Other serious violations of the laws and customs

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Unformatted text preview: ; or 2. If the fundamental change is the result of a breach by the party invoking it of an obligation under the treaty or of any other obligation owed to any other party to the treaty. Q: What is the “clean slate” rule? A: When one State ceases to exist and is succeeded by another on the same territory, the newly independent State is not bound to maintain in force, or to become a party to, any treaty by reason only of the fact that at the date of the succession of States the treaty was in force in respect of the territory to which the succession of States relates. Q: What are the exceptions to the “clean slate” rule? A: 1. When the new State agrees to be bound by the treaties made by its predecessor; 2. Treaties affecting boundary regime (utipossidetis) Q: What is the most‐favored‐nation clause? A: It may be defined in general, as a pledge by a contracting party to a treaty to grant to the other party treatment not less favorable than that which has been or may be granted to the “most favored” among other countries. Q: Can the House of Representatives take active part in the conduct of foreign relations, particularly in entering into treaties and international agreements? A: No. As held in US v. Curtiss Wright Export Corporation 299 US 304, it is the President alone who can act as representative of the nation in the conduct of foreign affairs. Although the Senate has the power to concur in treaties, the President alone can negotiate treaties and Congress is powerless to intrude into this. However, if the matter involves a treaty or an executive agreement, the HR may pass a resolution POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR.,KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. PUBLIC INTERNATIONAL LAW expressing...
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This document was uploaded on 03/12/2014.

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