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treaties

- is for the purposeof regulating theirmutual relations

under the law of nations

- is entered into bystates or entitiespossessing thetreaty- making

capacity

- a formalagreement usually

in writing

- is binding on theparties when it

intends to createlegal more than

the moralobligations.

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EXECUTIVE AGREEMENTS

treaties

- is for the purpose

of regulating theirmutual relationsunder the law of

nations

- is entered into bystates or entitiespossessing thetreaty- making

capacity

- a formalagreement usually

in writing

- is binding on theparties when it

intends to createlegal more than

the moralobligations.

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ESSENTIAL REQUISITES OF A VALID TREATY

treaty-making capacity

authorizedrepresentatives

freedom of consent

lawfulsubject-matter

compliance withconstitutionalprocess

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´ Treaty- making capacityDependent on the status or self imposed inhibitions of a state or entity with

international personality thus possessing recognition.´ Authorized representatives

Determined by Municipal Law.´ F reedom of consent

Concerns fraud, force or mistake which will render the treaty void ab initio.´ Lawful subject- matterThe treaty should embrace a subject which is in accord with the law of nations,

international laws, international conventions and public morality.´ Compliance with Constitutional ProcessesNon- compliance with this requisite will prevent enforcement of the treaty even

if already signed by the authorized negotiators.

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TREATY- MAKING PROCESS

Negotiation RatificationExchange of theinstruments of

ratificationTREATY

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´ NegotiationMay be undertaken by the head of state or

authorized representatives.Submission of the draft of the proposed treaty.Authentication through signature for the purpose

of symbolizing the good faith of the parties.

´ RatificationIs the formal act by which a state confirms and

accepts the provisions of a treaty.

Enables the contracting states to examine thetreaty more closely.

´ Exchange of the instruments of ratificationSignifies the effectivity of the treaty.

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