Affirmative: Foreign Policies

Elementary is the rule that treaties shall be complied with. Pacta Sunt Servanda.

Good Morning, Ladies and Gentlemen, Your Honors!

Today I will prove to you THAT INTERNATIONAL AND LOCAL

MECHANISMS HAD ALREADY BEEN ESTABLISHED TO RECOGNIZED
INTERNATIONAL, TREATIES, POLICIES AND LAWS AS PART OF THE
LAW OF THE LAND.

ON THE FIRST LEVEL OF ANALYSIS, YOUR HONORS,

INCORPORATION OF FOREIGN POLICIES AND INTERNATIONAL
LAW HAD ALREADY BEEN ENSHRINED IN OUR CONSTITUTION,
THE SUPREME LAW OF THE LAND.

Article II, Sec 2 of the 1987 Constitution provides, “The Philippines … adopts
the generally accepted principles of international law as part of the law of the land
…”

Furthermore, in application of the doctrine of incorporation, which mandates that

the Philippines is bound by generally accepted principles of international law
which automatically form part of Philippine law by operation of the Constitution.

Thus, as was held by the case of Mijares v. Ranada, the Supreme Court dictates
that generally accepted principles of international law, by virtue of the
incorporation clause of the Constitution, form part of the laws of the land even if
they do not derive from treaty obligations. The classical formulation in
international law sees those customary rules accepted as binding result from the
combination of two elements: the established, widespread, and consistent practice
on the part of States; and a psychological element known as the opinion juris sive
necessitates ( or opinion as to law or necessity).

Judge Tanaka in his dissenting opinion in the 1966 South West Africa Case in
the International Court of Justice defined general principles of law as a primary
source of international law because they have the character of jus rationale and are
valid through all kinds of human societies.
SECOND LEVEL OF ANALYSIS, YOUR HONORS, PACTA SUNT
SERVANDA IS A UNIVERSAL RULE PRESERVED IN THE MOST
DEFINITIVE AUTHORITY ON TREATY LAW AND PRACTICE, THE
VIENNA CONVENTION ON THE LAWS OF TREATIES IN WHICH
PHILIPPINES IS A SIGNATORY THERETO.

Art 26 of the Vienna Convention on the Laws of Treaties states, “[e]very treaty
in force is binding upon the parties to it and must be performed by them in good
faith.”

The good faith element of this principle suggests that states should take the
necessary steps to comply with the object and purpose of the treaty. States may not
invoke restrictions imposed by domestic law as good reason for not complying
with their treaty obligations provided the instrument was duly ratified by
competent authorities and in accordance with constitutional and statutory
requirements.