TOPIC: Treaties are considered international contracts.
Slide 2: 1. d 2. How to determine of authorized? Formal document.
Q. If a contract has been perfected between a country or
representative of another country who is not authorized, can they enforce it? A. NO. Since it is an international agreement, enforcing the contract by means of sanctions is frowned upon. B. If there is conflict between treay and domestic law, the latter shall prevail.
Slide 3: Treaty making powers
Steps: Negotiation – hosted by another country Signature Ratification Exchange instrument
Slide 4: Binding effects of treaties
Privity of contracts: GR: Only signatories are bound (3rd persons not bound) XPN: by ACCESSION By CUSTOMARY INTERNATIONAL LAW
Slide 5: PACTA SUNT SERVANDA
- “Agreements must be kept even if confronted by hard times”
CASE: NAGA TELEPHONE CO., INC. (NATELCO) AND LUCIANO M.
MAGGAY, petitioners, vs. THE COURT OF APPEALS AND CAMARINES SUR II ELECTRIC COOPERATIVE, INC. (CASURECO II), respondents G.R. No. 107112 Doctrine: Equitable Justice