OPENING REMARKS BY
ENRIQUE A. MANALO
Secretary for Foreign Affairs
Lecture by Professor Jean-Marc Thouvenin on the topic:
“What can we expect from International Courts and Tribunals in a
World of Sovereign States”
23 February 2024
Bulwagang Apolinario Mabini
Esteemed members of the diplomatic corps;
The distinguished Filipino members in the Permanent Court of Arbitration - Dr. Raul Pangalangan, Prof. Sedfrey Candelaria, Dr. Antonio Gabriel La Viña, and Ambassador J. Eduardo Malaya;
Partners from the media and the academe;
Guests, ladies and gentlemen;
Good afternoon you all.
The Department of Foreign Affairs is honored to host the lecture of Professor Jean-Marc Thouvenin, Secretary-General of The Hague Academy of International Law.
This is an expression of the Philippines’ support for the Academy, the premier center for the advanced study of and research on international law. When the Academy marked its centenary last year, the Philippines organized, with 27 other states, a side event in New York to recognize its indispensable role in cultivating understanding and advancing knowledge in international law. The event was entitled, “Peaceful Dispute Settlement: The Indispensable Courts and Courses of the Peace Palace”.
The Department is honored to extend the celebration of this centenary in the Philippines, with this public lecture of Professor Thouvenin, through the arrangements between the Philippine Embassy in The Hague, through Ambassador Malaya, and the Academy.
Professor Thouvenin will delve on the crucial role of international courts and tribunals in resolving conflicts between states and in providing advisory opinions on legal questions while striking a balance in recognizing the sovereignty of states.
One hundred twenty-five years ago, the first global mechanism to settle international disputes was established with the creation of the Permanent Court of Arbitration. In commemoration of this milestone, the Philippines, together with Australia, Egypt, Guatemala, Hungary, and Thailand, worked with the PCA on a UN Resolution that recognized its importance in upholding the peaceful settlement of disputes, and encouraged UN member states to make use of PCA’s services in arbitration, conciliation, mediation, commissions of inquiry and other means of peaceful settlement of disputes. This UN resolution (Resolution 77/322 on the Commemoration of the 125th Anniversary of the Permanent Court of Arbitration) was adopted by consensus on 3 August 2023, with the co-sponsorship of 121 UN Member States, including 26 non-contracting parties to the PCA. This resolution powerfully demonstrates that the peaceful settlement of disputes is a shared mission binding the community of nations.
Since the founding of the PCA, international courts and tribunals have been established, addressing questions relating to human rights, law of the sea, and trade and investment, among others. The decisions of these courts and tribunals form the backbone of the modern international legal system, providing clarity and, sometimes resolutions, to thorny issues, and helping align state behavior with international rules and norms.
However, this function of regulating state behavior inevitably creates tension with the concept of state sovereignty. Diplomacy navigates the complex relationship between national autonomy and global governance, while recognizing and affirming the rule of law as the great equalizer in global affairs which underwrites a world order that allows nations to coexist in peace. The insights that Professor Thouvenin will share this afternoon should be illuminating and useful in this regard.
As the Philippines remains fully committed to upholding the rule of law, the Department of Foreign Affairs is even more resolute in maintaining our country’s active engagement with, and representation in, international legal forums and organizations. With such efforts and in cooperation with partners and friends in the international community including The Hague Academy, we fulfill our duty to advance a robust and credible international legal regime that promotes and guards the flourishing of just, equitable, and prosperous societies.
The Philippines is hosting an ongoing two-week course on international law for members of the Philippine judiciary and other government agencies --- a collaboration among The Hague Academy of International Law, the Philippine Judicial Academy, and the Philippine Embassy in The Netherlands. This manifests such commitment as it marks a new beginning in the Philippines’ cooperation with The Hague Academy.
I would like to thank Professor Thouvenin for the Academy’s invaluable support and confidence in the Philippines.
May the Academy break newer grounds in the next 100 years or more in strengthening knowledge and solidarity on international law, and in enriching the application of international law for global solutions and regional solutions to global and regional challenges.
Thank you and Mabuhay!