1. The 1982 Manila Declaration was the first instrument developed by the UN Special Committee on the Charter to strengthen the role of the organization in peaceful dispute settlement. It elaborated on the provisions of Article 2(3) and Article 33 of the UN Charter. 2. The Declaration outlined the applicable principles and rules for peaceful dispute settlement, including the sovereign equality of states and free choice of means. It emphasized negotiation, inquiry, mediation and other peaceful means. 3. The Declaration also defined the roles of the UN General Assembly and Security Council in peaceful dispute settlement, stressing the need to utilize regional organizations and refer disputes to the International Court of Justice when appropriate.

1. HISTORICAL
OF
MANILA
DECLARATION
1982

2. BACKGROUND
The peaceful settlement of disputes is widely
considered essential, not only in the interest of
avoiding deadly armed conflict, but also to counter the
rise of extremism ideologies and ethno-nationalism.
Article 1 of the Charter concisely states the
organization’s principal objective:
‘To maintain international peace and security’
and the ways in which that goal is to be attained
collectively, peacefully, and preventively’
Corollary reasons: So long as States cannot rely on the peaceful resolution of their disputes, there can be
no genuine reversal of world-wide arms competition; no adequate resources for the eradication of poverty;
no proper respect for human rights or the environment; nor sufficient funds for health, education, the arts
and humanities.
Julie Dahlitz, ‘Introduction,’ in Peaceful Resolution of Major International Disputes, ed. Dahlitz (New York: United Nations, 1999)
2

3. MANILA DECLARATION 1982
This declaration is the development of international dispute
settlement and examines the provisions under
Article 2 (3) and Article 33 of the UN Charter
3

4. “
The Law of Win/Win says,
“Let’s not do it your way
or my way; let’s do it the
best way.
– Greg Anderson
4

5. WHAT IS INTERNTIONAL DISPUTE?
A dispute may be defined as a specific disagreement concerning a matter of fact, law
or policy in which a claim or assertion of one party is met with refusal, counter claim
or denial by another. In the broadest sense, an international dispute can be said to
exist whenever such a disagreement involves governments, institutions, juristic
persons (corporation) or private individuals in different parts of the World. However,
the disputes with which the present work is primarily concerned are those in which
the parties are two or more of the hundred and sixty or so sovereign states into which
the world is currently divided.
5
In the MAVROMATTES CASE 1924, the PCIJ defined a dispute as ‘’a disagreement on
a point of law or fact, a conflict of legal views or interests between two persons’’
(Greece v U.K), J.G. Merrills suggests that:

6. 1.
HISTORICAL
Article 2 of the Charter lays out the
principles under which the UN and its
members are required to pursue the
aims of Article 1. Article 2 (3) states that
‘all members shall settle their
international disputes by peaceful
means in such a manner that
international peace and security, and
justice, are not endangered.’

7. Article 33 (1) catalogs various methods
to be employed by states to settle
disputes pacifically:
The parties to any dispute, the
continuance of which is likely to
endanger the maintenance of
international peace and security, shall,
first of all, seek a solution by
negotiation, enquiry, mediation,
conciliation, arbitration, judicial
settlement, resort to regional agencies
or arrangements, or other peaceful
means of their own choice.

8. INTRODUCTION
➢ The Charter’s emphasis on the peaceful settlement of disputes has been
echoed and elaborated in subsequent declarations and resolutions. The
‘Friendly Relations Declaration,’ set out in General Assembly resolution
2625 (XXV) of October 1970, attempted to specify the scope and content of
the principle of the peaceful settlement of disputes.
➢ The Manila Declaration on the Peaceful Settlement of International
Disputes of 1982 (approved in General Assembly resolution 37/10 of
November 1982) provided a more detailed exposition and defined the
substantive duties of states in peaceful dispute settlement, as well as the
competencies of relevant UN organs)
8

9. “
1. The Special Committee on
the Charter of the United
Nations and on the
Strengthening of the Role of
the Organization (established
The Special Committee’s
session held at United
Nations Headquarters from
27 February to 24 March
1978
9

10. “
2. Letter of 16 July 1979,
Romania requested the
inclusion of the item entitled
“Settlement by peaceful
means of disputes between
States” on the agenda of the
thirty-fourth session of the
General Assembly and
suggested the idea of a
declaration on the subject
10

