Executive Agreement Entered Into By A Philippine President

The Supreme Court of the United States, in united states v. Pink (1942), considered that international executive agreements that have been concluded in force have the same legal status as treaties and do not require the approval of the Senate. In Reid v. Covert (1957), while reaffirming the President`s ability to enter into executive agreements, he decided that such agreements could not be contrary to federal law or the Constitution in force. • by analogy: senior officials appointed by the President require confirmation from Congress, and yet the President may subsequently terminate this appointment without congressional authorization; For the rest, Judge Carpio is right to warn that if the president continues to talk about an oral agreement by which he would have granted Chinese fishing rights in our EEZ, we will be bound to it in the most disadvantageous way by the doctrine of a binding unilateral declaration. Executive agreements are often used to circumvent the requirements of national constitutions for treaty ratification. Many nations, which are republics with written constitutions, have constitutional requirements for ratifying treaties. . . .

Author: Franck Pertegas

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