Non-appearance and compliance in the context of the UN convention on the law of the sea dispute settlement mechanism

• Main Author: Cembrano-Mallari, Celeste Ruth L.
• Format: text
• Published: Animo Repository 2014
• Subjects: Dispute Resolution and Arbitration
• Online Access: https://animorepository.dlsu.edu.ph/faculty_research/12210
• Institution: De La Salle University

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.