On The Dispute Settlement Mechanism Of The Marine Rights And Interests

On the ground of the great unification of the economy and politics,the contest of resources especially marine resources has come to the intensest moment.Although every country has realized the integration of the marine resources,the huge interests stimulate all countries to protect their national marine rights and interests ,and participate in the activities of exploiting the high seas.During this kind of contest,there will be many disputes.Defining the range of national marine rights and interests of every country reasonably,preserving the freedom of the high seas,as well as constructing a reasonable mechanism of the dispute settlement of the marine rights and interests,will be the most important thing of global marine strategy in 21st century.From the present informations i have collected,the foreign research on the dispute settlement mechanism of the marine rights and interests has been through three stages,from the systematic analysis of the framework, to the stage of utilizing political ways in 1980s,and then to the stage of studying on legal ways.The development is slowpaced,and most part of the research focuses on the area of international dispute settlement or international trade field.So there has little development on the dispute settlement system of the marine area,how to perfect the dispute settlement mechanism in this field needs further elaboration.The domestic research about the dispute settlement of the marine rights and interests mainly focuses on the introducing and macroscale description of systems,and part of these research gravitates toward the description of present solutions and cases, or the analysis from the East China Sea issue,the South China Sea issue,and so on,to obtain the concrete solutions for these issues.Besides,the domestic research has put little attention on the study of traditional power-oriented dispute settlement mechanism of marine rights and interests and modern rule-based dispute settlement mechanism of marine rights and interests.This paper endeavors to combine the domestic and abroad researches,view power-oriented and rule-based as the main ground of the dispute settlement mechanism of marine rights and interests,analyse the features under different orientations,and moreover,obtain the rule-based trend of dispute settlement mechanism of marine rights and interests,propound suggestions for our country to take part in the building of rule-based dispute settlement mechanism of marine rights and interests.This paper is divided into five parts. The first part gives a basic overview on the history and current situation of maritime rights and interests and the disputes around them, Summarizes the new morphology of maritime rights and interests and come to the conclusion that the disputes around maritime rights and interests is with particularity and complexity.The second and third parts are the focuses of this paper.The second part deals with feature of the traditional power-oriented dispute settlement mechanism of maritime rights and interests,and further analyse the basic components of the power-oriented mechanism.The third part analyse the generating foundation and the basic components of the modern rule-based dispute settlement mechanism of maritime rights and interests.This part undertakes the study mainly based on The United Nations Convention On the Law of the Sea,and also takes ways such as arbitration, International Court of Justice and International Tribunal of the Law of the Sea into consideration,and at last gives a comprehensive analysis of the dispute settlement mechanism of maritime rights and interests in the context of The United Nations Convention On the Law of the Sea.Part four comes to the conclusion that in order to settle the disputes around maritime rights and interests in a more equitable way, the traditional power-oriented of the resolution mechanism of the disputes should gradually be amended by rule-based.Part four comes to this conclusion by analysing some new problems the dispute settlement mechanism faces under new situations,such as piracy, disputes over the right of hot pursuit at sea and suggestions on dealing with such problems.The fifth part gives suggestions on the role China plays in the construction of dispute settlement mechanism of marine rights and interests on the basis of summarizing the sea disputes China faces.