Flashcards Studio

The Philippines and State Z concluded the Treaty on Shared Archipelagic Baselines and Ocean Resource Management (SABORM) in 2023. The treaty contains a compromissory clause: 'Disputes arising under this Treaty shall be submitted to the International Court of Justice for resolution.' The Philippines has ratified SABORM; State Z has not completed domestic ratification and contends that it is not bound by SABORM or the ICJ clause. A dispute has arisen over the delimitation of archipelagic baselines and cross-border ocean-resource-sharing obligations between the two States.
(a) Identify the central doctrine governing peaceful settlement of international disputes that applies to these facts.
(b) Distinguish the controlling rule on whether a treaty-based compromissory clause binds a state that claims it lacks domestic ratification.
(c) Apply to these facts: can the Philippines bring the dispute to the ICJ given State Z’s non-consent? If not, what alternative peaceful settlement avenues remain under international law?