Manila declaration description
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The Manila Declaration on the Peaceful Settlement of International Disputes (hereinafter Manila Declaration or Declaration) was approved by resolution 37/10 (under the item Peaceful settlement of disputes between States)1 by the United Nations General Assembly on 15 November 1982, on the basis of a text prepared by the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization at its 1980 session, held in Manila, the Philippines. The Declaration is the first important instrument of the work of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization, and one of its significant achievements.2
The Manila Declaration was elaborated on the initiative of non-aligned countries (Egypt, Indonesia, Mexico, Nigeria, Philippines, Romania, Sierra Leone, and Tunisia).3
United Nations, New York: Mr. Romulo (Philippines)This initiative of non-aligned countries might explain why the initial draft contained so many references to “equal rights and self-determination of peoples”, the “need for all States to desist from any forcible action which deprives peoples, particularly under colonial and racist regimes or other forms of alien domination, of their inalienable right to self-determination, freedom and independence” and the “right of these peoples to struggle to that end and to seek and receive support”. Such references, more strongly worded in the beginning, were softened in the process of negotiation that led to the adoption of the Declaration by the General Assembly by consensus. It is important to keep in mind that the context in which the Manila Declaration was negotiated and adopted was that of the difficult relations between the East and West, and of the intent of the non-aligned countries to seek clarification of existing international law in conjunction with their aspirations.
Nevertheless, one should not underestimate the fact that the approval of the Declaration by consensus brought together States that had already consented to the contents of Article 33 of the Charter of the United Nations and States which subsequently became Members of the United Nations. Hence, the Declaration was adopted with the active contribution of United Nations Members belonging to the various groups existing at that period.
For the first time, a normative text develops a comprehensive plan and a consolidation of the legal framework of peaceful settlement of international disputes. The Declaration builds upon and promotes general international law, the Charter of the United Nations, in particular Article 33, and other international instruments such as the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations (General Assembly resolution 2625 (XXV), 24 October 1970), the American Treaty on Pacific Settlement (Pact of Bogotà, 30 April 1948), the European Convention on the Peaceful Settlement of Disputes (Strasbourg, 29 April 1957), the 1928 General Act for the Pacific Settlement of International Disputes (Geneva, 26 September 1928, revised by the United Nations General Assembly in 1949).
The Declaration contains a preamble and two operative parts. Part I encompasses the applicable principles and rules of peaceful settlement of international disputes as such. Part II is devoted to the ways and means provided for by the Charter and by general international law with emphasis on the role of the competent organs of the United Nations to this effect.
The Manila Declaration was elaborated on the initiative of non-aligned countries (Egypt, Indonesia, Mexico, Nigeria, Philippines, Romania, Sierra Leone, and Tunisia).3
United Nations, New York: Mr. Romulo (Philippines)This initiative of non-aligned countries might explain why the initial draft contained so many references to “equal rights and self-determination of peoples”, the “need for all States to desist from any forcible action which deprives peoples, particularly under colonial and racist regimes or other forms of alien domination, of their inalienable right to self-determination, freedom and independence” and the “right of these peoples to struggle to that end and to seek and receive support”. Such references, more strongly worded in the beginning, were softened in the process of negotiation that led to the adoption of the Declaration by the General Assembly by consensus. It is important to keep in mind that the context in which the Manila Declaration was negotiated and adopted was that of the difficult relations between the East and West, and of the intent of the non-aligned countries to seek clarification of existing international law in conjunction with their aspirations.
Nevertheless, one should not underestimate the fact that the approval of the Declaration by consensus brought together States that had already consented to the contents of Article 33 of the Charter of the United Nations and States which subsequently became Members of the United Nations. Hence, the Declaration was adopted with the active contribution of United Nations Members belonging to the various groups existing at that period.
For the first time, a normative text develops a comprehensive plan and a consolidation of the legal framework of peaceful settlement of international disputes. The Declaration builds upon and promotes general international law, the Charter of the United Nations, in particular Article 33, and other international instruments such as the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations (General Assembly resolution 2625 (XXV), 24 October 1970), the American Treaty on Pacific Settlement (Pact of Bogotà, 30 April 1948), the European Convention on the Peaceful Settlement of Disputes (Strasbourg, 29 April 1957), the 1928 General Act for the Pacific Settlement of International Disputes (Geneva, 26 September 1928, revised by the United Nations General Assembly in 1949).
The Declaration contains a preamble and two operative parts. Part I encompasses the applicable principles and rules of peaceful settlement of international disputes as such. Part II is devoted to the ways and means provided for by the Charter and by general international law with emphasis on the role of the competent organs of the United Nations to this effect.
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