treaties ppot
TRANSCRIPT
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treaties
- is for the purposeof regulating theirmutual relations
under the law of nations
- is entered into bystates or entitiespossessing thetreaty- making
capacity
- a formalagreement usually
in writing
- is binding on theparties when it
intends to createlegal more than
the moralobligations.
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EXECUTIVE AGREEMENTS
treaties
- is for the purpose
of regulating theirmutual relationsunder the law of
nations
- is entered into bystates or entitiespossessing thetreaty- making
capacity
- a formalagreement usually
in writing
- is binding on theparties when it
intends to createlegal more than
the moralobligations.
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ESSENTIAL REQUISITES OF A VALID TREATY
treaty-making capacity
authorizedrepresentatives
freedom of consent
lawfulsubject-matter
compliance withconstitutionalprocess
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´ Treaty- making capacityDependent on the status or self imposed inhibitions of a state or entity with
international personality thus possessing recognition.´ Authorized representatives
Determined by Municipal Law.´ F reedom of consent
Concerns fraud, force or mistake which will render the treaty void ab initio.´ Lawful subject- matterThe treaty should embrace a subject which is in accord with the law of nations,
international laws, international conventions and public morality.´ Compliance with Constitutional ProcessesNon- compliance with this requisite will prevent enforcement of the treaty even
if already signed by the authorized negotiators.
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TREATY- MAKING PROCESS
Negotiation RatificationExchange of theinstruments of
ratificationTREATY
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´ NegotiationMay be undertaken by the head of state or
authorized representatives.Submission of the draft of the proposed treaty.Authentication through signature for the purpose
of symbolizing the good faith of the parties.
´ RatificationIs the formal act by which a state confirms and
accepts the provisions of a treaty.
Enables the contracting states to examine thetreaty more closely.
´ Exchange of the instruments of ratificationSignifies the effectivity of the treaty.
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