme Court has the power of judicial review over the constitutionality of any treaty, international or executive agreement and must hear such case en banc. Q: In case of conflict between a treaty and a custom, which would prevail? A: 1. 2. Treaty prevails if the treaty comes after a particular custom, as between the parties to the treaty, Customs prevails if the custom develops after the treaty, it being an expression of a later will. Q: Distinguish a treaty from an executive agreement. A: 1. Treaties ‐ need concurrence of the senate and involve basic political issues, changes in national policy and are permanent international agreements. 2. Executive agreements ‐ need no concurrence from the senate and are just adjustments of details in carrying out well established national policies and are merely temporary arrangements. Q: Is VFA a treaty or a mere executive agreement? A: In the case of Bayan v. Zamora G.R No. 138570, Oct. 10, 2000, VFA was considered a treaty because the Senate concurred in via 2/3 votes of all its members. But in the point of view of the US Government, it is merely an executive agreement. Q: May a treaty be modified without the consent of all the parties? A: GR: No XPN: If allowed by the treaty itself, two states may modify a provision only insofar as theories are concerned. Q: What are the grounds for invalidating a treaty? A: 1. Error 2. Fraud 3. Corruption of a representative of a State 4. Coercion of a representative of a State 5. Coercion of a State by threat or use of force 6. Violation of jus cogens norm Q: What are the grounds for termination of a treaty? ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 243 UST GOLDEN NOTES 2011 A: 6. 1. Ter...
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This document was uploaded on 03/12/2014.

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