Enhanced Defense Cooperation Agreement: The conflict between treaties vs. executive agreements and the provisions of its dispute of settlements

• Main Authors: Herrera, Mary Christelle L., Yu, Jan Michael T.
• Format: text
• Language: English
• Published: Animo Repository 2014
• Subjects: Conflict of laws > Jurisdiction > Philippines; Military assistance, American > Philippines; Treaties; Philippines—Foreign relations—Executive agreements; Military, War, and Peace; National Security Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5656
• Institution: De La Salle University

This research paper aims to investigate and identify the constitutionality and validity of the Enhanced Defense Cooperation Agreement (EDCA). The first part of this research paper shall address the constitutionality of the EDCA whether or not it is in consonance with certain provisions of the Philippine Constitution, namely, article VII, section 21 and article XVIII, section 25. The researchers shall discuss thoroughly the difference between a treaty and an executive agreement and to which EDCA shall be recognized as.The second part of this research paper discusses Articles II of the EDCA whether or not the judicial power of the Supreme Court of the Philippines and other lower courts can still be exercised over any civil, criminal or administrative cases committed by U.S. military personnel within Philippine territory arising from this agreement.This research paper hopes to offer a clear distinction between a treaty and an executive agreement. The conclusion of this paper shall aid future researchers in differentiating the former from the latter. To be able to determine a legal ground in terms of jurisdiction in case of dispute, to avoid misunderstandings and to help recognize whether it should be considered as a treaty or an executive agreement, if and when the Philippines will enter into an international agreement with other states in the future.