27. What is Doctrine of Sovereign Immunity?
Sovereign immunity is a judicial doctrine that prevents the government or its political
subdivisions, departments, and agencies from being sued without its consent.
28. What is the “Act of State of Doctrine”?
It is a principle which states that every sovereign state is bound to respect the
independence of every other sovereign state, and the courts ill not sit in judgment of another
government’s acts or act of any sovereign national done within its own territory.
Part 2
29. Distinguish between Treaty and a Executive Agreement?
Treaties are formal documents which require ratification with the approval of two thirds
of the Senate. Executive agreements become binding through executive action without the
need of a vote by the Senate or by Congress.
30. What is meant by a peremptory norm?
A peremptory norm also called as jus cogens is a fundamental principle of international
law that is accepted by the international community of states as a norm from which no
derogation is permitted.
31. How is a treaty made?
The usual steps in the treaty making process are: negotiation, signature, ratification, and
exchange of instruments of ratification.
32. What are the essential requisites of valid treaty?
The essential requisites are:
a. Treat-making capacity
b. Competence of the representative/organ concluding the treaty- Generally, the
Head of State exercises the treaty-making power. In the Philippines, it is the
President who exercises the power, subject to concurrence by 2/3 of all the
members of the Senate.
c. Parties must freely give consent- The consent of the State may be expressed
by signature, exchange of instruments constituting a treaty, ratification,
acceptance, approval or accession, or by other means manifesting consent.
d. Licit- Object and and subject matter must be lawful within the commerce of
nations and in conformity with the international law.
33. What is the effect of a reservation?
Art. 21 Legal effects of reservation and objections to reservatoion.
1. A reservation established with regard to another party in accordance with Articles 19,
20, and 23;
a) modifies for the reserving State in its relations with that other party the
provisions of the treaty to which the reservation relates to the extent of the reservation; and
b) modifies those provisions to the same extent for that other party in its
relations with the reserving state.
2. The reservation does not modify the provisions of the treaty for the other parties to
the treaty inter se.
3. When a state objecting to a reservation has not opposed the entry into force of the
treaty between itself and the reserving State, the provisions to which reservation relates do not
apply as between the two States to the extent of the reservation.
34. What is a Protocol de Cloture?
A final act, is a an instrument which records the winding up of the proceedings of a
diplomatic conference and usually includes a reproduction of the texts of treaties, conventions,
recommendations, and other acts agreed upon and signed by the plenipotentiaries attending
the conference. It is not the treaty itself, it is rather the summary of the proceedings of
protracted conference which may have taken place over several years.
35. When does a treaty take effect?
The President may form and negotiate, but the treaty must be advised and consented to
by a two-thirds vote in the Senate. Only after the Senate approves the treaty can the President
ratify it. Once it is ratified, it becomes binding on all the state under the Supremacy Clause.
36. When may non-signatories be bound by a treaty?
As a rule, treaties cannot impose obligations upon States not parties to them. Pacta
tertiis nocent necprosunt. However, through the process of accession or adhesion, States not
originally parties to the agreement may become bound.
37. What is the effect of non-ratification of a treaty?
The President is vested with the authority to deal with foreign States and governments,
extend or withhold recognition, maintain diplomatic relations, enter into treaties and otherwise
transact the business of foreign relations. Thus, the President has the discretion , even after
signing the treaty by the Philippine representative, whether or not to ratify the same.
38. What is the Principle of Effectiveness in the interpretation of treaties?
Under article 31 of the VCLT, a treaty shall be interpreted in good faith, in accordance
with the ordinary meaning given to the terms of the treaty in their context and in the light of its
objects and purposes. To be considered in the interpretation are its text, preamble, annexes, as
well as other agreements relating to the treaty and subsequent agreements entered into by the
contracting parties. Where there is uncertainty, reference may also be made to the intent of
the parties as seen in official transcripts and other documents.
1. Retroactive effect. Following Article 28 of the VCLT, a treaty shall have no retroactive effect
except when provided.
2. Law at Time of Interpretation. The law prevailing at the time when the treaty is being
interpreted shall prevail.
39. What is meant by the Principle of Pacta Sunt Servanda?
The latin for "every treaty in force is binding upon the parties to it and must be
performed by them in good faith." This entitles states to require that obligations be respected
and to rely upon the obligations being respected. This good faith basis of treaties implies that a
party to the treaty cannot invoke provisions of its municipal (domestic) law as justification for a
failure to perform. However, with regards to the Vienna Convention and the UNIDROIT
Principles it should be kept in mind that these are heavily influenced by civil law jurisdictions.
To derive from these sources that pacta sunt servanda includes the principle of good faith is
therefore incorrect.
The only limit to pacta sunt servanda are the peremptory norms of general international law,
called jus cogens (compelling law). The legal principle clausula rebus sic stantibus, part of
customary international law, also allows for treaty obligations to be unfulfilled due to a
compelling change in circumstances.
