DFA STATEMENT ON THE ADVISORY OPINION OF THE INTERNATIONAL TRIBUNAL OF THE LAW OF THE SEA (ITLOS) ON THE REQUEST SUBMITTED BY THE COMMISSION OF SMALL ISLAND STATES ON CLIMATE CHANGE AND INTERNATIONAL LAW (CASE NO. 31)

PRESS RELEASE
WDC-36-2024
25 May 2024
Embassy Press and Information Section
info@phembassy-us.org

MANILA, PHILIPPINES – The Department of Foreign Affairs welcomes the issuance on 21 May 2024 by the International Tribunal for the Law of the Sea (ITLOS) of its Advisory Opinion on the 12 December 2022 request submitted by the Commission of Small Island States on Climate Change and International Law

The Philippines, as a State Party to UNCLOS, participated in the proceedings by delivering an oral statement during the public hearing on 19 September 2023.

The ITLOS cited the South China Sea Arbitration Award of 12 July 2016 as authoritative in key parts of the Advisory Opinion. Further, 26 States or groups of States also referenced the Award as legal authority in their respective oral and written statements during the ITLOS proceedings.

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 Philippines therefore takes this opportunity to reiterate its continuing call for full compliance with the Award.

The Philippines is diligently 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. The Philippines reiterates the rule of law ensures equity in the global commons and a fair, just, and peaceful multilateral world order.

In this regard, the Philippines invites all States to join us in a constructive dialogue and thorough study of the ITLOS Advisory Opinion, in the spirit of collaboration towards fully and faithfully enforcing and complying with UNCLOS for a healthy and thriving marine environment. END