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The Republic of the Philippines and the Kingdom of Kalinga sign the Treaty on Peaceful Settlement of Territorial Disputes (TPSD), which provides three stages: Stage 1 – direct negotiations within 20 days of invocation; Stage 2 – appointment of a neutral mediator who must issue a non-binding report within 40 days if Stage 1 fails; Stage 3 – if Stage 2 does not yield an agreement, the dispute may be submitted to binding arbitration under the Permanent Court of Arbitration (PCA) provided both states consent after Stage 2. The Philippines invokes Stage 1, but Kalinga refuses to participate in negotiations. (a) Identify the controlling doctrine on the obligation to settle disputes by peaceful means and explain its bearing on the design and progression of the TPSD. (b) Distinguish which steps are binding and which are non-binding, focusing on how a party's refusal to participate affects progression to Stage 2 and Stage 3. (c) Given Kalinga’s refusal, can the Philippines proceed to Stage 2 or Stage 3 unilaterally? Explain with governing rules and a brief conclusion.

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