Executive Agreement Entered Into By A Philippine President

By December 8, 2020 No Comments

First, the distinction between contracts and executive treaties: what is the difference? None in international law. The two international agreements are also binding on the parties. In practice, in national law, none; The differences, if any, are due to the procedural aspect. By analogy, senior officials appointed by the President must be confirmed by Congress, yet the President can terminate such an appointment without Congress having time for reflection; In the United States, executive agreements are made exclusively by the President of the United States. They are one of three mechanisms through which the United States makes binding international commitments. Some authors view executive agreements as treaties of international law because they bind both the United States and another sovereign state. However, under U.S. constitutional law, executive agreements are not considered treaties within the meaning of the contractual clause of the U.S. Constitution, which requires the Council and the approval of two-thirds of the Senate to be considered a treaty. Can President Rodrigo Roa Duterte enter a valid oral executive agreement with China to allow Chinese fishing vessels to enter the Philippines` exclusive economic zone? And an essential element of a treaty is that it must be written, concluded by states and governed by international law, as stipulated in Article 2, paragraph 1, of the 1969 Vienna Convention on Treaty Law.

It`s a practice as old as early civilizations, really. Section 1 of Executive Order 459 provides that negotiations on such contracts or agreements can only take place with the participation of the Department of Foreign Affairs, in coordination with the Department of Foreign Affairs, in coordination with the Department of Foreign Affairs. It is time for our outside politicians to have a say on this issue of the national interest. The U.S. executive agreements are governed by the amendment of the Case-Zablocki Act (1.C, implemented in 2005 by 22 CFR Part 181). The decision on whether to designate an executive agreement belongs to the U.S. State Department`s Office of Legal Adviser under a procedure described in Circular 175 (Volume 11 of the State Department`s Foreign Affairs Manual, 11 FAM 720).