Unit:
Κατεύθυνση Δημόσιο Διεθνές ΔίκαιοLibrary of the School of Law
Author:
Kalyva Konstantina
Supervisors info:
1) Παζαρτζή Φωτεινή, Καθηγήτρια, Τμήμα Νομικής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
2) Γουργουρίνης Αναστάσιος, Λέκτορας, Τμήμα Νομικής, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών
Original Title:
ΜΗ ΕΜΦΑΝΙΣΗ ΔΙΑΔΙΚΟΥ ΕΝΩΠΙΟΝ ΔΙΕΘΝΩΝ ΔΙΚΑΣΤΗΡΙΩΝ: ΤΟ ΔΙΕΘΝΕΣ ΔΙΚΑΣΤΗΡΙΟ ΤΩΝ ΗΝΩΜΕΝΩΝ ΕΘΝΩΝ ΚΑΙ ΤΟ ΣΥΣΤΗΜΑ ΕΠΙΛΥΣΗΣ ΔΙΑΦΟΡΩΝ ΤΗΣ ΣΥΜΒΑΣΗΣ ΤΟΥ ΔΙΚΑΙΟΥ ΤΗΣ ΘΑΛΑΣΣΑΣ
Translated title:
NON-APPEARANCE BEFORE INTERNATIONAL COURTS AND TRIBUNALS: THE INTERNATIONAL COURT OF JUSTICE AND THE DISPUTE SETTLEMENT SYSTEM UNDER THE UN CONVENTION ON THE LAW OF THE SEA
Summary:
Abstract
The present dissertation examines the non-appearance of litigants before international courts and tribunals with the primary emphasis placed upon cases before the International Court of Justice
and the international adjudicative bodies provided for under the UN Convention on the Law of the Sea. Even though international law does have rules on the non-appearance, these rules lack the level of detail under domestic law. Therefore, a study on non-appearance before international courts and tribunals acquires importance and will be the focus of the present enquiry.
Accordingly, the present study reveals that a non-appearing party before an international court or tribunal having the competence to adjudicate the dispute concerned remains bound by any of the decisions of the said court or tribunal. Hence, non-appearance in no way influences the binding nature of the decision. In any case, it readily appears that it is a choice that rarely has positive consequences for the non-appearing state. The non-appearing party remains bound by the judgment, notwithstanding its decision not to partake in it and the fact that it has not had the chance to adequately put forth its views on the case. However, this does not mean that in any case they will accept the judgment. Especially, due to the non-appearance, states have been criticized as loosing a chance to put forth their views such as what happened in South China Sea.
Main subject category:
Law and Legislation
Other subject categories:
Public international law
Keywords:
Non appearance, International Court of Justice, Convention on the Law of the Sea, South China Sea case, Arctic Sunrise case
