Julius A. Yano, JD, LL.M
About the Author
Julius A. Yano holds a Bachelor of Arts degree Major in Political Science, minor in Hispanic Studies from the Ateneo de Manila University. He obtained his first law degree from the University of the Philippines and his Master of Laws degree in International Maritime Law with distinction from the IMO-International Maritime Law Institute (IMLI) in Malta. Subsequently, he attended the Summer Academy at the International Tribunal for the Law of the Sea in Hamburg. For the academic year 2017-2018 he was the Nippon Foundation Lecturer on International Maritime Security Law at the IMO-IMLI. He is a reserve officer in the Armed Forces of the Philippines and spent years with the Intelligence Service Armed Forces of the Philippines (ISAFP) for his annual active duty training. He is likewise a member of the Philippine Coast Guard Auxiliary.
For the past 70 years challenges have been encountered to understand the provisions of the 1951 Philippines-US Mutual Defense Treaty (MDT). Thus through the years, there have been apprehensions over the relevance and utility of the MDT. As has been observed, discourse on the subject matter fails to take into account the pertinent legal framework for the interpretation of the MDT. Indeed, the MDT provides for a collective defense mechanism between the Philippines and the US. Hence, an understanding of international law on the use of force is essential to interpreting the MDT so that it can more effectively address the parties’ security interests.
Introduction
The Mutual Defense Treaty (MDT) was entered into in 1951 by the Republic of the Philippines and the United States of America (US). It has produced accessory agreements that, among others, support the presence of American troops in the Philippines and allow for joint military exercises within Philippine territory. Likewise, the modernisation of the defence capability of the Armed Forces of the Philippines is encouraged by said treaty.
The essence of the MDT has yet to be fully appreciated though. For 70 years there have been questions over whether the US will indeed defend the Philippines and under what circumstances and what defence measures are to be taken under the treaty. As can be observed, the legal framework of the MDT is not aptly understood. A sufficient understanding of said framework assists to address questions such as what triggers the MDT, how it will be triggered and what the US response will be.
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