Declarations Recognizing the Jurisdiction of the Court as Compulsory
The States parties to the Statute of the Court 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" (Art 36, para. 2 of the Statute).
Each State which has recognized the compulsory jurisdiction of the Court has in principle the right to bring any one or more other State which has accepted the same obligation before the Court by filing an application instituting proceedings with the Court, and, conversely, it has undertaken to appear before the Court should proceedings be instituted against it by one or more such other States.
The Declarations Recognizing as Compulsory the Jurisdiction of the Court take the form of a unilateral act of the State concerned and are deposited with the Secretary-General of the United Nations.
The texts of declarations under Article 36, paragraph 2, of the Statute, which, based on the information provided by the depository, had not expired by effluxion of time, or whose withdrawal or replacement had not been notified by 26 May 2016 will be found below. The fact that a declaration is or is not included in this section, is without prejudice to its possible application by the Court in a particular case.
In view of the provisions of Article 36, paragraph 5, of the Statute of the International Court of Justice, the present section also contains the texts of declarations made under the Statute of the Permanent Court of International Justice which have not lapsed or been withdrawn. There are now six such declarations.
The declarations, deposited by a total of 72 States, are given here in English. Where this is not the original language of the declaration, the translations used, except where otherwise indicated, are by the Secretariat of the United Nations or of the League of Nations.
The following declaration have been filed with the Secretary-General of the United Nations (the date shown after the name of the State is that on which the declaration was deposited) :
18 January 1972
I, Carlos P. Romulo, Secretary of Foreign Affairs of the Republic of the Philippines, hereby declare, under Article 36, paragraph 2, of the Statute of the International Court of Justice, 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, the jurisdiction of the International Court of Justice in all legal disputes arising hereafter concerning:
(a) the interpretation of a treaty;
(b) any question of international law;
(c) the 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;
Provided, that this declaration shall not apply to any dispute
(a) in regard to which the parties thereto have agreed or shall agree to have recourse to some other method of peaceful settlement; or
(b) which the Republic of the Philippines considers to be essentially within its domestic jurisdiction; or
(c) in respect of which the other party has accepted the compulsory jurisdiction of the International Court of Justice only in relation to or for the purposes of such dispute; or where the acceptance of the compulsory jurisdiction was deposited or ratified less than 12 months prior to the filing of the application bringing the dispute before the Court; or
(d) arising under a multilateral treaty, unless (1) all parties to the treaty are also parties to the case before the Court, or (2) the Republic of the Philippines specially agrees to jurisdiction; or
(e) arising out of or concerning jurisdiction or rights claimed or exercised by the Philippines -
(i) in respect of the natural resources, including living organisms belonging to sedentary species, of the sea-bed and subsoil of the continental shelf of the Philippines, or its analogue in an archipelago, as described in Proclamation No. 370 dated 20 March 1968 of the President of the Republic of the Philippines; or
(ii) in respect of the territory of the Republic of the Philippines, including its territorial seas and inland waters; and
Provided, further, that this declaration shall remain in force until notice is given to the Secretary-General of the United Nations of its termination.
Done at Manila this 23rd day of December 1971.
(Signed) Carlos P. ROMULO,
Secretary of Foreign Affairs.
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