Legal basis: UN Charter and ICJ Statute
- The proclamation is grounded on the Republic of the Philippines’ status as a signatory to the Charter of the United Nations Organization and its subscription to the Statute of the International Court of Justice.
- The proclamation rests on Article 36 of the Statute of the International Court of Justice, which authorizes declarations recognizing the Court’s jurisdiction as compulsory ipso facto without special agreement.
- Under Article 36, the Court’s jurisdiction covers disputes between states that accept the same obligation.
- Under Article 36, any dispute on whether the Court has jurisdiction is settled by the decision of the Court.
Scope of compulsory jurisdiction recognized
- The Republic of the Philippines recognizes compulsory ipso facto jurisdiction of the International Court of Justice in all disputes mentioned in paragraph 2, Article 36 of the ICJ Statute.
- The recognition is made without special agreement in relation to any other state that accepts the same obligation.
- The recognition is made on condition of reciprocity on the part of the accepting states.
Categories of disputes covered
- The compulsory jurisdiction covers disputes concerning the interpretation of a treaty (Article 36(2)(a)).
- The compulsory jurisdiction covers disputes concerning any question of international law (Article 36(2)(b)).
- The compulsory jurisdiction covers disputes concerning the existence of any fact which, if established, would constitute a breach of an international obligation (Article 36(2)(c)).
- The compulsory jurisdiction covers disputes concerning the nature or extent of the reparation to be made for the breach of an international obligation (Article 36(2)(d)).
Duration, renewal, and termination
- The declaration recognizes the Court’s compulsory jurisdiction for a period of ten years from July fourth, nineteen hundred and forty-six.
- After the initial ten-year period, the declaration continues until notification of abrogation is made by the Philippine Government.
- The proclamation publicizes that the United Nations Secretary-General is the depository for declarations under Article 36, who transmits copies to parties and the Registrar of the Court.
Declaration purpose and good faith compliance
- The proclamation is issued “to the end” that the declaration and every clause thereof may be observed and fulfilled with good faith by the Republic of the Philippines and its citizens.
- The proclamation is made public so that the declaration is enforceable in practice through the internationally recognized Article 36 mechanism.
Signature, attestation, and proclamation formality
- The proclamation is signed by MANUEL ROXAS, President of the Philippines.
- The proclamation is attested “By the President” through EMILIO ABELLO, Chief of the Executive Office.
- The proclamation affixes the seal of the Republic of the Philippines as part of its formal effectuation.