04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly the Philippines on 5 September 2008. [78] Paragraph 4 on Resources of the MOA-AD; see note 18. [79] See note 77. [80] Article 27 of the 1969 Vienna Convention on the Law of Treaties provides: "A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty." [81] The initialing of the MOA-AD did not bind the GRP to the MOA-AD. The initialing was merely intended by the parties to authenticate the text of the MOA-AD. Article 12, 2(a) of the 1969 Vienna Convention on the Law of Treaties states that "the initialing of a text constitutes a signature of the treaty when it is established that the negotiating States so agreed." [82] The Malaysia Foreign Minister, the Special Adviser to the Malaysian Prime Minister, and the Secretary of Foreign Affairs of the Philippines are witnesses to the MOA-AD. [83] The Philippines, as a member of the United Nations, is ipso facto a party to the Statute of the International Court of Justice (Article 93[1], United Nations Charter). The Philippines signed on 18 January 1972 the Declaration Recognizing the Jurisdiction of the ICJ as Compulsory. At least 10 members of the Organization of Islamic Conference have also signed the Declaration. [84] Article 36(6) of the Statute of the ICJ provides: "In the event of a dispute as to whether the Court has jurisdiction, the matter shall be settled by the decision of the Court." [85] Article 93(2) of the Charter of the United Nations provides: "A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council." [86] Article 36(2) of the Statute of the International Court of Justice provides: ARTICLE 36 1. x x x 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. 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. elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 117/203

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