Peaceful Settlement of International Disputes Source: Coquia-Santiago, Public International Law.

1. Doctrine of “Forum
Prorogatum”
Consent to submit to the international
court’s jurisdiction is given even after
proceedings as in an implied way.

2. Philippine Reservation
Compulsory jurisdiction of the ICJ ipso
facto except:
 Parties agree to recourse to other
method of peaceful settlement;
 Domestic jurisdiction;
 Other party: ICJ jurisdiction is limited
or does not satisfy a “time element” of
ratification

3. Philippine Reservation
 Multilateral treaty:
(1) Parties to the treaty are all
parties to the case;
(2) PHL specially agrees to
jurisdiction.
 Jurisdiction or rights claimed or
exercised by the PHL: (a) natural
resources; (b) territory

4. ICJ Jurisdiction in Virtue of State’s
adherence to the Statute (Five
Cases)
 Provisional measures
 Power to construe its judgment
 Dispute over its jurisdiction
 Power to allow a State to intervene
 Power to file a unilateral application

5. Justiciable Cases
Legal disputes concerning:
 Interpretation of a treaty
 Any question of international law
 The existence of fact
 Reparation

6. CONCEPT
Ex Aequo et bono
 “From equity and conscience”
 Article 38(2) of the Statute of
the International Court of Justice (ICJ)
provides that the court may decide
cases ex aequo et bono, but only
where the parties agree thereto.

7. Procedure in Court
 Consist of two parts: (1) oral and (2)
written.
 Application of the state, through a
memorial and a counter-memorial by
the respondent.
◦ MEMORIAL: Sets out the case and the
submissions.
◦ COUNTER-MEMORIALS: Admits or
denies the statement of facts and law in
memorials.

8. Points of Information
 Technical procedural points not given
much importance by the Court, unlike
in municipal courts.

9. Procedures in Couts
 Before trial on the merits, a
preliminary hearing is conducted
 By the president of the court
 To simplify:
◦ Procedural matters
◦ Process proofs
◦ Produce stipulation of facts

10. Procedures in Courts
 Preliminary objects are entertained:
◦ Jurisdiction of the Court
◦ Condition precedent
◦ Interpretation of treaties
◦ Local remedies exhausted

11. Interim Measures
 The Court may order any provisional
measure such as:
◦ Mandatory or Prohibitory injunction

12. Procedures in Court
 Oral proceedings: Court hears
witnesses, experts, agents, counsels
and advocates.
 Hearing is PUBLIC, unless the Court
deems otherwise or parties demand
public not to be admitted
 Questions decided by majority of
judges present. In case of a tie, the
President or his alternate will break it.

13. Procedures in Court
 The judgment in final, but the Court
may interpret it.
 Revision not entertained, unless
based:
◦ Discovery of some facts that are decisive
factors
◦ Unknown to the Court and to the party
claiming revision
◦ Ignorance not due to negligence

14. Procedures in Court
 Judgment binding only to the parties
 Principle of res judicata applies
◦ "The Court, whose function is to decide in
accordance with international law such
disputes as are submitted to it, shall
apply: ... c. the general principles of law
recognized by civilized nations".

15. Enforcement of Judgements
 Lack of centralized force presents
difficulty in enforcement of decisions
Example: Corfu Channel case
 Compliance relies on good faith.
Recourse of the winning party:
◦ Self-help
◦ Cooperation with third state
◦ Municipal courts
◦ International institutions

16. SELF-HELP
 Use of force is prohibited (Art. 2 of the
UN Charter)
 “Coercive sanctions” traditionally
sanctioned as “self-help” by the
winning party.
 Diplomatic/Economic measures may
also be availed

17. Actions of International
Institutions
 Art 94 (2) of the United Nations
Charter
◦ Collective action to secure enforcement of
judgment
 Complaint for non compliance may be
filed with the GENERAL ASSEMBLY
◦ Ground: It affects the maintenance of
international peace
◦ Security Council decision obligatory to
the judgment debtor

18. Advisory Opinion
 Advisory opinion at the request of the
General Assembly, etc.
 State may avail of advisory opinion
to redress grievances against a UN
organ/specialized agencies
 No binding character, only advisory
 Res judicata does not apply
 Political ramifications

19. Role in the International
Community
 Originally envisioned as a true
international court for settling legal
disputes among States.

20. Amendment to Statute
 Coquia-Santiago recommends
removal or ammendment of optional
and reservation clauses.

21. Regional Agencies or
Arrangements
 AMERICA
◦ Treaty to Avoid or Prevent Conflicts
between American States
◦ General Treaty of Inter-American
Arbitration
 EUROPE:
◦ Treaty of Economic, Social, and Cultural
Collaboration and Collective Self-Defense
◦ European Convention for Peaceful
Settlement of Disputes (Council of
Europe)

22. Regional Agencies or
Arrangements
 ASIA
◦ Association of South East Asian Nations
(ASEAN)

23. International Tribunal of the Law
of the Sea
 RATIONALE:
◦ Special competence is needed
◦ Administrative, rather than strictly legal
approach
 A permanent tribunal able to function
more expeditiously where time
element is of the essence (Third UN
conference on the Law of the Sea)
 More accessible to states, corporate
entities and individuals

24. International Tribunal of the Law
of the Sea
 COMPOSITION:
◦ 21 independent members
◦ Elected
◦ Highest reputation of integrity and fairness
◦ Recognized Competence
◦ No two national at the same state
◦ Equitable geographical representation
◦ Principal legal systems

25. International Tribunal of the Law
of the Sea
 JURISDICTION:
◦ All disputes and applications in
accordance with the Convention or any
other agreement conferring jurisdiction to
the Tribunal.
 Compulsory Jurisdiction