2024 Political Law, Q3

The Zuri Republic and Wanda Republic are members of the United Nations Convention on the Law of the Sea (UNCLOS). In 2024, the Permanent Court of Arbitration rejected Zuri Republic’s claim over the entire South Wrigley Sea and declared it as part of Wanda Republic’s exclusive economic zone. However, Zuri Republic refused to recognize the arbitral award and continued its reclamation activities. Thereafter, Xena Republic, a non-UNCLOS state, filed a protest against Zuri Republic before the United Nations Security Council to respect the arbitral award and to stop reclamation efforts that destroy the fragile ecosystem. The Zuri Republic then challenged the legal standing of Xena Republic and argued that only state parties to the UNCLOS can enforce the arbitral award. Does Xena Republic have legal standing to initiate the protest? Explain.

Quick check

Does Xena Republic have legal standing to file a protest against Zuri Republic before the UN Security Council?

What is the legal nature of an obligation erga omnes in international law?

Under Article 35 of the United Nations Charter, who may bring a dispute or situation threatening peace to the Security Council?

Under Article 48 of the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), when may a non-injured state invoke state responsibility?

Why is Zuri Republic's objection regarding UNCLOS membership invalid against Xena Republic's protest before the UN Security Council?

Learn more about these topics

1. Erga Omnes Obligations
Under international law, obligations erga omnes are duties owed by a State to the international community as a whole. Because these obligations protect fundamental human, environmental, or community interests, every State has a legal interest in their compliance and performance. Consequently, any State—regardless of whether it is directly injured or a party to a specific underlying treaty—possesses legal standing to invoke State responsibility, raise formal diplomatic protests, or seek remedies against another State for severe breaches of obligations erga omnes, such as the destruction of shared fragile marine ecosystems.

2. UN Charter Powers
Under Article 35 of the United Nations Charter, any UN Member State possesses the independent legal standing to bring any dispute, or any situation that might lead to international friction or give rise to a dispute, to the attention of the Security Council or the General Assembly. This constitutional privilege under the UN Charter is granted to all Member States universally. It exists independently of specific multilateral treaties like UNCLOS, allowing Member States to raise international peace, security, or environmental concerns before the Security Council regardless of treaty membership.

3. State Responsibility Invocation
Under Article 48 of the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), which reflects customary international law, any non-injured State is entitled to invoke the responsibility of another State if the obligation breached is owed to the international community as a whole. This procedural entitlement ensures that breaches of vital community obligations, such as environmental preservation or compliance with international peace mechanisms, do not remain unaddressed simply because a non-party or non-specifically injured State raises the violation before an international forum like the UN Security Council.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

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