TREATY-

MAKING
Presented PROCESS
by: Zacarias, Veronica T., Group
5
Treaty-making process
1. Negotiation
2. Signing of the Treaty
3.Ratification
4. Exchange of Instrument of Treaty/
Entry into Force
 NEGOTIATION

-Representative of each State

must be armed with credentials
known as pleine pouvoirs or full
powers.
 NEGOTIATION
Automatic:

·Heads of States, Govts and Foreign

Ministries;
·Heads of diplomatic missions
·Accredited representative
 NEGOTIATION

AKBAYAN vs Aquino, G.R. No.

170516, July 16, 2008

• Doctrine of Executive Privilege

 SIGNING OF TREATY
-Principle of Alternat.

-Adoption- States that took part in the creation of the instrument certify
that they have reached a consensus to adopt the same.

-Authentication- it comes after the adoption. A process of certifying that

the final copy of the document which they are supposed to sign is the
same as that which they agreed upon.
 Signing of
-Art. 10 of the VCLT :
Treaty
“If no procedure has been established for
the authentication of the treaty, the
signature of the representative of the State
of the final version shall suffice. “
 SIGNING OF TREATY
(SIGNATURE)
Definitive Simple
1.Bilateral/ few • More than 6 members
members • Some or all States need
2. No need for to obtain parliamentary
parliamentary approval. approval
3. No need for new • Further action needed
implementing laws. before entry into force
 Signing of Treaty
Legal Obligations triggered by Simple Signature.

-Art. 18 of VCLT- “The signing State must nevertheless

refrain from acts which would defeat the object and purpose
of the instrument until it is ratified or the State clearly
expresses its intention to not become a party to the
instrument.”
 RATIFICATION
-an act by provision of a treaty is formally confirmed
and approved by a State, and by which the States
expresses its willingness to be bound by the treaty.
 RATIFICATION
-Pimentel vs Office of the Executive Secretary, G.R. No.
158088, July 6, 2005

• ·The power to ratify a treaty is vested in the President,

subject to concurrence of 2/3 of all the Members of the
Senate (Sec 21, Art VII of 1987 Phil. Consti.)
 RATIFICATION
Accession Reservation
-A non-signatory -A unilateral Statement, made by a
State becomes a party State in signing, ratifying, accepting,
to a treaty upon approving, acceeding to a treaty,
invitation and whereby it purports to exclude or
modify the legal effect of certain
permission of the
provisions of the treaty in their
contracting parties.
application to tha State.
Thus, may be bound
RATIFICATION.
(LIMITATION OF
The State making the reservation shall remain
RESERVATION)
party to a treaty provided that the reservation
is commpatible with the object and the
purpose of the treaty.
RATIFICATION.
RESERVATION IS VOID
Art. 19 of VCLT:
IF:
• expressly prohibited by the treaty.
• Beyond the scope of allowable reservations
provided in the treaty.
• Is incompatible with the object and purpose of
the treaty.
RATIFICATION.
BAD FAITH
INTERPRETATIONS.
Although States may enact laws and
make declarations as to how they
interpret a treaty, these interpretations
cannot go as far as to vary the legal
ENTRY INTO FORCE
Manner of entry into force:

• Specified date therein;

• After a certain number of
countries
expressed CTBB.
ENTRY INTO FORCE
DOMESTIC CONSIDERATIONS.

Art. 27 of VCLT:
as a general rule, a treaty entered into force cannot
be hampered by domestic laws since a State cannot
invoke domestic law to justify failing to perform a
treaty.
ENTRY INTO FORCE
DOMESTIC CONSIDERATIONS.

EXCEPTION:
Art. 46 of VCLT:
If the domestic law being invoked is a law of
fundamental importance and it appears that such law
would be manifestly violated.
ENTRY INTO FORCE
EXCHANGE OF INTRUMENTS OF
RATIFICATION.

• Consent is deemed established; or

• If the treaty so provides, with a named
depository, coupled with the notification to the
contracting States of such deposit.
ENTRY INTO FORCE
REGISTRATION WITH AND PUBLICATION
BY THE UNITED STATES.

• Every treaty and international agreement

entered into by any member of the UN
ASAP with the Secretariat and published by
it.
(Art 102 of Charter of the UN.)
ENTRY INTO FORCE
PHILIPPINE DOMESTIC CONCERNS.

• A treaty or executive agreement shall be

deemed to enter into force upon compliance
with the several domestic requirements. (EO
No. 459)
 DOMESTIC
REQUIREMENTS
Submission of DFA(EXECUTIVE
for Transimission by the DFA to
signing and preparation of the President for ratification.
•ratification AGREEMENTS)
papers.
Should include the highlights • With the endorsement of the
of the agreement and the concerned agency;
• Return of the signed copy to the
benefits that will accrue to the
DFA for appropriate action.
Philippines.
 DOMESTIC
REQUIREMENTS
(TREATIES)
• Compliance with the requirements for EA;
• Submission by the DFA of the signed intrument to the
Senate for concurrence;
• Return to the DFA of the same with the concurrence of the
senate for appropriate action.
Thank you for patiently
listening.