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61 Ateneo L.J. 1 (2016-2017)

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Testing Constitutional Waters VI:

    Developments in Treaty-Making and the

    Enhanced Defense Cooperation Agreement
    Sedfrey M. Candelaria*
    Elaine S. Mendoza**




*   '90 LL.M.,  University of British Columbia; '84 LL.B., Ateneo de  Manila
University School of Law. The  Author is currently the Dean of the Ateneo de
Manila University School of Law and  is a professorial lecturer on Constitutional
Law, Public International Law, Political Law Review, International Economic Law,
Children's Rights Law, and Indigenous Peoples' Rights Law for the same university.
He  is a former  member   of the GRP   (Government   of the Republic  of the
Philippines) Negotiating Panel for talks with the CPP/NPA/NDF (Communist
Party of the Philippines/New People's Army/National Democratic Front), former
Chief Legal Consultant to the GRP   Negotiating Panel for talks with the Moro
Islamic Liberation Front, Head of the Research, Publication, and Linkages Office
and the Department of Special Areas Concern of the Philippine Judicial Academy of
the Supreme Court of the Philippines, Head of the Indigenous Peoples' Desk of the
Ateneo  Human   Rights Center, and  President of the Court Appointed  Special
Advocates for Children/Guardian Ad Litem Foundation of the Philippines, Inc. The
Author's previous works published in the Journal include Testing Constitutional Waters
V:  The Proposed Bangsamoro Basic Law and the Primacy of the Sovereign Power of the
State, 59 Ateneo L.J. 1027 (2015); Testing Constitutional Waters IV: Power of the Purse
in Light of the Araullo and Belgica Rulings, 59 ATENEo L.J. 317 (2014); Postscript to the
Supreme Court MOA-ADJudgment:   No  Other Way but to Move Forward, 54 ATENEO
L.J. 269 (2009); Introducing the Indigenous Peoples' Rights Act, 47 ATENEo L.J. 571
(2002); The Rights of Indigenous Communities in International Law, 46 ATENEo L.J. 273
(2001); The Legal Characterization of the Asia-Pacific Economic Conference (APEC) and
the Individual Action Plans in International Law, 44 ATENEo L.J. 405 (2000); & The
IMF  and the Philippines: Anatomy of a Third World Debt, 36 ATENEo L.J. 18 (1992).
He  is also the co-author of Walking the Line: The Philippine Approach to Church-State
Conflict, 58 ATENEO  L.J. 842 (2014); Testing Constitutional Waters III: Areas for
Constitutional Reform in the System of Checks and Balances - Making Sense of P-Noy's
Tuwid  na Landas, 57 ATENEo   L.J. I (2012); A Review of Legal Education in the
Philippines, 55 ATENEo L.J. 567 (201o); Testing Constitutional Waters II: Political and
Social Legitimacy ofJudicial Decisions, 55 ATENEo L.J. I (200); Consultation and the
Courts: Reconfiguring the Philippine Peace Process, 54 ATENEo L.J. 59 (2009); An
Overview of the International Legal Concept of Peace Agreements as Applied to Current
Philippine Peace Processes, 53 ATENEo L.J. 263 (2008); The juvenile justice and We!faie
Act of 2oo6: Changing Patterns and Responses for juvenile Offending, 52 ATENEo L.J. 293
(2007); Legal Concept of Terrorism Under International Law and Its Application to
Philippine Municipal Law, 51 ATENEo L.J. 823 (2007); Testing Constitutional Waters:
Balancing State Power, Economic Development, and Respect for Human Rights, 51i
ATENEO.  L.J. i (2oo6); Courts and Social Context Theory; Philippine Judicial Reform as


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