ANSWERS TO BAR QUESTIONS (INTERNATIONAL LAW)

II. May a treaty violate international law? If your answer is in the affirmative, explain when such may happen. If your answer is in the negative, explain why. Yes, a treaty may violate international law when at the time of its conclusion, it conflicts with a peremptory norm of general international law (jus cogens) or if its conclusion has been procure by the threat or use of force in violation of the principles of international law embo ie in the !harter of the "nite #ations. ($ienna !onvention on the %aw of &reaties, 'rts. () * (+) III. &he ,resi ent alone without the concurrence of the -enate abrogate a treaty. 'ssume that the other country.party to the treaty is agreeable to the abrogation provi e it complies with the ,hilippine !onstitution. If a case involving the vali ity of the treaty abrogation is brought to the -upreme !ourt, how shoul it be resolve ? In our system of government, the ,resi ent, being the hea of state, is regar e as the sole organ an authority in external relations an is the country/s sole representative with foreign nations. 's the chief architect of foreign policy, the ,resi ent acts as the country/s mouthpiece with respect to international affairs. 0ence, the ,resi ent is veste with the authority to eal with foreign states an governments, exten or withhol recognition, maintain iplomatic relations, enter into treaties, an otherwise transact the business of foreign relations. In the realm of treaty.ma1ing, the ,resi ent has the sole authority to negotiate with other states. #onetheless, while the ,resi ent has the sole authority to negotiate an enter into treaties, the !onstitution provi es a limitation to his power by re2uiring the concurrence of )3+ of all the members of the -enate for the vali ity of the treaty entere into by him. -ection )4, 'rticle $II of the 4567 !onstitution provi es that 8no treaty or international agreement shall be vali an effective unless concurre in by at least two.thir s of all the Members of the -enate.9 &he participation of the legislative branch in the treaty.ma1ing process was eeme essential to provi e a chec1 on the executive in the fiel of foreign relations. :y re2uiring the concurrence of the legislature in the treaties entere into by the ,resi ent, the !onstitution ensures a healthy system of chec1s an balance necessary in the nation/s pursuit of political maturity an growth.