11. “
3. Resolution 34/102 of 14 Dec
1979 under this item, in which,
bearing in mind the report of the
Special Committee and taking
into account the relevant
opinions and suggestions
submitted during that session,
it inter alia urged all States to
cooperate in the elaboration of a
declaration of the General
Assembly on the peaceful
settlement of disputes between
States
11

12. “
4. The General Assembly further
invited Member States to
transmit to the Secretary-
General their opinions,
suggestions and proposals on the
matter. At the same session,
following its consideration of the
annual report of the Special
Committee,
12

13. “
5. The Special Committee established
a working group, open to all
Committee members. Several drafts
were submitted for consideration by
the working group, including a “draft
Manila declaration on the peaceful
settlement of international disputes”
sponsored by several
delegations. Following the discussion
of the latter proposal, a revised draft
declaration was submitted, which
could not be discussed for lack of time
and was reproduced in the report of
the Special Committee.
13

14. “
6. The Sixth Committee took note of
this report on 4 December 1980
(A/35/737). Thereafter, the General
Assembly adopted resolution 35/160
of 15 December 1980, by which it
requested the Special Committee to
continue the elaboration of the draft
Manila declaration with a view to
submitting it for further
consideration to the Assembly at its
thirty-sixth session.
14

15. “
7. Fifteen meetings between 1 October
and 27 November 1981 and, although
progress was made, it was unable to
finalize the text of the declaration (see
the report of the working group,
A/C.6/36/L.19). On 10 December
1981, on the recommendation of the
Sixth Committee, the General
Assembly thus adopted resolution
36/110, by which it again requested
the Special Committee to finalize the
draft Manila declaration with a view
to its consideration and adoption by
the Assembly, and to submit it to the
Assembly at its thirty-seventh session
15

16. “
8. 22 February to 19 March 1982, in
Geneva, the Special Committee
discussed the topic in the context of an
open-ended working group, which
held meetings from 2 to 12 March.
Within the working group, a drafting
group was established to discuss
certain pending points. A finalized
version of the draft declaration was
agreed upon and submitted to the
General Assembly in the report of the
Special Committee (A/37/33).
16

17. “
9. At the thirty-seventh session of the
General Assembly, the report of the
Special Committee, including the
draft declaration, was discussed in
the context of the Sixth Committee
from 18 to 28 October 1982.
17

18. “
10. On 27 October 1982, the Sixth
Committee adopted by consensus the
draft declaration, which was
sponsored by 40 States and
introduced by Romania (see the
report of the Sixth Committee to the
General Assembly,
A/37/590). By resolution 37/10 of 15
November 1982, the General
Assembly adopted, without a vote, the
Manila Declaration on the Peaceful
Settlement of International Disputes
between States.
18

19. 1982 DECLARATION
Held in Manila, the Philippines on 15
November 1982
The first important instrument of the work of
the Special Committee on the Charter of The
UN on the strengthening of the role of the
organization.
19

20. INITIATIVE
The Manila Declaration was elaborated on the initiative of non-aligned
countries which is from Egypt, Indonesia, Mexico, Nigeria, Philippines,
Romania, Sierra Leone, and Tunisia
References to “equal rights and self-determination of peoples”, the “need for all States to
desist from any forcible action which deprives peoples, particularly under colonial and
racist regimes or other forms of alien domination, of their inalienable right to self-
determination, freedom and independence” and the “right of these peoples to struggle to
that end and to seek and receive support”.
20

21. The context in which the Manila
Declaration was negotiated and
adopted was that of the difficult
relations between the East and
West, and of the intent of the
non-aligned countries to seek
clarification of existing
international law in conjunction
with their aspirations.
IMPORTANCE IN 1982 MANILA DECLARATION
Thus one should not
underestimate the fact that the
approval of the Declaration by
consensus brought together
States that had already consented
to the contents of Article 33 of
the Charter of the United Nations
and States which subsequently
became Members of the United
Nations.
21

22. This Declaration is the first normative text develops a comprehensive
plan and legal frameworks of peaceful settlement and promotes general
international law;
a. Article 33 of The Charter.
b. Other international instruments
IMPORTANCE IN 1982 MANILA DECLARATION
22
i. The Declaration on Principles of International Law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of the United Nations (General
Assembly resolution 2625 (XXV), 24 October 1970).
ii. The American Treaty on Pacific Settlement (Pact of Bogotà, 30 April 1948).
iii. The European Convention on the Peaceful Settlement of Disputes (Strasbourg, 29 April
1957).
iv. The 1928 General Act for the Pacific Settlement of International Disputes (Geneva, 26
September 1928, revised by the United Nations General Assembly in 1949).

