- Coupright Page
- Table of Cases
- Table of Legislation
- List of Contributors
- Asia’s Ambivalence about International Law
- Regional Organizations
- Asia in the History and Theory of International Law
- Regional Peace and Security
- Human Rights
- International Humanitarian Law and International Criminal Law
- International Environmental Law
- Law of the Sea and Asian States
- International Economic Law and Asia
- International Dispute Settlement
- South Korea
- The Philippines
- Viet Nam
- Sri Lanka
- Central Asian States
- South Pacific Island States
- New Zealand
Abstract and Keywords
This chapter assesses international law in the Philippines. The primary entry points of international law in Philippine jurisdiction are the Incorporation Clause and the Treaty Clause of the 1987 Charter. The chapter considers the paradoxical phenomenon of the supposedly dualist device of treaties opening a quasi-monist door to international legal obligations in the form of executive agreements that do not require the concurrence of the Senate but become binding on the Philippines by Executive imprimatur. Moreover, as quasi-monist devices, executive agreements function both as a sword, giving direct effect to international law—especially in the protection of rights—and as a shield, raising barriers to public or international accountability according to political considerations. The four other entry points for international law in Philippine practice include the direct effect by the Supreme Court’s rule-making powers, constitutionalization, statutory application, and international law in the State of Exception.
Romel Regalado Bagares is Professorial Lecturer at Lyceum Philippines University College of Law and General Counsel for KMBI, Philippines.
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