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Q: If not in writin ! is it sti"" #onsi$ere$ a treat%? A& 2es. -ral agree#ents between States are recogni5ed as treaties under custo#ary international law (but are e?tre#ely rare nowadays). 4) DI+TIN/UI+0ED *ROM E5ECUTIVE A/REEMENT+ A. +"!#e t 6atter o% Treaties 7+ode1 PCI8
1. Political Issues 1. Changes in National /olicy @. Involve international arrange#ents of a per#anent character B. +"!#e t Matter o% E9e "ti&e A2ree6ents 7+ode& TAAI 8 1. 'ave Transitory effectivity 1. Ad!ust#ent of details carrying out well3established national policies and traditions @. Arrange#ents of te#porary nature B. I#ple#entation of treaties statutes well3established policies
SECRETAR !" #$ST%CE &. '!(. )A(T%!( A(* +AR, #%+E(E- (0.,. K 1@LBIF -ct. 1H 1;;; overturning the Court.s previous decision in @11 S+,$ 1I; dated #an. /0, 1222) Ay virtue of an e?tradition treaty between the US and the /hilippines the US re7uested for the e?tradition of Mar4 9i#ene5 for violations of US ta? and election laws. /ending evaluation of the e?tradition docu#ents by the /hilippine govern#ent 9i#ene5 re7uested for copies of the US= e?tradition re7uest. (he Secetary of 9ustice denied that re7uest. ISSU*& Euring the evaluation stage of the e?tradition proceedings is private respondent entitled to the two basic due process rights of notice and hearingM '*)E& /rivate respondent is bereft of the right to notice and hearing during the evaluation stage of the e?tradition process. *?tradition is a proceeding sui generis. It is not a cri#inal proceeding which will call into operation all the rights of an accused guaranteed by the Aill of ,ights. (he process of e?tradition does not involve the deter#ination of the guilt or innocence of an accused. 'is guilt or innocence will be ad!udged in the court of the state where he will be e?tradited. *issent 3original decision45 Under the e?tradition treaty the prospective e?traditee #ay be provisionally arrested pending the sub#ission of the re7uest. Aecause of this possible conse7uence the evaluation process is a4in to an ad#inistrative agency conducting an investigative proceeding and parta4es of the nature of a cri#inal investigation. (hus the basic due process rights of notice and hearing are indispensable. $ssu#ing that the e?tradition treaty does not allow for such rights the +onstitutional right to procedural due process #ust override treaty obligations. When there is a conflict between international law obligations and the +onstitution the +onstitution #ust prevail. UNITED NATION+ OR/AN+ 3. /ENERAL A++EMBLY Composition5 $ll #e#bers of the UN (as of 1LLI& 1:F #e#ber States) "unction: (he 0$ #ay discuss any 7uestion or #atter within the scope of the +harter or relating to the powers and functions of any other organ. It is also vested with !urisdiction over #atters concerning internal #achinery ands operations of the UN. 4. +ECURITY COUNCIL Composition5 1F #e#bers& a) F /er#anent Me#bers (+hina .rance UN US ,ussia) b) 1; non3per#anent& elected for 1 year ter#s by the 0eneral $sse#bly. "unction: the #aintenance of international peace and security. Q: What is the 0$o),"e *eto0? $& In all non6procedural matters each per#anent #e#ber is given a =veto= 3 a Security +ouncil decision is ineffective if even one per#anent #e#ber votes against it. (he veto does not ordinarily apply to 7rocedural matters. 'owever a per#anent #e#ber #ay e?ercise a =double veto= when it vetoes any atte#pt to treat a 7uestion as procedural and then proceed to veto any draft resolution dealing with that 7uestion.