1.
The President is the Chief Architect of PAR IN PAREM NON HABET IMPERIUM also
international relations. Any executive
agreements entered into by the President
form part of the land and not are required to
be ratified by the Senate.
2. The State shall be bound by the provisions of
a treaty if it is a signatory party and ratified
by the Senate by acquiring 2/3 votes.
3. Under the Doctrine of Sovereign Equality, a
State is free to decide whether to ratify or
withdraw from a treaty. In case the State opt
to withdraw, there should have a valid
ground for doing so, hence will violate the
pacta sunc servanda principle, that
mandates the State to comply with the
mutual obligations entered thereby in good
faith.
4. There is an accession or it involves jus
cogens principles.
5. Under the 1987 Philippine Constitution, Art.
XIII Sec. 5(2)(a) grants the judicial body to
decide on the constitutionality of the treaties
and executive agreements entered into by
the President or its representatives.
ERGA OMNES is a principle where it describes
the obligation owed by a State towards the
international community of States as a whole.
AEQUO ET BONO it is a judgment rendered not
only based with strict compliance with the law but
also with recognition of equity. Hence, parties
should mutually consent in applying the
aforementioned principle under Art. XIII Section 8(2)
of the 1987 Philippine Constitution.
PACTA TERTIIS NEC NOCENT NEC PROSUNT
under this latin principle where a non-party to a
treaty is not bound to comply with the obligations
laid down in a treaty. Except where there is
application of the Principle of Accession; the treaty
became a generally recognized international
principle; and, if the treaty so provides, for it
extends benefits to a non-party.
known as the Doctrine of Sovereign Equality, that
one sovereign power cannot exercise jurisdiction
over another sovereign power.
PACTA SUNC SERVANDA a contracting party
must comply with the obligations in a treaty or
executive agreement in good faith.
REBUS SIC STANTIBUS an exception in the
application of Pacta Sunc Servanda Principle, where
a state can no longer comply in good faith due to a
fundamental change which is unforeseeable during
the time of the conclusion of a treaty and now
creates a conflict between the latter and the
municipal law of the State.
EFFECTIVE NATIONALITY LINK DOCTRINE
when there is a conflict between two States in
acquiring jurisdictions over a person having dual
citizenship, the State where in such person
established an effective link shall acquire
jurisdiction therefore.
DOCTRINE OF ACCESSION is the act whereby a
state accepts the offer or the opportunity to
become a party to a treaty already negotiated and
signed by other states. It usually occurs after the
treaty has entered into force.
DOCTRINE OF AUTOLIMITATION is where a
state submits itself to be restricted of some of its
sovereign power.
DOCTRINE OF RECIPROCITY - where there is a
mutual exchange of privileges between states,
nations, businesses or individuals.
EFFECTS DOCTRINE a State acquires jurisdiction
over acts committed outside its territory but have
effect within its peace and security.
PRO HAC VICE for this case only. Any decisions
rendered into by an international tribunal shall
apply only in a specific case. An exemption to the
application of Stare Decisis Principle.
DOCTRINE OF ALTERNAUT the name of a party
state shall appear on the top of their own copy of a
treaty.
DOCTRINE OF INCORPORATION a generally
accepted principles of international law shall
automatically form part of the law of the land.
DOCTRINE OF TRANFORMATION a treaty
entered into must be expressly transformed through
the concurrence, by acquiring 2/3 votes, of the
Senate before it becomes a law of the land.
DOCTRINE OF ASSOCIATION where there is a
state within a state.
DOCTRINE OF STATE CONTINUITY a state
continue to exist despite a change on any of its
elements of statehood, except such change caused
the loss of one of the essential elements of
statehood.
Fundamental rights of a State:
1. Sovereign and Independence a State shall
be free from control from other states in
conducting its internal and external affairs.
2. Existence and Territory a State shall have
its own territory to utilize and should be
respected by other states.
3. Property and Jurisdiction a State shall own
its properties and acquires jurisdiction over
its objects.
4. Equality sovereign equality where no state
shall be above or under other states.
5. Diplomatic Intercourse a State shall be free
to conduct or perform any act which creates
relationship with other states and
international bodies.
Doctrine of Doctrine of
Incorporation Transformati
on
As to subject It involves a It involves a
matter generally treaty entered
accepted into.
 principle. Constitutive Declaratory Recognition is
As to Shall Shall form part Theory Theory not necessary.
effectivity automatically of the law of As to requisite It is essential Under this As to its
forms part of the land after that the other theory, a State international
the land under ratification State becomes a relation
the Art. II of which requires recognizes it. state after
the 1987 2/3 votes from acquiring all
Constitutition. the Senate the elements
under _____ of a state.