Non-appearance and compliance in the context of the UN convention on the law of the sea dispute settlement mechanism
College
College of Law
Department/Unit
Law
Document Type
Article
Source Title
Philippine Law Journal
Volume
88
Issue
2
First Page
300
Last Page
341
Publication Date
5-2014
Abstract
This paper examines the nature and effects of default proceedings in disputes between State Parties governed by the United Nations Convention on the Law of the Sea ("UNCLOS"), in three sections. In the first section, the general provisions of the UNCLOS on the settlement of disputes, as well as the different choices of procedure available under Article 287, are discussed, concluding with a discussion on the impact of the rule of kompetenZ-kompetenZ on the Convention. The second section of the paper highlights the problems that scholars have identified in default proceedings, by discussing the proceedings for the non-appearance of a party in light of the different means of settlement of disputes under the Convention. The third section of the paper attempts to identify the factors that generally affect a State's compliance with decisions rendered by international courts.
Grounded on the foregoing discussions, this paper seeks to shed light on why State Parties pursue cases even when default is imminent and the disadvantages of default proceedings are grave.
html
Recommended Citation
Cembrano-Mallari, C. L. (2014). Non-appearance and compliance in the context of the UN convention on the law of the sea dispute settlement mechanism. Philippine Law Journal, 88 (2), 300-341. Retrieved from https://animorepository.dlsu.edu.ph/faculty_research/12210
Disciplines
Dispute Resolution and Arbitration
Upload File
wf_no