Programs

ABOUT
PROGRAMS
PUBLICATIONS
ARCHIVES

PROGRAMS

The Institute undertakes research and extension activities in the fields of International Trade and Economic Law, Association of Southeast Asian Nations (ASEAN), International Comparative Law, Territorial Studies, International Humanitarian Law, International Criminal Law, Private and Transactional International Law and International Environmental Law and International Financial Law. 

The IILS also receives requests for opinions and other forms of legal assistance from Congress, the Supreme Court, the Department of Foreign Affairs, Department of Trade and Industry, and the Department of Environment and Natural Resources, among others. To this end, IILS maintains institutional linkages with both national and international organizations involved in international law issues.

This research area will focus on the development, applicability, implementation, and effectiveness of multilateral environmental agreements at the global, Asia-Pacific, and Philippine levels. It aims to advance scholarship and informed dialogue on international environmental law and policy, particularly in relation to issues surrounding pollution and waste management, biodiversity, climate-induced disasters, ecosystems restoration and integrity, and conservation. Particular emphasis will be placed on climate change law and policy, including adaptation and resilience, loss and damage, and just transition strategies. The intersections of these matters with economics, social equity, and human rights, among others, will likewise be explored.

The Philippines’ long-standing commitment to international humanitarian law (IHL), and engagement with the rest of the international community on the development of IHL rules, is evident in its legal history. It acceded to the four (4) 1949 Geneva Conventions in 1952; the 1977 Additional Protocol (II) in 1986; the 2005 Additional Protocol (III) in 2005; and the 1977 Additional Protocol (I) in 2012. It likewise acceded to the 2000 Optional Protocol on the involvement of children in armed conflict in 2003. The Philippine likewise has three IHL-specific laws enacted in the last 15 years. This research area will focus on the local implementation of IHL using the Philippine experience as a case study to contribute a nuanced and context-sensitive perspective from Asia-Pacific on contemporary humanitarian issues. It also seeks to provide tool for policymakers, academics, political leaders, and other stakeholders in addressing IHL issues that may be uniquely shared by states within the Asia-Pacific region.

This research area will focus on understanding space law and policy, and their implications for the Asia-Pacific region and the Philippines. Studies will examine matters concerning new space actors, emerging issues, the governance of new technologies, and the dual-use nature of space systems. It will explore the intersection of space governance with climate change, environmental protection, security, education, and economic development.

UP IILS will explore and deepen scholarship in both substantive and procedural areas of international criminal justice. This will cover constant interrogation of the existing international crimes of piracy, genocide, war crimes, crimes against humanity, and aggression. Further, it will also explore emerging crimes and modalities of punishment of international crimes. Procedural rules that support these prosecutions, whether they are in the context of the International Criminal Court or other international tribunals, will also be studied consistent with the basic principles and developing norms of accountability in international law.

This agenda will also study the localization of the punishment of international crimes and how jurisdictions have dealt with, participated in, and criticized the international criminal justice project using the lens of their domestic values. There will also be sustained attention to the legal questions involving the Situation in the Republic of the Philippines and the case of the Prosecutor v. Rodrigo Duterte. Apart from the public information function, this case is an important teaching tool about crimes against humanity, the jurisdiction of the International Criminal Court, and the interaction of the rules of procedure in the ICC and Philippine law. This will also be an opportunity to produce more research on general international law topics such as the new draft Crimes Against Humanity Convention and the immunity from foreign prosecution of officials now being discussed at the International Law Commission.  Another aspect of the research to be conducted here relates to transnational and international crimes in the Asia-Pacific region, including the crime of terrorism.

International Financial Law and Regulation is designed to critically engage with the legal and regulatory frameworks, systems, transactions, and institutions that shape global finance, with a specific focus on the Philippines’ engagement in the international financial system and its role in global financial governance. It is dedicated to promote policy and regulatory reforms, engage in academic partnerships with local and international law enforcement, regulatory, and policy-making authorities, and initiate and collaborate on legal research and technical studies in Philippine and international financial law and regulation to support effective diplomatic and economic decision-making of government institutions, strategic policy-making, regulatory enforcement, and the administration of equitable economic justice in order to safeguard the Philippine financial system from systemic risks while contributing to the country’s broader objective of enhancing the resilience and integrity of the international financial system. It also functions as a platform for collaborative and interdisciplinary inquiry into emerging developments in international financial law and regulation. These include sustainable and inclusive finance within the context of global financial crises, digital transformation, and the international legal regime for sovereign wealth creation and debt sustainability, development financing for local and national governments, transnational and financial criminal law, and regional financial integration and cooperation, as well as the legal dimensions of innovative financing mechanisms, such as climate finance, Islamic finance, digital finance, and trade finance, with the aim of advancing responsive legal scholarship, timely analysis, and policy responses to the rapid innovations and disruptions in global finance. 

This research area will explore the legal and policy landscape at the Association of Southeast Asian Nations (ASEAN) level, spanning research activities across the three pillars of ASEAN: political-security, economic and socio-cultural. The research area will serve as a multidisciplinary platform for examining legal developments, challenges, and opportunities within the region. It will explore regional issues related to transnational crime, migration, environmental protection, finance and economic integration, and regional security cooperation, among others. The research area also highlights the Philippines’ role and contributions to ASEAN legal discourse, including compliance, advocacy, and reform. The research area will facilitate discussions among ASEAN legal experts to inform national and regional policymaking. A critical area for research is the availability of the ASEAN as an alternative to the WTO and in the conduct of international trade. This would entail looking at current areas of cooperation in trade such as the ATIGA and BITs, then expanded to dispute resolution mechanisms in light of the kneecapping of the WTO Appellate Body.

