Political law bar questions 2008

1.May a treaty violate international law? If your answer is in the affirmative, explain when such may happen. If your answer is in the negative, explain why.

Yes. A treaty may violate international law when at the time of its conclusion, it conflicts with a peremptory norm of general international law (jus cogens). (Vienna Convention on the Law of Treaties, Arts. 52 & 53)

- III -
The President alone without the concurrence of the Senate abrogated a treaty. Assume that the other country-party to the treaty is agreeable to the abrogation provided it complies with the Philippine Constitution. If a case involving the validity of the treaty abrogation is brought to the Supreme Court, how should it be resolved? (6%)

It should be resolve by the Supreme court by observing the three different powers or functions of the three branches of the government .Our Consttitution specifically provides that in the realm of treaty-making, the President has the sole authority to negotiate with other states but it also provides the limitation to his power by requiring the concurrence of 2/3 of all the members of the Senate for the validity of the treaty entered into by him.