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A Strategy of Non-Participation before International Courts and Tribunals: 2019 Rosalyn Higgins Prize – First Runner-Up.
- Source :
-
Law & Practice of International Courts & Tribunals . 2020, Vol. 19 Issue 1, p5-27. 23p. - Publication Year :
- 2020
-
Abstract
- One of the greatest challenges facing international courts and tribunals today is a State's decision not to participate in a proceeding. Ever since China refused to take part in the South China Sea arbitration in 2013, there have been no fewer than nine additional inter-State cases of non-participation. The existing literature views this growing phenomenon as a problem. This article, however, takes the perspective of the non-participating State, and thus views non-participation as a strategy. After examining the law and practice of non-participation, the article discusses a series of strategic considerations that States should take into account when deciding whether to participate in a proceeding. In doing so, the article hopes not only to advise States considering non-participation, but also to help others understand the reasons behind a State's decision of non-participation. [ABSTRACT FROM AUTHOR]
Details
- Language :
- English
- ISSN :
- 15691853
- Volume :
- 19
- Issue :
- 1
- Database :
- Academic Search Index
- Journal :
- Law & Practice of International Courts & Tribunals
- Publication Type :
- Academic Journal
- Accession number :
- 142810634
- Full Text :
- https://doi.org/10.1163/15718034-12341414