ITLOS' advisory opinion reinforces 2016 arbitral award — Philippines


The Philippines has welcomed a recent advisory opinion issued by the International Tribunal for the Law of the Sea (ITLOS) pertaining to the two concerns raised by a commission of small island states as its response validated the 2016 Arbitral Ruling on the South China Sea.

The Department of Foreign Affairs (DFA) on Saturday night said the tribunal's opinion "bolsters and reinforces the legitimacy of the final and binding 2016 Arbitral Award, and its unassailable status as part of the corpus of international law."

"The Philippines therefore takes this opportunity to reiterate its continuing call for full compliance with the Award," DFA added.

On May 21, ITLOS delivered its advisory opinion on the request submitted to the tribunal by the Commission of Small Island States on Climate Change and International Law, with which the Philippines is a member.

The tribunal made a total of 19 responses, which have basically laid out that state parties have obligations to protect the marine environment within their jurisdiction, to the questions posed by the commission, which are:

What are the specific obligations of State Parties to the United Nations Convention on the Law of the Sea (UNCLOS) to prevent, reduce and control pollution of the marine environment in relation to the deleterious effects that result from climate change; as well as to protect and preserve the marine environment in relation to climate change impacts?

According to DFA, the Philippines is now "ddiligently studying the Advisory Opinion and its implications for the Philippines and other States Parties to UNCLOS, particularly on the duty to protect and preserve the marine environment in the context of greenhouse gas emissions, climate change impacts, and ocean acidification."

​"The Philippines recognizes that advisory opinions are significant contributions to the clarification and development of international law​," it said.

​"The Philippines reiterates the rule of law ensures equity in the global commons and a fair, just, and peaceful multilateral world order​," it added.

​DFA said the Philippines is inviting all states to join in a constructive dialogue as well as thorough study of the tribunal's opinion.

That would be in the spirit of collaboration towards "fully and faithfully enforcing and complying with UNCLOS for a healthy and thriving marine environment.​"