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World court has no jurisdiction over Scarborough row–expert

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MANILA, Philippines — The Philippines should amend its acceptance of the jurisdiction of the International Court of Justice before the country can raise the issue on its dispute with China over ownership of the Scarborough Shoal, a resource person on the issue told the Senate Friday.

University of the Philippines Professor Merlin Magallona said during the hearing of the foreign relations committee chaired by Senator Loren Legarda that “it would be anomalous for the case to be brought to the ICJ with respect to its own reservations.”

Magallona said that the Philippines’ acceptance of the ICJ jurisdiction did not include territorial issues but added that this could easily be amended.

“I do not see any legal impediment on that,” Magallona said.

ICJ is one option for the settlement of disputes on the law of the sea. Other alternatives include submission to the International Tribunal on the Law of the Sea, Arbitration or Special Arbitration.


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Tags: China , ICJ , International Court of Justice , Philippines , Scarborough Shoal , Senate

  • Russell Ariola

    Dami namang dakdakan samantalang ayun at nasakop na tayo ng mga tsekwa.
    Ano bang ginagawa ng mga kinatawan natin sa UN? Puro naman party at concert ang inaatupag ng mga yan.

  • resty144

    Mayroon na naman isang kumakaliwa sa problema natin sa panatag. Hindi pa nga tayo nakaka first base, ito nanaman ang isang magaling. Crab mentality kang taga UP. Shame on you.

    • indiots

      headline pa lang iniisip ko na kung sino.. akala ko si sen. santiago. may iba pa pala…

    • billy31

       aasahan mo na iyan sa mga Crabs dito sa atin. Para sumikat lang, kung ano-ano ang statements. Professor pa ng UP, pwe. wala nang tama sa mga ito.

  • http://pulse.yahoo.com/_YAU43R25CAHGNYPHE6HLAM3V6Y Benjamin

    DAPAT DITO SA MALLONGA NA ITO IBINABAON NG BUHAY PARA DI PAMARISAN,, 

    • http://pulse.yahoo.com/_YAU43R25CAHGNYPHE6HLAM3V6Y Benjamin

      PATABA SA MARIJUANA

  • murtson

    Ms. Genius, who has the jurisdiction? The title is inconsistent with the report that readers get confused. It makes the news ambiguous. The one who prepared the documents for the case filed is a China fan. 

  • http://pulse.yahoo.com/_EXFI4EUGM23PQ4FMQKLVH36OXI Jose

    Would people please read and understand the article before actually posting?

    He says the ICJ doesn’t have jurisdiction currently, but the Philippines could increase that by accepting their jurisdiction on territorial issues, which should be a pretty straighforward process.

    In any case, the International Tribunal on the Law of the Sea probably does have jurisdiction already.

    There’s nothing pro or anti-China there, yet the man’s being insulted anyway.  Come ON, people.

  • http://pulse.yahoo.com/_E5Q5PV6KNYNVSOCHXJVJPYUVFE cion

    Pls read the article of Archeologic Doctrine treaty by Arturo M. Tolentino ,the then Vice president of the Philippines during the administration of Pres Marcos ITCLOS-UNCLOS. if you google Arturo M. Tolentino ,it stated on one of his article,which  was one of his great accomplishments (Law of the Seas) as an elected politician.

  • http://profile.yahoo.com/DNSPAZMYXPCCZEXN4ZBBRKIB64 William

    magalona is as intelligent as cockroach…inunahan na nya ung mga judges sa korte e wala pa naman desisyon sobra sa galing to! For this ek-ek lady litigation is no longer possible for her kasi alam n nya yung desisyon haha!   

  • http://profile.yahoo.com/KXHYZNR5NUYG3T7XQQ67PERPJI Jinju

    Di na dpat ito binalita pa sa publikø kase mababasa pa to ng kalabån eh. Måbibigyån pa sila armas tø contest us.

  • billy31

    she is an expert in accepting money to say these statements. Traitor!!!
    she must be subjected to Lifestyle check!!!

  • joeldcndcn

    IF LAWMAKERS & LAWYERS AND JUSTICES OF THE SC IN THE PHILIPPINES COULD NOT EVEN “STRAIGHTENED OUT” THE SIMPLE CASE OF THE 16 CITIES ANOMALY, WHICH THE SUPREME COURT DECIDED AGAINST THE CONSTITUTIONAL PROVISIONS,  how could these filipino lawyers give their opinions and jurisprudence comments when they are only GOOD FOR PH MESSED UP LAWS, HA? THIS KIND OF “OPINIONS” WOULD BLOW UP THE MINDS OF PEOPLE WHO KNOWS INTERNATIONAL JURISPRUDENCE PRETTY WELL, NOT FILIPINO LAWYERS SUCH AS SEN SANTIAGO,  TSK, TSK, TSK! THE PH NEEDS  INTERNATIONAL NEW YORK BASED LAWYERS TO ARGUE ITS CASE, AND ARGUE IT WITH MUCH CREDIBILITY IN HIS BACKGROUND, NOT JUST ANY UP GRAD, TSK, TSK, TSK! SEN LOREN WAS ONLY A NEWSCASTER, VERY EXPERIENCED ON THAT FIELD BUT NOT INTERNATIONAL JURISPRUDENCE AND LAWS, SHE SOUNDS VERY NAIVE ON THIS CASE, HE, HE, HE!



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