PROCLAMATION NO. 28, July 12, 1947
MAKING PUBLIC THE DECLARATION ON THE PART OF THE REPUBLIC OF THE PHILIPPINES RECOGNIZING AS COMPULSARY IPSO FACTO THE JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE IN ALL D…
WHEREAS, the Government of the Republic of the
Philippines, as a signatory to the Charter of the United Nations Organization,
has also subscribed to the statute of the International Court of Justice;
WHEREAS, article 36 of the Statute provides as
follows:
“1. The
jurisdiction of the Court comprises all cases which the parties refer to it and
all matters specially provided for in the Charter of the United Nations or in
treaties and conventions in force.
“2. The
states parties to the present Statute may at any time declare that they
recognize as compulsory ipso facto and without special agreement, in
relation to any other state accepting the same obligation, the jurisdiction of
the Court in all legal disputes concerning:
“a. the interpretation of a treaty;
“b. any question of international law;
“c. he existence of any fact which, if
established, would constitute a breach of an international obligation;
“d. The nature or extent of the
reparation to be made for the breach of an international obligation.
“3. The
declarations referred to above may be made unconditional or on condition
of reciprocity on the part of several or certain states, or for a certain time.
“4. Such
declaration shall be deposited with the Secretary-General of the United
Nations, who shall transmit copies thereof to the parties to the Statute and to
the Registrar of the Court.
“5. Declarations
made under Article 36 of the Statute of the Permanent Court of International
Justice and which are still in force shall be deemed, as between the parties to
the present Statute, to be acceptances of the compulsory jurisdiction of the
International Court of Justice for the period which they still have to run and
in accordance with their terms.
“6. In the event
of a dispute as to whether the Court has jurisdiction, the matter shall
be settled by the decision of the Court.”
WHEREAS, the President of the Philippines, having
seen and considered the aforesaid provision of the International Court of
Justice, proposed to make a declaration on behalf of the Republic of the
Philippines in accordance therewith;
WHEREAS, the Senate of the Republic of the
Philippines by its resolution No.33 of May 22, 1947, did concur in the above
proposal of the President of the Philippines;
WHEREAS, the President of the Philippines, having
secured the concurrence of the Senate of the Philippines in accordance with
constitutional procedure, made a declaration that the Republic of the
Philippines recognizes as compulsory ipso facto, and without special
agreement in relation to any other state accepting the same obligation, and on
condition of reciprocity, the jurisdiction of the International Court of
Justice in all disputes mentioned in paragraph 2, Article 36 of the Statute,
for a period of ten years from July fourth, nineteen hundred and forty-six, and
thereafter to continue until notification of abrogation is made by the
Philippine Government;
NOW, THEREFORE, be it known that I, Manuel Roxas,
President of the Philippines, do hereby proclaim and make public the
declaration of the President of the Philippines to the end that the same and
every clause thereof may be observed and fulfilled with good faith by the
Republic of the Philippines and the citizens thereof.
IN WITNESS WHEREOF, I have hereunto set my hand
and caused the seal of the Republic of the Philippines to be affixed.
Done at the City of Manila, this 12th
day of July, in the year of Our Lord, nineteen hundred and forty-seven, and of
the Independence of the Philippines, the second.
(Sgd.) MANUEL ROXAS
President of the Philippines
By the President:
(Sgd.) EMILIO ABELLO
Chief of the Executive Office
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