Title
Philippines Recognizes ICJ Jurisdiction
Law
Proclamation No. 28
Decision Date
Jul 12, 1947
Manuel Roxas, President of the Philippines, officially declares the country's recognition of the compulsory jurisdiction of the International Court of Justice for a decade, ensuring adherence to international law and treaty obligations.
A

Basis in International Law and Philippine Procedure

  • The Republic of the Philippines is a signatory to the United Nations Charter and the ICJ Statute.
  • Article 36 of the ICJ Statute outlines the Court’s jurisdiction and provisions regarding compulsory acceptance of this jurisdiction by States Parties.
  • The Philippine President proposed the declaration after consulting the ICJ Statute and the United Nations Charter.
  • The Senate of the Philippines concurred with the President's proposal by Resolution No. 33 dated May 22, 1947, aligning with constitutional requirements.

Declaration Content and Reciprocal Obligations

  • The Philippines recognizes ICJ jurisdiction as compulsory ipso facto, without special agreements, in relation to those states accepting the same obligation.
  • This recognition is conditional on reciprocity, meaning the obligation depends on mutual acceptance by other states.
  • The declaration affects all legal disputes specified under paragraph 2, Article 36 of the Statute.

Duration and Continuity of the Jurisdictional Recognition

  • The declaration is effective for ten years starting July 4, 1946.
  • After the initial period, the recognition continues unless the Philippines notifies its abrogation officially.

Procedural Formalities and Notifications

  • Declarations under Article 36 must be deposited with the United Nations Secretary-General, who transmits copies to the parties of the Statute and the ICJ Registrar.
  • Previous declarations to the Permanent Court of International Justice remain valid between parties under the ICJ Statute as per their terms and duration.

Jurisdictional Disputes and Resolution

  • Any dispute concerning the jurisdiction of the ICJ is to be resolved by the Court itself through its decision.

Presidential Proclamation and Public Notification

  • The declaration was formally proclaimed and made public by President Manuel Roxas on July 12, 1947.
  • This proclamation serves to bind the Republic of the Philippines and its citizens to observe and fulfill the declaration with good faith.
  • The proclamation was duly signed and sealed as part of its formal codification and public posting.

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.