In 2016, the arbitral tribunal adjudicating the Philippines’ case against China ruled overwhelmingly in favor of the Philippines. A key finding is that China had caused severe harm to the environment of the West Philippine Sea. However, the Philippines v. China arbitration, precisely because of its nature, could not and did not include a question on reparations. Almost a decade since the Award, China continues to refuse to recognize it and persists in its encroachment of the West Philippine Sea.
This Paper uses the case of the Philippines to explore changing tides in the use of equity in awarding reparations in international law. First, the paper discusses the existing legal landscape on reparations, particularly on the general framework in the International Law Commission’s Articles of State Responsibility for Internationally Wrongful Acts. The paper focuses on Costa Rica v. Nicaragua and DRC v. Uganda, two recent cases decided by the ICJ which adopted a novel approach in the award of compensation. Thereafter, this paper applies these concepts and principles in analyzing—in general terms—the prospects of the Philippines for a reparations case against China by looking into the promises and pitfalls brought about by these new developments in international environmental litigation.