04/02/2020
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intent to be bound, even though not made within the context of
international negotiations, is binding. In these circumstances, nothing in
the nature of a quid pro quo nor any subsequent acceptance of the
declaration, not even any reply or reaction from other States, is required
for the declaration to take effect, since such a requirement would be
inconsistent with the strictly unilateral nature of the juridical act by which
the pronouncement by the State was made....
xxx
NOTES:
1. It is very rare that a Court will find that a unilateral statement will bind
a State. In Frontier Dispute Case (Burkina Faso v. Mali) 1986 ICJ Rep
554, a Chamber of the International Court of Justice held that a
statement by the President of Mali at a press conference did not create
legal obligations on Mali, especially as `The Chamber considers that it has
a duty to show even greater caution when it is a question of a unilateral
declaration not directed to any particular recipient.' (para. 39).[3]
Finally, precedents are not strictly followed in international law, so that an
international court may end up formulating a new rule out of the factual situation of
our MOA-AD, making a unilateral declaration binding under a new type of situation,
where, for instance, the other party is not able to sign a treaty as it is not yet a
State, but the declaration is made to a "particular recipient" and "witnessed" by a
host of sovereign States.
As to the rest, I concur.
[1]1974 I.C.J. 253.
[2]1986 I.C.J. 554.
[3]Pp. 59-61, emphasis supplied.
SEPARATE OPINION
Tinga, J.:
As a matter of law, the petitions were mooted by the unequivocal decision of the
Government of the Philippines, through the President, not to sign the challenged
Memorandum of Agreement on Ancestral Domain (MOA-AD). The correct course of
action for the Court is to dismiss the petitions. The essential relief sought by the
petitioners-a writ of prohibition under Rule 65-has already materialized with the
Philippine government's voluntary yet unequivocal desistance from signing the MOAAD, thereby depriving the Court of a live case or controversy to exercise jurisdiction
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