The Enhanced Defense Cooperation Agreement (EDCA), sometimes referred to as an executive agreement, has been a hotly debated topic in the Philippines since its inception in 2014. The agreement, which allows American troops to have access to certain Philippine military bases, has been the subject of legal challenges and protests from various groups.
So what exactly is an executive agreement? Are they the same as treaties, or do they have different legal implications?
In essence, executive agreements and treaties both refer to agreements between two or more nations. However, they differ in their legal requirements and status. Treaties are formal agreements that require Senate approval before they can take effect. Executive agreements, on the other hand, do not require Senate approval and can be made solely by the President.
EDCA is an example of an executive agreement. It was signed by the Philippine and American governments in 2014 without the approval of the Philippine Senate. Many critics of EDCA argue that it should have been treated as a treaty and subjected to Senate review.
Another key difference between executive agreements and treaties is the extent to which they can bind future administrations. Treaties are considered binding and can only be undone with the approval of the Senate or by mutual agreement between the parties. Executive agreements, on the other hand, can be undone by a subsequent President without the approval of Congress.
This is a critical point to consider when evaluating the merits of EDCA. Critics argue that the agreement could be used as a tool for the United States to exert undue influence over Philippine foreign policy and security decisions. They point to the fact that the agreement lacks clear limitations on the number of American troops that can be stationed in the Philippines, and that it does not provide for a clear timeline for their withdrawal.
Supporters of EDCA argue that it is necessary for maintaining regional security in the face of growing tensions in the South China Sea. They point to the fact that the agreement does not involve any transfer of sovereignty or give the United States any permanent military bases in the Philippines.
Regardless of one`s stance on EDCA, it is clear that executive agreements can have significant implications for the relationship between two countries. As the Philippines continues to navigate its complex relationships with both China and the United States, it will be important to carefully consider the legal implications of any agreements that are reached.