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InternationalLaw RD

The document discusses the president's authority to withdraw from treaties without Senate approval, emphasizing that this power is based on constitutional and national policy considerations. It outlines various legal doctrines related to the incorporation of international law into national law, including monism and dualism, and describes modes of acquiring sovereignty such as occupation, prescription, cession, and conquest. Additionally, it highlights the requisites for occupation and the implications of effective control in legal contexts.

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Ruth Dulatas
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43 views1 page

InternationalLaw RD

The document discusses the president's authority to withdraw from treaties without Senate approval, emphasizing that this power is based on constitutional and national policy considerations. It outlines various legal doctrines related to the incorporation of international law into national law, including monism and dualism, and describes modes of acquiring sovereignty such as occupation, prescription, cession, and conquest. Additionally, it highlights the requisites for occupation and the implications of effective control in legal contexts.

Uploaded by

Ruth Dulatas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Part 1 e

Whether the president can withdraw from the


treaty without the concurrence of the senate?
GR: YES! As a primary architect of foreign policy,
president enjoys a degree of leeway to withdraw
from treaties which are bona fide deemed contrary
to the constitution of our laws and to withdraw in
keeping with national policy adopted pursuant to
the constitution and our laws.

Pangilinan vs Cayetano
The power to withdraw must be anchored on a
determination whether the treaty runs a foul to the
constitution or a statute.

Doctrine of incorporation – automatically becomes


part of the national legal system without need for
express adaption by the state. Automatic
incorporation of international law to national law.
Automatically become part of the legal system of
the Philippine legal system.

Doctrine of transformation – usually for countries


Adhering to dualism
Applicable to treaties

Monism, international law always prevail.

Inverse monism theory – municipal law prevails


over international law in both international law and
municipal tribunals.

Harmonization theory seeks to eliminate major


differences among different legal systems by
creating minimum standards or requirements

Modes of Acquisition of sovereignty


Occupation
Prescription
Cession
Conquest
Accretion or Avulsion

Requisites for Occupation


1. Res Nullius
2. Effective control
Apparent, continuous and peaceful display of
sovereignty.
For Prescription, effective control is also a requisite,
but the object of prescription is not res nullius.

Cession – one state cedes or transfers to another


state, the territory.

Conquest – use of force became illegal

Part 2 a 6:35

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