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Philippine Bar review · Question

Practice question: Treaties and International Agreements

Multiple Choice Hard

Practice question

A proposed treaty subject to ratification has completed negotiation and signature. An advocate says those two steps make the President’s remaining scrutiny pointless, because ratification can never involve a decision against joining. No independent duty to ratify is shown. Which conclusion best follows Pimentel?
  1. Ratification must always occur whenever diplomats agree.
  2. Ratification permits further examination and a decision not to be bound if the instrument is inimical to national interests.
  3. The Senate must negotiate the text anew in every case.
  4. A signed treaty automatically appoints the foreign negotiator to the Cabinet.
  5. A private advocate may personally ratify for the State.

Legal references

  • Pimentel, Jr. v. Office of the Executive Secretary, G.R. No. 158088, July 6, 2005, main decision: https://lawphil.net/judjuris/juri2005/jul2005/gr_158088_2005.html

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