Q when is the principle of postliminium applied a

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Unformatted text preview: ty. The signature of the 242 representative does not signify final consent, it is ratification that binds the state to the provisions of the treaty and renders it effective. Senate is limited only to giving or withholding its consent, concurrence to the ratification. It is within the President to refuse to submit a treaty to the Senate or having secured its consent for its ratification, refuse to ratify it. Such decision is within the competence of the President alone, which cannot be encroached by this court via writ of mandamus. (Pimentel v. Executive Secretary, G.R. No. 158088, July 6, 2005) Q: Enumerate instances when a third State who is a non‐signatory may be bound by a treaty. A: 1. When a treaty is a mere formal expression of customary international law, which, as such is enforceable on all civilized states because of their membership in the family of nations. 2. Under Article 2 of its charter, the UN shall ensure that non‐member States act in accordance with the principles of the Charter so far as may be necessary for the maintenance of international peace and security. Under Article 103, obligations of member‐states shall prevail in case of conflict with any other international agreement including those concluded with non‐members. 3. The treaty itself may expressly extend its benefits to non‐signatory States. 4. Parties to apparently unrelated treaties may also be linked by the most‐favored nation clause. Q: When does a treaty enter into force? A: A treaty enters into force in such manner and upon such date as it may provide or as the negotiating States may agree. Failing any such provision or agreement, a treaty enters into force as soon as consent to be bound by the treaty has been established for all the negotiating States. Q: May a State invoke the fact that its consent to the treaty was obtained in violation of its internal law? A: GR: No. XPN: If the violation was manifest and concerned a rule of its internal law of fundamental importance. POLITICAL LAW...
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This document was uploaded on 03/12/2014.

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