ITLOS advisory opinion recognizes 2016 arbitral ruling - DFA

The Philippines on Saturday welcomed the advisory opinion issued by the International Tribunal for the Law of the Sea (ITLOS), which recognized key parts of the 2016 South China Sea arbitration ruling as “authoritative.”

The advisory opinion was in response to the request submitted by the Commission of Small Island States on Climate Change and International Law in December 2022.

The Philippines, which is a state party to the United Nations Convention on the Law of the Sea (UNCLOS), participated in the proceedings in September 2023 to support the call of small island states for protection against the impact of climate change.

“This bolsters and reinforces the legitimacy of the final and binding 2016 Arbitration Award and its unassailable status as part of the corpus of international law,” the Department of Foreign Affairs said in a statement. “The Philippines therefore takes this opportunity to reiterate its continuing call for full compliance with the Award.”

The 2016 arbitration ruling upheld the Philippines' exclusive economic zone over China's historical claims in the disputed South China Sea under UNCLOS. But China has never recognized the decision.

The DFA said that the Philippines is “diligently studying” the advisory opinion and its implications for the state 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,” the DFA said. “The Philippines reiterates that the rule of law ensures equity in the global commons and a fair, just, and peaceful multilateral world order.” 

It also invited other countries to join in a constructive dialogue and thorough study of the ITLOS advisory opinion. —VBL, GMA Integrated News