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All Jurisprudence based

0 tracked cards Political and Public International Law

An international environmental treaty to protect marine ecosystems, ratified by the Philippines, is non-self-executing under Philippine law. A domestic fishing quota law enacted by Congress remains in force and appears to conflict with the treaty. A fisher challenges the domestic law on the ground that it violates the treaty. In these circumstances, which statement best describes how the treaty operates within Philippine domestic law and the scope of international law for private actors?

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A treaty ratified by the Philippines overrides conflicting domestic statutes regardless of self-execution status, as soon as ratified. If there is a conflict between a treaty and a domestic statute, the treaty controls even if non-self-executing because it represents international law. Since the treaty is non-self-executing, it has no direct domestic effect; the fishing quota remains governed by domestic law unless implementing legislation is enacted to align with the treaty. Customary international law forms part of Philippine law and can bind both the state and private actors even if the treaty is non-self-executing, provided it does not conflict with the Constitution or statutes.

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