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Razel Ann Galit The Contemporary World

BSBA FM1 (Group 2)

COMMUNICATE (Page 62)

Positive Effect/s Negative Effect/s


International Covenant/Treaty The right to equality before the However, the treaties were not
law; the right to be presumed yet legally binding. It is a
innocent until proven guilty and common with multilateral
to have a fair and public hearing treaties for there to be
by an impartial tribunal. The conditions placed in the treaty
right to be recognised as a that say it shall not be legally
person before the law. The right enforceable on countries until a
to privacy and its protection by certain number of countries
the law. The freedom of sign up to the treaty.
thought, conscience and
religion.
Iternational Customs Treating non-refoulement as Article 3 of the ECHR prohibits
both a right of the State and a torture and inhuman or
right of the individual under degrading treatment, but does
international law enhances the not specifically mention non-
protection for asylum claimants refoulement. However the
and refugees who otherwise European Court of Human
may be sent back to Rights has stated that the
persecution, massive human principle is incorporated within
rights violations or death and Article 3.
torture.
Jus Cogens The right to life, liberty, and Depression, Anxiety disorders,
security of person. No one shall including panic disorder, Post-
be held in slavery; slavery and Traumatic Stress Disorder
the slave trade shall be (PTSD), Substance use and
prohibited in all their forms. The disorders.
right to just and favorable work Shame and guilt, Alienation and
conditions. isolation from social supports,
Suicidal ideation (thoughts of
suicide) and Identity
disturbance/confusion.
Obligations Erga Omnes Close relationship to both Stress as a result of racism can
discrimination and well-being, also lead to behaviors that may
one factor that could play a cause further risk to physical
mediating role is affect or health. For example, research
emotional experience. has found that discrimination is
Emotional experience has been linked to higher rates of
divided into two dimensions: smoking, alcohol use, drug use,
one positive and the other and unhealthful eating habits.
negative. Precedents suggest
that affects can have a
mediating role in the
relationship between well-being
and other factors, such as
optimism. Although from a
hedonic perspective, affects
together with life satisfaction
constitute the primary
components of subjective well-
being, there is evidence that the
components of this structure
behave independently and are
moderately related, which
would also be expected for a
measure of well-being, but from
an eudaimonic perspective, as is
psychological well-being.
Razel Ann Galit
BSBA FM1 (G2)

CREATE AND COLLABORATE

In the petitions at bar, petitioners Province of North Cotabato (G.R. No. 183591) Province of Zamboanga


del Norte (G.R. No. 183951), City of Iligan (G.R. No. 183893) and City of Zamboanga (G.R. No. 183752)
and petitioners-in-intervention Province of Sultan Kudarat, City of Isabela and Municipality of
Linamon have locus standi in view of the direct and substantial injury that they, as LGUs, would suffer as
their territories, whether in whole or in part, are to be included in the intended domain of the BJE.
These petitioners allege that they did not vote for their inclusion in the ARMM which would be
expanded to form the BJE territory. Petitioners' legal standing is thus beyond doubt.

An MOA is more formal than a verbal agreement but less formal than a contract. Organizations can use
an MOA to establish and outline collaborative agreements, including service partnerships or agreements
to provide technical assistance and training. An MOA may be used regardless of whether or not money
is to be exchanged as part of the agreement.

G.R. No. 175888               February 11, 2009

SUZETTE NICOLAS y SOMBILON, Petitioner,


vs.
ALBERTO ROMULO, in his capacity as Secretary of Foreign Affairs; RAUL GONZALEZ, in his capacity as
Secretary of Justice; EDUARDO ERMITA, in his capacity as Executive Secretary; RONALDO PUNO, in his
capacity as Secretary of the Interior and Local Government; SERGIO APOSTOL, in his capacity as
Presidential Legal Counsel; and L/CPL. DANIEL SMITH, Respondents.

The VFA is an agreement between the two countries in support of the Mutual Defense Treaty (MDT).
The MDT was established in 1951 between the United States and the Philippines to provide mutual
support in case of foreign attack.
Razel Ann Galit
BSBA FM1 G2

COLLABORATE

WHEREAS, the negotiations of international agreements are made in pursuance of the foreign policy of
the country; WHEREAS, Executive Order No. 292, otherwise known as the Administrative Code of 1987,
provides that the Department of Foreign Affairs shall be the lead agency that shall advise and assist the
President in planning, organizing, directing, coordinating and evaluating the total national effort in the
field of foreign relations; WHEREAS, Executive Order No. 292 further provides that the Department of
Foreign Affairs shall negotiate treaties and other agreements pursuant to the instructions of the
President, and in coordination with other government agencies; WHEREAS, there is a need to establish
guidelines to govern the negotiation and ratification of international agreements by the different
agencies of the government;

executive agreement, an agreement between the United States and a foreign government that is less
formal than a treaty and is not subject to the constitutional requirement for ratification by two-thirds of
the U.S. Senate.

The Constitution of the United States does not specifically give a president the power to


conclude executive agreements. However, he may be authorized to do so by Congress, or he may do so
on the basis of the power granted him to conduct foreign relations. Despite questions about the
constitutionality of executive agreements, in 1937 the Supreme Court ruled that they had the same
force as treaties. Because executive agreements are made on the authority of the incumbent president,
they do not necessarily bind his successors.

Most executive agreements have been made pursuant to a treaty or to an act of Congress. Sometimes,
however, presidents have concluded executive agreements to achieve purposes that would not
command the support of two-thirds of the Senate. For example, after the outbreak of World War II but
before American entry into the conflict, President Franklin D. Roosevelt negotiated an executive
agreement that gave the United Kingdom 50 overage destroyers in exchange for 99-year leases on
certain British naval bases in the Atlantic.

The use of executive agreements increased significantly after 1939. Prior to 1940 the U.S. Senate had
ratified 800 treaties and presidents had made 1,200 executive agreements; from 1940 to 1989, during
World War II and the Cold War, presidents signed nearly 800 treaties but negotiated more than 13,000
executive agreements.

A treaty or international agreement ratified by the President and concurred in by the Senate becomes
part of the law of the land and may not be undone without the shared power that put it into effect,” it
added

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