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Question
Two states, the Republic of the Philippines and the Kingdom of Tamar, sign the Treaty on Peaceful Settlement of Maritime Disputes (TPSMD). The TPSMD provides a three-stage mechanism: Stage 1 – direct negotiations within 20 days of invocation; Stage 2 – appointment of a neutral mediator who must render a non-binding report within 30 days if negotiations fail; 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 Tamar refuses to participate in negotiations. Question: (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 TPSMD. (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 Tamar’s refusal, can the Philippines proceed to Stage 2 or Stage 3 unilaterally? Explain with governing rules and a brief conclusion.