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