Author Topic: Understanding EDCA (Enhanced Defense Cooperation Agreement)  (Read 692 times)

islander

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Understanding EDCA (Enhanced Defense Cooperation Agreement)
« on: January 18, 2016, 04:55:31 PM »

The comments of the various SC justices on EDCA has been released on the SC web site:

http://sc.judiciary.gov.ph/

The discussions of Justices Carpio and Leonen are fascinating, the former concurring on the basis of the pragmatics of dealing with China and the Mutual Defense Treaty (MDT), the latter dissenting on the basis of legal process requiring senate concurrence. Leonen holds that EDCA is a stand-alone treaty, not an agreement. Carpio holds that it is an agreement under the MDT. (The Society of Honor by Joe America, http://joeam.com/)

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islander

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Re: Understanding EDCA (Enhanced Defense Cooperation Agreement)
« Reply #1 on: January 18, 2016, 04:56:08 PM »

or go straight and pore over the SC promulgation of 12 January 2016 if you have the patience:

http://sc.judiciary.gov.ph/pdf/web/viewer.html?file=/jurisprudence/2016/january2016/212426.pdf

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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islander

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Re: Understanding EDCA (Enhanced Defense Cooperation Agreement)
« Reply #2 on: January 18, 2016, 05:00:21 PM »

Summary of the agreement (aka EDCA)

According to Ambassador Goldberg, the goal of the EDCA is to "promote peace and security in the region." While outlining new defense-cooperation measures, the agreement also allows for the United States to respond more quickly to environmental and humanitarian disasters in the region.

Designed to supplement the 1951 Mutual Defense Treaty and the 1999 Visiting Forces Agreement, the EDCA reaffirms mutual cooperation between the United States and the Philippines to develop their individual and collective capacities to resist armed attack by: improving interoperability of the two country's armed forces, promoting long-term modernization, helping maintain and develop maritime security, and expanding humanitarian assistance in response to natural disasters.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=81729.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Understanding EDCA (Enhanced Defense Cooperation Agreement)
« Reply #3 on: January 18, 2016, 05:00:45 PM »

The agreement allows for U.S. forces and contractors to operate out of "agreed locations," which are defined as: "facilities and areas that are provided by the Government of the Philippines through the Armed Forces of the Philippines (AFP) and that United States forces, United States contractors, and others as mutually agreed".

The Agreement hands over all operational controls of these "Agreed Locations" to the United States, and allows U.S. forces to preposition and store defense materiel, equipment, and supplies. The Agreement makes clear that this materiel cannot include nuclear weapons.

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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islander

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Re: Understanding EDCA (Enhanced Defense Cooperation Agreement)
« Reply #4 on: January 18, 2016, 05:01:03 PM »

The EDCA is effective for an initial period of ten years, and thereafter, it shall continue in force automatically unless terminated by either Party by giving one year's written notice through diplomatic channels of its intention to terminate the agreement (Article XII, Sec. 4 of EDCA). While the US forces may exercise operational control, put troops and equipment, construct facilities, and be accommodated in certain agreed locations, the Philippines shall still retain ownership of the agreed locations (Article V, Sec. 1 of EDCA). Importantly, the United States is not allowed to establish any permanent military bases, and must hand over any and all facilities in the "agreed locations" to the Philippine government upon the termination of the agreement.

The agreement also stipulates that the U.S. is not allowed to store or position any nuclear weapons on Philippine territory. (wikipedia)

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=81729.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

Book your travel tickets anywhere in the world, go to www.12go.co

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