Phl hosts talks on judicial, arbitral decisions between states

MANILA, Philippines - The Philippines hosted a discussion on the enforcement of judicial and arbitral decisions between states on the sidelines of the International Law Week in the United Nations.

Legal experts from various permanent missions to the UN participated in the discussions on “The Enforcement of International Judicial and Arbitral Decisions.”

Sean Dean Murphy, a professor of the George Washington University Law School who keynoted the event, cited the proliferation of international courts and tribunals for the resolution of inter-state disputes. He also noted compliance with the decisions of international courts and arbitral tribunals.

Responding to a question in reference to the case filed by the Philippines against China before a UN tribunal and Beijing’s refusal to participate in the proceedings, Murphy said non-participation by a state presents some difficulties to the courts.

But while such a situation is unfortunate, he said the court still has to assess the merits of the case and issue a final and binding judgment.

“If all it took is not showing up for there to be no ability for the tribunal to issue a judgment, the whole system will fall apart,” he said.

He cited Article 9 of Annex VII of the UN Convention on the Law of the Sea, which states: “Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings.”