23. PART IN THE DECLARATION
There are 3 points in Manila Declaration:
a. Preamble
b. Part I: Identification of Applicable Principles and Rules
Encompasses the applicable principles and rules of peaceful
settlement of international disputes as such.
c. Part. II: The Role of the United Nations and its Organs
Devoted to the ways and means provided for by the Charter and by
general international law with emphasis on the role of the
competent organs of the United Nations to this effect.
23

24. IMPORTANT POINTS IN THE DECLARATION
24
Preamble
Stresses the principle of equal rights and self-determination of peoples and the
need for all States to desist from any forcible action which deprives peoples,
particularly peoples under colonial and racist regimes or other forms of alien
domination, of their inalienable right to self-determination, freedom and
independence.

25. IMPORTANT POINTS IN THE DECLARATION
25
Part I: Identification of Applicable Principles and Rules
Paragraph 3 - International disputes shall be settled on the basis of the
sovereign equality of States and in accordance with the principle of free choice of means in
conformity with obligations under the Charter of the United Nations and with the principles
of justice and international law. Recourse to, or acceptance of, a settlement procedure freely
agreed to by States with regard to existing or future disputes to which they are parties shall
not be regarded as incompatible with the sovereign equality of States.
Paragraph 5 - States shall seek in good faith and in a spirit of co-operation an
early and equitable settlement of their international disputes by any of the following means:
negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to
regional arrangements or agencies or other peaceful means of their own choice,
including good offices. In seeking such a settlement, the parties shall agree on such
peaceful means as may be appropriate to the circumstances and the nature of their dispute.

26. IMPORTANT POINTS IN THE DECLARATION
26
Part I: Identification of Applicable Principles and Rules
Paragraph 6 -. States parties to regional arrangements or agencies shall make
every effort to achieve pacific settlement of their local disputes through such regional
arrangements or agencies before referring them to the Security Council. This does not
preclude States from bringing any dispute to the attention of the Security Council or of the
General Assembly in accordance with the Charter of the United Nations.
Paragraph 8 - States parties to an international dispute, as well as other States,
shall refrain from any action whatsoever which may aggravate the situation so as to
endanger the maintenance of international peace and security and make more difficult or
impede the peaceful settlement of the dispute, and shall act in this respect in accordance
with the purposes and principles of the United Nation

27. IMPORTANT POINTS IN THE DECLARATION
27
Part. II: The Role of the United Nations and its Organs
Paragraph 3 (c)- Member States reaffirm the important role conferred on the
General Assembly by the Charter of the United Nations in the field of peaceful settlement of
disputes and stress the need for it to discharge effectively its responsibilities. Accordingly,
they should:
c. Consider utilizing, for the peaceful settlement of their disputes, the
subsidiary organs established by the General Assembly in the performance of its
functions under the Charter.

28. IMPORTANT POINTS IN THE DECLARATION
28
Part. II: The Role of the United Nations and its Organs
Paragraph 4 (a)- Member States should strengthen the primary role of the
Security Council so that it may fully and effectively discharge its responsibilities, in
accordance with the Charter of the United Nations, in the area of the settlement of disputes
or of any situation the continuance of which is likely to endanger the maintenance of
international peace and security. To this end they should:
a. Be fully aware of their obligation to refer to the Security Council such a
dispute to which they are parties if they fail to settle it by the means indicated in
Article 33 of the Charter.

29. IMPORTANT POINTS IN THE DECLARATION
29
Part. II: The Role of the United Nations and its Organs
Paragraph 5 (a) - (a) That legal disputes should as a general rule be referred by
the parties to the International Court of Justice, in accordance with the
provisions of the Statute of the Court
Paragraph 6 - The Secretary-General should make full use of the provisions of
the Charter of the United Nations concerning the responsibilities entrusted to
him. The Secretary-General may bring to the attention of the Security Council
any matter which in his opinion may threaten the maintenance of international
peace and security. He shall perform such other functions as are entrusted to
him by the Security Council or by the General Assembly. Reports in this
connection shall be made whenever requested to the Security Council or the
General Assembly.

30. 30