Flashcards Studio

A bilateral treaty between the Republic of the Philippines and State Z on Cross-Border Environmental Impact and Cooperation includes a self-executing clause: “The provisions of this treaty shall have the force of law in the Philippines and State Z and shall be directly enforceable in the domestic courts without the need for implementing legislation.” The treaty is signed by the President, ratified by the Senate, and published in the Official Gazette. Later, Congress enacts the Environmental Impact and Domestic Regulation Act, which imposes additional environmental standards for foreign projects and provides that domestic standards may be conditioned or limited in the public interest. (a) Is the treaty binding as part of Philippine law? (b) What is the difference between self-executing and non-self-executing treaties, and which rule governs this case? (c) In case of a conflict between the treaty and the domestic statute, which governs, and what is the effect on a foreign investor relying on the treaty?