Class notes-International courts III: The Permanent Court of Arbitration

International courts III: The Permanent Court of Arbitration

Philippines v. China



  • Question pending from last class:
    • The political question issue


  • Philippines v. China case
    • State to State arbitration and the UNCLOS Convention
      • Is there a difference between state-to-state arbitration and a proceeding before the ICJ?
      • What are the “perceived” advantages –if any- of state-to-state arbitration?
      • What is the basis for jurisdiction in the Philippines v. China case?
    • China’s position: the recalcitrant litigant
      • What remedies –if any-are available in international law in a case of an uncooperative state?
    • The issue of procedural fairness
      • How does a court or arbitral tribunal ensure procedural fairness when one of the parties refuses to participate in the proceedings?
    • The final award and its enforcements
      • What enforcement mechanisms are available in the present case?