|Manila Accord consists of Manila Accord, Manila Declaration and Joint Statement between Federation Malaya, the Republic of the Philippines and the Republic of Indonesia|
|Drafted||7 June 1963|
|Signed||5 August 1963|
Tunku Abdul Rahman
|Parties|| Federation of Malaya|
dated 30 December 1965
The Secretary-General of the United Nations acting in his capacity as depositary the following:
(English) and (French)
Registered A-8029 and I-8809
Initiated by President of the Philippines Diosdado Macapagal, the meeting was convened to resolve issues over the wishes of people in North Borneo and Sarawak within the context of United Nations General Assembly Resolution 1541 (XV), Principle 9 of the Annex taking into account the referendum in North Borneo and Sarawak that would be free and without coercion.
The Accord lists a series of agreements between the Federation of Malaya, the Republic of Indonesia, and the Republic of the Philippines, and a joint statement by all three parties.
Effective 24 September 1963, the Philippine Embassy in Kuala Lumpur closed down upon the Malayan government’s orders, following a failure to reach a satisfactory settlement of the Philippines’ claim to eastern North Borneo, and the deferment of recognition of the successor state, Malaysia. Diplomatic and consular relations between the two countries remained suspended until May 1964.
On 7 February 1966, relations between the Philippines and Malaysia became calmer and had stabilised, during which time an exchange of notes constituting an agreement relating to the implementation of the Manila Accord of 31 July 1963 (signed by Philippines and Malaysia at Manila and Kuala Lumpur constituting that both Governments had agreed to abide by the Manila Accord of 31 July 1963) and the accompanying Joint Statement, called for the peaceful settlement of the Philippine claim to eastern North Borneo. The agreements also recognized the need for the parties to come together, as soon as possible, for the purpose of clarifying the claim and discussing the means of settling it to the satisfaction of both parties in consonance with the Manila Accord and the Joint Statement.
The Manila Accord with the Joint Statement, and the Agreement relating to the implementation of the Manila Accord of 31 July 1963 were registered and published after their entry into force had been transmitted to the Secretary-General of the United Nations by the Government of the Republic of the Philippines on 30 December 1965 and 24 October 1967, respectively. Compliance with Article 80 of the Vienna Convention on the Law of Treaties (1969) would lead envisaged jurisdiction of the International Court of Justice for decision unless the parties by common consent could agree to submit the dispute to arbitration.
- See : United Nations General Assembly Resolution 97 (1)
- General Assembly 15th Session – The Trusteeship System and Non-Self-Governing Territories (pages:509–510) Archived 21 January 2012 at the Wayback Machine.
- General Assembly 18th Session – the Question of Malaysia (pages:41–44) Archived 11 November 2011 at the Wayback Machine.
- United Nations Treaty Registered No. 8029, Manila Accord between Philippines, Federation of Malaya and Indonesia (31 JULY 1963)
- United Nations Treaty Series No. 8809, Agreement relating to the implementation of the Manila Accord
- See:The Secretary-General of the United Nations depositary Nr. I-8809
- See': Article 80 of the Vienna Convention on the Law of Treaties.
Registration and publication of treaties
1. Treaties shall, after their entry into force, be transmitted to the Secretariat of the United Nations for registration or filing and recording, as the case may be, and for publication.
2. The designation of a depositary shall constitute authorization for it to perform the acts specified in the preceding paragraph.
- See': Article 66 of the Vienna Convention on the Law of Treaties.
Procedures for judicial settlement, arbitration and conciliation
If, under paragraph 3 of article 65, no solution has been reached within a period of 12 months following the date on which the objection was raised, the following procedures shall be followed:
(a) any one of the parties to a dispute concerning the application or the interpretation of articles 53 or 64 may, by a written application, submit it to the International Court of Justice for a decision unless the parties by common consent agree to submit the dispute to arbitration;
(b) any one of the parties to a dispute concerning the application or the interpretation of any of the other articles in Part V of the present Convention may set in motion the procedure specified in the Annex to the Convention by submitting a request to that effect to the Secretary-General of the United Nations.
- See': United Nations General Assembly Resolution 97 (1) (1946)