Title

Discerning the constitutionality of the Enhanced Defense Cooperation Agreement

Date of Publication

2014

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Military, War, and Peace

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Andre De Jesus

Defense Panel Chair

Edward Chico

Defense Panel Member

Hilario S. Caraan
Ma. Araceli Habaradas

Abstract/Summary

The Enhanced Defense Cooperation Agreement or EDCA has been a point of contention, currently it is classified as an executive agreement in the status quo. The study aims to address whether or not the EDCA is constitutional, first by analyzing whether it should be classified as an international treaty or as an executive agreement then testing for its constitutionality based on parameters based on that. The EDCA was found to be classified as a treaty. With the conclusion that the EDCA is a treaty it was tested for constitutionality through three constitutional provisions and was found to violate them all. As an analysis of the current literature, the study has indicated that the EDCA is unconstitutional.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19317

Shelf Location

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

Physical Description

73, 10 leaves, 29 cm.

Keywords

Military assistance, American--Philippines

Embargo Period

5-6-2021

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