Research On Non-appearance In International Disputes

"non-appearance" includes "no responding" of international litigation and the"non-appearance" of international arbitration,the specialized regulations about the"non-appearance" are all shown in appendix of Statute of the Court and appendix 6,7 and 8 of "UNCLOS",but the contents of the regulations are simple.Although the cases of "non-appearance" sometimes also take place in arbitration and judicial practice,they are presented in different forms.The essay aims to research the basic theories of"non-appearance" in international dispute by means of combining theories with practices and making comparative analysis,and explain the reasons why China does not make an appearance in the South China Sea Arbitration Case,and comes up with the countermeasures for China to safeguard marine right and interests under the condition of "non-appearance".Chapter 1 is the examines International dispute and meaning of non-appearance in court,where,the concept of international dispute is analyzed.Non-appearance in international dispute generally refers to the system where,one party fails to make a responding or an appearance,without defending the case,when a dispute is settled in legal(judicial or arbitration)way,while the dispute settlement body can not be affected to continue the case procedure;meanwhile,the dispute settlement body can make a judgment whether it indeed has the jurisdiction on the dispute,or making sure that the requirement proposed are indeed based on facts and laws.In terms of the scope of application,non-appearance can occur at any time of the dispute settlement procedure;the reason why there is the phenomenon of non-appearance is mainly that,the party to the dispute believes that the dispute settlement body has no jurisdiction,or believes that the case is unacceptable;non-appearance of one country can not affect the identity of such country involved in the dispute,or representing the judgment or adjudication is unfavorable to such country;however,the generation of the bad results to such country is unavoidable.Chapter 2 shows a research about International dispute and different forms of non-appearance.There are two forms of presentation of "non-appearance":complete"non-appearance" and part "non-appearance".Besides,there are three conditions of part"non-appearance",respectively,refusing to respond and appearing before the court at the initial stage while participating in the case hearing at the later stage and appearing before the court at the initial stage while refusing to appear before the court at the later stage;appearing before the court at the later stage;appearing before the court on the whole,failing to attend part procedures.Chapter 3 examines the legal basis of international dispute and "non-appearance"in court,the main reason is the question of jurisdiction.ICJ "non-appearance" in court in the case,the reason why the jurisdiction of court is due to conduct or agreement between the parties has mandatory or jurisdiction declaration,but when a nation absence of that such situation.The nation maybe choose "non-appearance".Compulsory arbitration parties to the dispute "non-appearance" in court,the main dispute is not belong the interpretation or application dispute of UNCLOS,exist the outside of UNCLOS in Article 297 and 298 elimination of regulations and does not comply with conditions for starting compulsory arbitration.Chapter 4 researches on International disputes and legal consequences of"non-appearance" in court.A nation choose "non-appearance" in court will not obstruct proceedings,a nation of "non-appearance" will choose to reject the result of the implementation of the referee.In theory,"non-appearance" not mean necessarily lose,but in fact inevitably increases the likelihood of losing.Chapter 5 aims to have a research on the reason analysis,and give suggestions about the "South China Sea Arbitration Case".Where,the recent development situation of the South China Sea Arbitration Case is presented.It is pointed out that,there are several reasons for China's non-appearance.First of all,the subject matter of arbitration instituted by the Philippines does not belong to the dispute interpreted by or applicable to the Convention;Secondly,the maritime delimitation dispute which was involved in Article 298 of the Convention was ruled out by China based on the statement made in 2006;Thirdly,the mandatory arbitration instituted by the Philippines fails to meet the starting conditions of mandatory arbitration stipulated by the Convention.Under the circumstance where China refuse to participate in the South China Sea Arbitration Case,the following countermeasures may be taken to safeguard China's maritime rights and interests:Firstly,clarify the fact and point out the mistaken aspects of the South China Sea Arbitration Case;secondly,pay attention to the out-of-court interaction with the arbital tribunal;thirdly,reinforce the marine military strength.