Enhanced Defense Cooperation Agreement: The conflict between treaties vs. executive agreements and the provisions of its dispute of settlements
Date of Publication
Bachelor of Science in Legal Management
Military, War, and Peace | National Security Law
Ramon V. Del Rosario College of Business
Roxanne B. DImayuga
Defense Panel Chair
Defense Panel Member
Andre R. De Jesus
Jaso O'S. Ramos
This research paper aims to investigate and identify the constitutionality and validity of the Enhanced Defense Cooperation Agreement (EDCA). The first part of this research paper shall address the constitutionality of the EDCA whether or not it is in consonance with certain provisions of the Philippine Constitution, namely, article VII, section 21 and article XVIII, section 25. The researchers shall discuss thoroughly the difference between a treaty and an executive agreement and to which EDCA shall be recognized as.
The second part of this research paper discusses Articles II of the EDCA whether or not the judicial power of the Supreme Court of the Philippines and other lower courts can still be exercised over any civil, criminal or administrative cases committed by U.S. military personnel within Philippine territory arising from this agreement.
This research paper hopes to offer a clear distinction between a treaty and an executive agreement. The conclusion of this paper shall aid future researchers in differentiating the former from the latter. To be able to determine a legal ground in terms of jurisdiction in case of dispute, to avoid misunderstandings and to help recognize whether it should be considered as a treaty or an executive agreement, if and when the Philippines will enter into an international agreement with other states in the future.
Archives, The Learning Commons, 12F, Henry Sy Sr. Hall
62, 10 leaves, 29 cm.
Conflict of laws--Jurisdiction--Philippines; Military assistance, American--Philippines; Treaties; Philippines—Foreign relations—Executive agreements
Herrera, M. L., & Yu, J. T. (2014). Enhanced Defense Cooperation Agreement: The conflict between treaties vs. executive agreements and the provisions of its dispute of settlements. Retrieved from https://animorepository.dlsu.edu.ph/etd_bachelors/5656