Why states refuse to participate in judicial proceedings: uncovering key reasons and historical evolution

Abstract

Abstract Over the past decade, non-participation in inter-state cases has been on the rise. While previous research on the topic has centred around the impact of states' non-participation, this article delves into the reasons behind non-participation. By analysing states’ public statements, diplomatic documents, informal correspondence with adjudicators, as well as commentators’ views, this article describes the evolution of reasons for non-participation. The research reveals that over time, more states refer to jurisdictional objections, doubts about the impartiality of adjudicators and concerns about the strategic use of judicial proceedings for achieving political goals as reasons for non-participation. Moreover, the reasons behind non-participation have become increasingly diverse. These findings suggest a growing sense of distrust and suspicion towards the use of international courts and tribunals to resolve inter-state disputes.