Title

Pacta sunt servanda: The harmony of international law and national law in GATT

Date of Publication

2014

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Commercial Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Arvin Jo

Defense Panel Chair

Edward Chico

Defense Panel Member

Christine Canlapan
Darren De Jesus

Abstract/Summary

In the continous pursuit of new knowledge, this paper will discuss the issue thoroughly to derive to an academic answer to the said issue. Furthermore, this paper will lay down various arguments in response to actual cases that arose from the same and thrive to develop a valid and credible resolution in response to this clash.

International laws and domestic laws are on the same level in the hierarchy of laws in the Philippines. In times of clash, the question of which law shall be followed arises. This clash is illustrated in the expiration of the reservation clauses of the Philippines in the multi-lateral agreement that the country ratified, the General Agreement on Trade and Tariffs, that imposes a ban on quantitative import restrictions to its member nations in the promotion of free and liberalized trading systems, on one hand, and the enactment of R.A. 8178 or the Agricultural Tariffication Act for the continued imposition of quantitative import restriction on rice on the other hand. The clash between the two is eminent, whether or not the country, despite its ratification of GATT, can still impose quantitative import restrictions, it being a developing nation and with respect to the protection that the 1987 Constitution grants for the general welfare of the nation.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19368

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

130 leaves, illustrations (some color), 29 cm.

Keywords

Trade regulation--Philippines, Foreign trade regulation-- Philippines; Tariff—Law and legislation--Philippines; Conflict of laws—Foreign trade regulation--Philippines

Embargo Period

5-6-2021

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