The future conduct of the parties (Submission No.

15)
The Philippines requested the tribunal to adjudged and declare that China shall:
 respect the rights and freedoms of the Philippines under the Convention;
 comply with its duties under the Convention, including those relevant to the protection
and preservation of the marine environment in the South China Sea;
 exercise its rights and freedoms in the South China Sea with due regard to those of the
Philippines under the Convention

Original constitution of Submission No. 15:

 China shall desist from further unlawful claims and activities
 It was unclear. Thus, it was held that it cannot, at the time, determine whether a
dispute existed “between the Parties concerning the interpretation or application
of the Convention or to assess the scope of the Tribunal’s jurisdiction in this
respect”
 Directed the Philippines to clarify the content and narrow the scope

Philippines’ position
 the focus is prospective
 the record of China’s “significant, persistent and continuing violations” of the
Philippines’ rights and China’s “statements and conduct provide ample
justification for ordering China to respect the rights and freedoms of the
Philippines in the future, and to honor its environmental obligations”
 connects its submission to the requirement of “due regard”: being one of the basic
principles of the Convention and should be given “broad application”
 EXAMPLE:
1) China’s attempt to prevent Philippine fishing or hydrocarbon activities in areas
within 200 miles of the Philippines;
2) China’s conduct of its own activities in the disputed areas
 The Philippines concentrated its arguments about Submission No. 15 on the hypothetical
situation that would result from the Tribunal finding any of the Spratly features to be fully
entitled islands under Article 121 of the Convention, and the uncertainty, tension and “perverse
effects” that would potentially result from such a finding.
 With respect to the Tribunal’s jurisdiction to address the issues described in connection
with Submission No. 15, the Philippines argued there are “no obstacles”. It acknowledges
that due to China’s invocation of Article 298’s exclusion for sea boundary delimitation,
“the Tribunal could not proceed to delimit any areas of overlapping entitlements.”
 Paragraph 1(a) of Article 298 does not apply to those articles either; they are not
specifically mentioned, and they are not delimitation provisions.

China’s Position
 Did not directly stated its position
 The Tribunal noted that Chinese officials have made a number of statements on the
importance of good faith and duties incumbent on the States
Tribunal’s Considerations and Conclusion
 Al the propositions fall within the basic rule of “pacta sunt servanda”
 Every treaty in force is binding upon the parties to it and must be performed by
them in good faith
 In other words: The Philippines is asking that China shall do what it is already obliged by
the Convention to do.
 Both Parties already pointed out that the Convention itself expresses: it is already clear
that States are under a duty to resolve their disputes peacefully and that States are under
a general duty to have “due regard” to the rights and obligations of the States.
 No dispute that these general obligations define and regulate their conduct

 The Tribunal considers it beyond dispute that both Parties are obliged to comply with the
Convention, including its provisions regarding the resolution of disputes, and to respect
the rights and freedoms of other States under the Convention. Neither Party contests this,
and the Tribunal is therefore not persuaded that it is necessary or appropriate for it to
make any further declaration.