Study On Issues Of Intervention In The International Marine Dispute Settlement

Intervention in the international law sense is a kind of incidental proceedings in litigation.The original intention of creating the intervention system is to prevent and dissolve the international disputes,and avoid the impact on the legal interests of third parties,and limit the jurisdiction of international adjudication bodies,and avoid that the coverage of impact of case is too large.The current research on the issues of intervention in the framework of international marine dispute settlement is relatively weak,the dissertation intends to analyze from the following five aspects:Chapter ? analyses the overview of intervention in the international marine dispute settlement.This part researches the concept of intervention,the nature of intervention,the theory of intervention,the history of intervention.The concept of intervention mainly embodies the article 62 and 63 of the statute of International Court of Justice,and from the article 81 to the article 86 of the rules of the rules of International Court of Justice,the article 31 and 32 of the Statute of the International Tribunal for the Law of the Sea,the article 99,100,102,103 of the rules of the International Tribunal for the Law of the Sea.The analysis of characteristics of intervention mainly through the incidental proceeding and litigation.The theory basis of intervention mainly includes the principles of consent and the principle of res judicata.The history of the intervention of international marine dispute settlement can be divided into the embryonic stage,stage of development and maturity.Chapter ? discusses the identification of intervention in the international marine dispute settlement.The breakthrough points of the research include bases,criteria and necessary steps of adjudication of identification.The bases of identification of intervention are different in the different International dispute settlement organizations.The part of identification of criteria of intervention analyzes the subject qualification,legal interests,the jurisdiction of the association and so on.The identification of subject qualification of intervention includes the basic standards and basic form of qualification.The breakthrough points of analysis of the identification of legal interests of intervention are the demonstration of the legal interest and the purpose,and the legal interest and the allowed intervention.The analysis of the identification of the link of jurisdiction of intervention is combined with the form and doctrine of intervention.The part of necessary steps of adjudication of identification of intervention mainly includes transmission information concerning intervention and hearing the relevant opinion before ruling and judging whether judgment is priority or not and so on.Chapter ? analyses the rights and obligations of the applicant of intervention in the international marine dispute settlement.The rights of the applicant of intervention mainly include the rights of obtaining relevant information and submitting written statement and the appointment of judges ad hoc and expressing opinion about the subject matter of intervention.The obligation of the applicant of intervention mainly include the obligation of appropriate purpose and appropriate time and obtaining evidence legally and obeying the judgment.Factors affecting the exercise of the right of the applicant mainly include limiting the expansion of jurisdiction and expressing an opinion to the request of intervention and so on by parties.Factors affecting the performance of the obligations of the applicant mainly include objecting the request of intervention and expressing an opinion to the allowed intervention by parties.Chapter ? discusses the limits of intervention in the international marine dispute settlement.This part includes the claim is not a dispute,leading to the introduction of additional disputes,disputes over territorial sovereignty,disputes involving multilateral treaties interpretation,and disputes involving international propriety.In terms of the claim is not a dispute discusses the definition of the dispute in international adjudication and the restriction of intervention of the claim which is not a dispute.In terms of leading to the introduction of additional disputes analyzes the definition of the leading to the introduction of additional disputes,and the restriction of intervention of the leading to the introduction of additional disputes.In terms of disputes involving multilateral treaties interpretation dissects the definition of the disputes involving multilateral treaties interpretation and the restriction of intervention of the disputes involving multilateral treaties interpretation.In terms of disputes involving international propriety discusses the connotation of international propriety and the restriction of intervention of international propriety.Chapter ? dissects the reflection and the coping strategies of China of the problems of intervention in the international marine dispute settlement.We can discover that the intervention has several trends through the representation of intervention in practice,such as the generalization of reality application,the more in-depth of court game,the more clear of standard of decide,the more rich of limiting factors,the expansion of the scope of jurisdiction.In the process of reasoning about intervention in the analysis of the international marine dispute settlement problems,this article analyses the problems of compulsory arbitration proceedings and the apply of intervention,and the self-healing of jurisdiction of Intervention.In the international marine dispute settlement,China has the possibility of applying intervention,which reflects on the China's attitude towards the international court of justice and the international tribunal for the law,Chinese judges at the international court of justice and international law court,the practice of the international court of justice and the international tribunal for the law of China and so on.In terms of the specific coping paths,China should choose the right time,the appropriate situation and deal with them through various ways.