2010 Political Law, Q27

What is the concept of association under international law? (2%)

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What is the concept of association under public international law?

According to Province of North Cotabato v. GRP, what legal status does an associate state occupy?

Which sovereign function is commonly delegated by an associate state to a principal state in an associative arrangement?

Does the 1987 Philippine Constitution recognize the concept of an associated state within the Republic?

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What essential right is retained by an associate state in an international associative relationship?

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1. Concept of Association
Under international law, an association is a voluntary arrangement formed when two states of unequal power establish durable legal and political links. In Province of North Cotabato v. GRP, the Supreme Court explained that association represents a middle ground between full integration and complete independence. The associate state retains its separate legal statehood and international personality while delegating specific government functions, such as defense and foreign affairs, to a principal state through a treaty or constitutional arrangement.

2. Constitutional Limitation
While international law recognizes associative arrangements between sovereign entities, the 1987 Philippine Constitution does not recognize the concept of an associated state within the framework of the Philippine Republic. The Constitution adheres strictly to a unitary state structure and territorial integrity under Article I. Consequently, creating an autonomous or associated entity with an independent international status or delegating core sovereign attributes to another entity outside the constitutional scheme is legally impermissible under Philippine jurisprudence.

3. Delegated Sovereign Powers
In an associative state relationship, the delegation of powers by the associate state to the principal state is voluntary and contractual. The associate state entrusts external functions, such as defense, monetary policy, or diplomatic representation, to the principal state while retaining domestic self-governance and state identity. Crucially, the associate state retains the inherent right to terminate or alter the associative status in accordance with the governing legal framework, thereby maintaining its ultimate sovereignty and constitutional status in international relations.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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