Before a State may in Article exception demonstrate each rely upon 46, it of the the must was was violated, that the fundamental, and of meet the any criteria necessary criteria: that a provision of its internal law circumstances of to trigger that it was No fundamental obvious provision internal was law circumstances ratification of Protocol, and the of the Philippine in law of violated the the by Second domestic the Optional the law permits nature of of treaty the the actions Second of Optional Philippine Second Optional Protocol to be conducted by executive made action. to fail in international While the requires Second of Philippines the law. The in the any argument that effect would exception Protocol. Indeed, the better view is that and violated of necessary internal was ratification fundamental the not provision Philippines manifestly three do Article 46. “manifest.” No ratification Optional Protocol was the Constitution treaties to be Senate, generally concurred an by international signed by the Philippines’ Secretary of agreement, which is in the nature of an Foreign Affairs executive Affairs) on (Minister of agreement, of government. As a matter of international law, the Minister for Philippines of presidential Affairs binding the is entirely Philippine capable becomes valid and binding through because international community of states was, become and act action without the need The the Senate or Congress. of is, justified ratification in as and treating the effective. 23 in the executive or ratification. the State, does not require Senate concurrence. Such behalf Foreign the Foreign This executive binding s agreements through executive of a vote by

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