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KURODA CASE 

PROBLEM:

1. What is the main argument of kuroda?


2. How did the court resolve this?
3. Accountability

In sec 3 provision of consti – supremacy

WHAT if part of GPIL  consti has higher legal supermacy

Aug 16, 2018

Review:

- Customary norms may be codified into treaties into such a extent that such customary norms
o Still of the same substance and effect of a customary nor
o Ms

Vienna convention on alw of treaties bet states

VCOLT between international orgs and states

- term treaty in art 2


- concept of reservation

August 23, 2018

2/3 of senate to ratify

- not limited to bilateral

you should recognize that the legislative intent of the treaty of general multilateral character unpon
snate concurrence could NOT be true

- this is the sense of section 21


- it is the intent that even wd respect wd multilateral treaties they are law by senate concurrence
- this is the sense of section 21 upon reading
- HOWEVER. ??
- On the basis of sec 21 the effect is for multilateral treaty is to take effect as law but u have to
wait for ratification
- Senate ratification never wanted ???
- Section 21 is not true wd respect to >>>>> a number of concurrence
o Yung may requirement na dapat may x number of ratifications before its enactment

26, 27 (pacta sunt servanda)


Case of durte and rome satute

Main obligation etc

What is violated

Internal aw is not an excuse