Functions of treaties

1. Enables the parties to finally settle actual and potential conflicts.

2. Treaties make it possible to the parties to modify rules of international customary law
by means of international principles or standards
3. Treaties may lead to a fransformation of an unorganised international society, into one
that is organized on any level of social integration
4. Treaties provide humous for the growth of international customary law.

Functions
1. Source of international law
2. Charter of international organizations
3. Use to settle disputes/conflicts
4. Use to transfer territories
5. Use to regulate commercial relations
6. Use to protect human rights
7. Use to guarantee investments

Requisite for a valid treaty

1. It must be concluded by parties with treaty making capacities
2. It must be through their authorize representatives (it is provided by the municpal law of
any state)
3. It must be entered without the attendance of duress, fraud or mistake or any other vices
of consent
4. It must be on any lawful subject matter
5. Ratification should be in accordance with the constitutional process

Treaty making process

1. Negotiation - this is the discussion of the provisions of the proposed treaty
(the representative are entitled to full powers known as plenis pouviors)
2. Signature - under this level, the signature implies the authentication of the instrument
and symbolizes the good faith of the parties entering in the particular treaty.
3. Ratification - implies that the parties formally accepts the provisions of the treaty
concluded by their authorized representatives
4. Exchange of instruments of ratification
5. Registration with the UN

CONCORDAT is a treaty concluded between ecclesiastical and civil powers to regulate

their relations concerning matters which both affects the church and the state

DOCTRINES IN TREATIES
1. Jus Cogens - is a norm in which the state cannot derogate or deviate from the
agreement
2. Pacta Sunt Servanda - means that treaties much be observed in good faith, despite
hardship in the contracting state, for example the treaty contradicts to some of its
constitutional provisions, or the treaty is prejudice to its national interests.
As a general rule, a party must comply with the provisions of the treaty and one
 cannot ignore or modify it without the consent of other signatories. ( it is important
that there would be just cause in every action of the state regarding either the
modification or ignoring the provisions of the treaty. Under the pacta sunt servanda,
the parties who cannot uphold being a member, with compliance in good faith, is not
allowed under the law of nations.

DOCTRINE OF REBUS SIC STANTIBUS - the doctrine constitutes the attempt to

create a principle that would justify the non-performance of a treaty obligation

To illustrate:
A and B concluded a treaty on the reciprocal use of their respective port facilities,
however, B’s only important port was ceded to C, A should be released from continuing
to accord the treaty privileges to B, which is no longer able to perform its obligation in
the treaty.

MOST FAVORED NATION CLAUSE - under this doctrine, the state entitled to most
favored nation from the other may claim the benefits extended by the latter to another
state in a separate agreement

To illustrate:
If X agrees to extend the most favored nation treatment to Y and thereafter grants
tariff preferences to Z under another treaty, Y will be entitled by its virtue of its treaty
with X, to enjoy the same advantages conceded to Z.

(Parties to apparently unrelated treaties may be linked by the most favored nation clause)

TERMINATION OF TREATIES
1. By expiration of the term (which may be fixed or subject to resolutory condition
2. By accomplishment of the purpose
3. By impossibility of performance
4. By loss of the subject matter
5. By desistance of the parties, through express mutual consent
DESUETUDE - or the exercise of the right of denunciation (or withdrawal when
allowed
6. By novation
7. By extinction of one of the parties (if the treaty is bipartite)
8. By vital change in circumstances under the doctrine of rebus sic stantibus (the doctrine
constitutes the attempt to formulate a principle that would justify the non-performance of
a treaty obligation, if the conditions which the parties have contracted changed so
materially and so unexpectedly so as to create a situation in which the exaction of
performance is unreasonable.)
9. By outbreak of war between the parties,specifically when the treaty was intended to
regulate the conduct of the signatories during hostilities, or to cede territory or to fix
boundaries
10. By voidance of a treaty because of the defects in its conclusion,by violation of the
provision by one of its parties, or incompatibility with the international law or the UN
Charter

NON - REFOULEMENT PRINCIPLE - Prohibits the state to expel or return a refugee

to the territory where he escape because his or her life is threatened

CASES

2. BAYAN VS EXECUTIVE SECRETARY

Article 7, sec. 21 - No treaty or international agreement shall be valid and effective

unless concurred by two thirds of all the members of the Senate.

Article 18, sec. 25 - after the expiration in 1991 of the agreement between the PH and the
US concerning Military Bases, foreign military bases, troops or facilities shall not be
allowed in the Philippines except in a treaty duly concurred by the Senate and when the
Congress so requires, ratified by majority of the people in referendum hel for that
purpose, and recognized a s treaty by other contracting state.

CONDITIONS:
1. Foreign military bases, troops and facilities may only be allowed in a country in a
treaty duly concurred by the Senate and when the Congress so requires
2. It must be ratifies by majority of the people in a referendum held for that purpose
3. It must be recognized as a treaty by other contracting state.
TREATIES - are agreement, usually but not necessarily in writing, entered into by parties
with treaty making capacities, to regulate their mutual relations under the law of nations.
FUNCTIONS
1. Treaties enable parties to finally settle actual and potential conflicts.
2. Treaties make it possible for the parties to modify rules of international customary law,
by means of international principles or standards
3. They may lead to a transformational of an unorganized civil society into one which
may be organized on any chosen level of social integration
4. Treaties also provide humous for the growth of rules of international law.

REQUISITES F