Erik Franckx and Marco Benatar consider the peculiar backlash in the form of states rejecting the jurisdiction of international courts and tribunals (ICs). They discuss how the People’s Republic of China (PRC) rejected jurisdiction in the Philippines v PRC arbitration. The authors draw comparisons with how the Russian Federation rejected the jurisdiction of an arbitration panel in the Arctic Sunrise case. But both states participated in the peculiar form of forwarding ‘position papers’. This allows states new modes of influencing the bench without formally participating in the proceedings, argues Franckx and Benatar. This may tempt other states to apply a similar approach. For example, Croatia has presented its views to an arbitration panel in a dispute with Slovenia, despite its non-participation after irregularities by one of the arbitrators. The PRC and the Russian Federation have also issued a joint declaration encouraging non-participation in international legal proceedings.

Original languageEnglish
Title of host publicationThe Judicialization of International Law
Subtitle of host publicationA Mixed Blessing?
EditorsAndreas Føllesdal, Geir Ulfstein
Place of PublicationOxford
PublisherOxford University Press
Chapter9
Pages183-205
Number of pages23
ISBN (Electronic)9780198816423
ISBN (Print)9780198816423
DOIs
Publication statusPublished - 1 Jan 2018

    Research areas

  • International Law, Law of the Sea, South China Sea, International Dispute Settlement, International Procedural Law, Jurisdiction, South China sea, Arbitration, Non-participation, Position papers, Compulsory procedures

ID: 37222968