Provisional Measures Of ITLOS From The Perspective Of "the Land Reclamation Case"

The land reclamation case concerning Singapore and Malaysia is the fourth case accepted by the international tribunal for the law of the sea(ITLOS),regarding provisional measures,which is also the first case in the international law which submitted to a third party settlement mechanism by two adjacent countries concerning land reclamation activities.Though it has been for over 5 years from prescribing provisional measures by the international tribunal for the law of the sea, papers concerning systemic research on this case remains very limited in our domestic academic community,according to the author's available material.In a sense,it's an innovation of this paper,but it is only one aspect of the matter,for on the other aspect,it is also a disadvantage for this article because of lack of related material.Through analysis of the case thoroughly,on the one hand,the author try to conduct a more in-depth study on the provisional measures before the international tribunal for the law of the sea and,on the other hand,in view of our reclamation projects are proceeding in a large scale around the whole country,and further more,the whole country seems to set off a new wave of land reclamation activities,the author hopes that we could learn lessons from the land reclamation case in order to nip trouble in the bud when facing the same dispute..The preface firstly,simply narrate land reclamation activities around the world as well as it's negative impact on the ecological environment,secondly the author points that the combination of Worldwide land reclamation activities and the negative impact of land reclamation could easily leads to a dispute between countries adjacent on this issue,just like the famous case,case concerning land reclamation between Singapore and Malaysia.This paper consists of three chapters in addition to Preface and Conclusions.Chapter one analysis the founding and compulsory jurisdiction of the international tribunal for the law of the sea and the general issue of it's provisional measures,and through a comparison between provisional measures before international court of justice(ICJ) and the international tribunal for the law of the sea,the author intend to get a better understanding of the provisional measures before the international tribunal for the law of the sea. Chapter two discusses fully on the "case concerning land reclamation by Singapore and Malaysia".Firstly,the author reviews the whole details of the dispute from the happening of the dispute,the prescribing of provisional measures prescribed by the international tribunal for the law of the sea and the amicably settled of the dispute.Secondly,the author analyses the involved issues on this case, such as jurisdiction,exchange of views,urgency of the situation,and so on.Finally, there is an extended research on the precautionary principle and the principle of cooperation which maybe involved in all the cases regarding provisional measures before the international tribunal for the law of the sea.Chapter three elaborates the author's shallow views on the revelation of the land reclamation case between Singapore and Malaysia,concerning the disposal of dispute when facing such similar situation,on the reality of our country's land reclamation activities.