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A. Concepts

1. CONCEPTS

Contracting State – means a State which has consented to be bound by the treaty, whether or not the treaty has entered into force. (Paragraph 1[f], Article 2, Vienna Convention  on the Law of Treaties)

Doctrine of incorporation – is expressed in Section 2, Article II of the Constitution, wherein the Philippines adopts the generally accepted principles of international law and international jurisprudence as part of the law of the land and adheres to the policy of peace, cooperation, and amity with all nations. (Bayan Muna v. Romulo, En Banc, G.R. No. 159618, 01 February 2011)

Erga omnes (latin for “in relation to everyone) – has been used as a legal term describing obligations owed by States towards the community of states as a whole. (Vinuya v. Romulo, En Banc, G.R. No. 162230, 28 April 2010)

Hard law – refers to binding rules of international law. (Pharmaceutical and Health Care Association of the Philippines v. Duque III, En Banc, G.R. No. 173034, 09 October 2007)

International organization – means an intergovernmental organization. (Paragraph 1[i], Article 2, Vienna Convention  on the Law of Treaties)

Jus cogens (literally, “compelling law”) – refers to norms that command peremptory authority, superseding conflicting treaties and custom. Jus cogens norms are considered peremptory in the sense that they are mandatory, do not admit derogation, and can be modified only by general international norms of equivalent authority. (Vinuya v. Romulo, supra.)

Negotiating State – means a State which took part in the drawing up and adoption of the text of the treaty. (Paragraph 1[e], Article 2, Vienna Convention  on the Law of Treaties)

Opinio juris – refers to the belief that a certain form of behavior is obligatory, is what makes practice an international rule. Without it, practice is not law. (Bayan Muna v. Romulo, En Banc, G.R. No. 159618, 01 February 2011)

Pacta sunt servada – ref ers to a fundamental maxim of international law that requires the parties to keep their agreement in good faith. (Land Bank of the Philippines v. Atlanta Industries, Inc., G.R. No. 193796, 02 July 2014)

Ratification, acceptance, approval, and accession – mean in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty. (Paragraph 1[b], Article 2, Vienna Convention  on the Law of Treaties)

Rebus sic stantibus – refers to a international law theory whereby the parties stipulate in light of certain prevailing conditions, and the theory can be made to apply when these conditions cease to exist. It is embodied under Article 1267 of the Civil Code. (Poon v. Prime Savings Bank, G.R. No. 183794, 13 June 2016)

Reservation – means a unilateral statement, however phrased or named, made by a State, when signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State. (Paragraph 1[d], Article 2, Vienna Convention  on the Law of Treaties)

Soft law – refers to non-binding norms, principles and practices that influence state behavior. (Pharmaceutical and Health Care Association of the Philippines v. Duque III, supra.)

Treaty – means an international agreement concluded between States in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation. (Paragraph 1[a], Article 2, Vienna Convention  on the Law of Treaties)

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