2016 (Political Law) Bar Exam Questions: Question 10

[Answer/discuss the question below, or see 2016 bar exam Political Law Instructions; 2016 Political Law Questions: 1, 2, 3, 4, 5, 6, 7, 8, 911, 12, 13, 14, 15, 16, 17, 18, 19, and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

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The Philippines entered into an international agreement with members of the international community creating the International Economic Organization (IEO) which will serve as a forum to address economic issues between States, create standards, encourage greater volume of trade between its members, and settle economic disputes. After the Philippine President signed the agreement, the Philippine Senate demanded that the international agreement be submitted to it for its ratification. The President refused, arguing that it is an executive agreement that merely created an international organization and it dwells mainly on addressing economic issues among States.

Is the international agreement creating the IEO a treaty or an executive agreement? Explain. (5%)

One comment

  1. The international economic organization (IEO) that was created when the Philippines entered into an intenational agreement along with the members of the international community had only constituted an excutive agreement, and not a treaty.

    The international economic orgnization (IEO) merely serves as a forum to address any economic issues between the states, thus, it cannot be branded as a treaty.

    A treaty may only be constructed upon an international agreement concluded between the states in a written form.

    In this case, there were no international agreement concluded between the states but merely an agreement to set up an international organization for the purpose of discussing economic issues.

    Therefore, the President’s refusal on the argument that it is an executive agreement that merely created an international organization and dwells mainly on addressing economic issues among states is valid.

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