China’s Informal Participation in the Annex vii Philippines v. China Arbitral Tribunal’s Proceedings

Abstract

The Annex vii arbitral tribunal in The Philippines v. China is set to continue its proceedings after 15 December 2014. China will have to bear the legal consequences arising from its non-participation. With reference to the practice of the absent respondent States in the International Court of Justice’s contentious proceedings, China could participate in the tribunal’s proceedings by way of informal communications or informal appearance. China’s informal participation could help assist the tribunal in relation to its arguments or related evidence. This would help the tribunal address the question as to its jurisdiction and merits of the dispute.