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THE FUTURE CONDUCT OF THE PARTIES (SUBMISSION NO.

15)
The Philippines requests the Tribunal to adjudge and declare that:
China shall respect the rights and freedoms of the Philippines under the convention, shall comply with its duties
under the convention, including those relevant to the protection and preservation of the marine environment in
the South China Sea, and shall exercise its rights and freedoms in the South China Sea with due regard to those
of the Philippines under the convention.
Ruling: The Tribunal is not persuaded that it is necessary or appropriate for it to make any further declaration.
Reason: Considering the basic rule of pacta sunt servanda, expressed in Art. 26 of the Vienna Convention on
the Law of Treaties as: Every treaty in force is binding upon the parties to it and must be performed by them in
good faith. In essence, what the Philippines is requesting is a declaration from the Tribunal that China shall do
wat it is already obliged by the Convention to do.
Article 300 of the Convention itself provides that the State parties shall fulfill in good faith the obligations
assumed under this convention and shall exercise the rights, jurisdiction and freedoms recognized in this
Convention in a manner which would not constitute an abuse of right.

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