This research area focuses on the legal frameworks, principles, and institutions that govern the trade of goods, services, and capital between nations, with particular emphasis on how these affect Philippine interests in the global and regional economic landscape. It studies existing and potential future mechanisms for resolving trade and investment disputes, including WTO panels and arbitration procedures, and their implications to national sovereignty and compliance. This area of research also examines multilateral, regional, and bilateral trade agreements such as those under the World Trade Organization (WTO), ASEAN, and other economic partnerships involving the Philippines and the impact of these agreements on developing countries’ economic diversification, sustainable production and consumption patterns, food and other essential commodities security, and inclusive economic growth. It also examines the utilization of digital trade and e-commerce regulations to improve international trade and regulatory and infrastructure harmonization to create and match regional and transborder infrastructure with international trade rules for quality and sustainable industrialization and facilitate resilient integration in global value chains, particularly of developing countries. As a particular focus, this research area will assess the changes to the landscape of international trade and investment flows brought about by a resurgence of protectionist unilateral policies amongst major players in international trade that has prompted many challenges to principles long held to be well-established in international trade and investment law.  

Foreign Policy Studies

GLOBAL PLASTICS TREATY

THE UP INSTITUTE OF INTERNATIONAL LEGAL STUDIES HOSTS A STAKEHOLDER CONSULTATION ON THE GLOBAL PLASTICS TREATY WITH THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES

The Department of Environment and Natural Resources (DENR) and the UP Institute of International Legal Studies (UP IILS) hosted a consultation for the Global Plastics Treaty with various stakeholders from the academe, civil society, and the private sector. The consultation was attended by Mr. Albert Magalang, the Chief of the Climate Change Information and Technical Support Division of the Climate Change Service under the DENR and one of the negotiators for the Philippines on the Global Plastics Treaty. Mr. Magalang delivered the keynote address, which provided the context behind, and updates on the Zero Draft of the Global Plastics Treaty. He also discussed the current negotiation positions of the Philippines. The dialogue, entitled “Global Plastics Treaty: A Stakeholder Consultation,” was held on October 30, 2024, at Bocobo Hall of the University of the Philippines (UP) College of Law, Diliman, Quezon City, Philippines.
 
Dean Darlene Marie Berberabe of the UP College of Law opened the event and highlighted in her welcome remarks the urgent need for collective action to address plastic pollution. She emphasized the Philippines’ crucial role in the upcoming international treaty negotiations. Reminding the stakeholders of the value of their insights, Dean Berberabe noted the importance of a comprehensive, inclusive approach to tackling this global environmental challenge.
 
Mr. Magalang prefaced his keynote address, entitled “Updates on the Global Plastics Treaty: Negotiations and Progress,” with the current status of the Philippines’ waste generation. He also discussed the contributing practices and their subsequent impact on the economy. The address included an overview of the Philippines’ past engagements with the Intergovernmental Negotiating Committee on Plastic Pollution (INC) and the various proposals submitted by Member States during the Fourth Session of the INC in Ottawa, Canada. Mr. Magalang presented to the stakeholders the Philippines’ current key positions in the lead-up to the upcoming Fifth Session of the INC. These positions include support for global mitigation actions to address greenhouse gas emissions through the reduction or avoidance of primary plastic polymers. They also include a comprehensive finance package that would allow public and private sectors to operationalize the treaty. After his keynote address, Mr. Magalang addressed questions from the stakeholders on the potential scope of the Global Plastics Treaty and the country’s negotiating positions on issues of concern.
 
The stakeholders were given further time to engage in dialogue with Mr. Magalang through a plenary consultation session. The dialogue included discussions on possible financial instruments that could be implemented to achieve targets on waste pollution reduction, based on their differing experiences in their respective fields. Beyond financing, the stakeholders raised other issues and considerations with respect to setting targets, ensuring synergy in the efforts of parties and stakeholders and coordination across multilateral environmental agreements, and creating a holistic framework that takes into account the complete life cycle of plastics. The insights of the stakeholders were noted and will be taken into account as the Philippine delegation prepares for the Fifth Session of the INC, scheduled to take place from November 25 to December 1, 2024, in Busan, Republic of Korea.

Institute of International Legal Studies (IILS) contributes to the Philippines’ Written Statement regarding the Obligations of States in Respect of Climate Change

The Office of the Solicitor General (OSG) requested IILS to provide answers to questions raised in relation to the Philippines’ Written Statement.

This request was pursuant to IILS’ mandate to conduct research and extension activities and maintain institutional linkages with both national and international organizations involved in international law issues. In its response to the OSG request, IILS emphasized relevant principles of general international law, customary law, international environmental law, and international human rights law, including obligations under the UNFCCC, the Paris Agreement, and COP Decisions.

On March 21, the Written statement was submitted to the ICJ by Philippine Ambassador to the Netherlands, Ambassador J. Eduardo Malaya, accompanied by Solicitors R. Mutia and M. Arnesto.

The IILS response, was penned by its Director, Associate Prof. Rommel J. Casis, Assistant Professor Michael T. Tiu, Jr., and Senior Legal Associate Atty. C Therese Guiao. They were supported by the research assistance of Elma Latayan, Chester Tan, Ella Edralin, Janelle Sentina, Nicole Lumba, Pauline De Leon, and Jules Contreras.