World court has no jurisdiction over Scarborough row–expert

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.