Title

Enhanced Defense Cooperation Agreement: The conflict between treaties vs. executive agreements and the provisions of its dispute of settlements

Date of Publication

2014

Document Type

Bachelor's Thesis

Degree Name

Bachelor of Science in Legal Management

Subject Categories

Military, War, and Peace | National Security Law

College

Ramon V. Del Rosario College of Business

Department/Unit

Commercial Law

Thesis Adviser

Roxanne B. DImayuga

Defense Panel Chair

Edward P.Chico

Defense Panel Member

Andre R. De Jesus
Jaso O'S. Ramos

Abstract/Summary

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.

Abstract Format

html

Language

English

Format

Print

Accession Number

TU19322

Shelf Location

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

Physical Description

62, 10 leaves, 29 cm.

Keywords

Conflict of laws--Jurisdiction--Philippines; Military assistance, American--Philippines; Treaties; Philippines—Foreign relations—Executive agreements

Embargo Period

5-5-2021

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