太平洋学报Issue(12)：1-12,12.
国际海洋争端解决中的“不应诉”问题
The Emerging Problem of Non-appearance in the UNCLOS Dispute Settlement Mechanism
摘要
Abstract
The non-appearance approach taken by the disputant parties in international litigations could not be regarded as nonsense,but a strategy with profound consideration.According to the experience of International Court of Justice’s (ICJ)tackling with non-appearance,parties of a dispute have no obligation of appearance, and non-appearance would not automatically lead to negative judgments.ICJ did adhere to the principle of e-quality between the parties.Given the jurisdiction is well justified,ICJ makes reasonable decisions based on laws and facts.China and Russia recently refuse to appear in the“Philippines v.China Arbitration”and“Arc-tic Sunrise Arbitration”,which reflects the predicament between non-appearance and compulsory jurisdiction of the UNCLOS dispute settlement mechanism.Under the awkward circumstance of non-appearance,the arbi-tral tribunals constituted in accordance with UNCLOS Annex VII have to face up to challenges with respect to le-gitimacy,independence,impartiality,and effectiveness.With an aim to alleviate the tensions caused by non-appearance,the present arbitral tribunals are supposed to endorse the approach of judicial self-restraint,and make cautious and prudent awards regarding the issues of jurisdiction and merit.关键词
国际法院/不应诉/司法自限/海洋争端解决机制/南海争端Key words
International Court of Justice/non-appearance/judicial self-restraint/UNCLOS dispute settle-ment mechanism/disputes of the South China Sea分类
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张华..国际海洋争端解决中的“不应诉”问题[J].太平洋学报,2014,(12):1-12,12.基金项目
国家社科基金项目“我国南海权益维护及其两岸合作机制的法律研究” （）
