On The Settlement Of Maritime Dispute

With the development of the use of human sea, international oceancompetition gradually into the white-hot, and complicated international Marinedisputes also follow, in order to maintain their own Marine rights, is called the"Marine Constitution”of United Nations convention (hereafter referred to as theconvention) in the world the concerted efforts of all countries in1982andsigned in1994finally came into effect.The signing of the convention marks theestablishment of the new understandings of the order taken the first step. Thisconvention content is very comprehensive, of which the convention on disputesettlement mechanism in the provisions of part15, also including conventionpart eleven section5, convention accessories five or six, seven, eight, accountsfor about a quarter of all convention terms. This mechanism is in theinternational dispute settlement on the basis of practice, not only to thetraditional dispute settlement method of the regulations, a series of innovation,regulations, a set of multiple solution mechanism. In recent years, our country and the neighbors of the Marine jurisdictionownership dispute increasingly fierce, explore a peaceful solution to the seadispute resolution mechanism is a priority. To make full use of the UnitedNations convention on the, establish relevant belongs to own ocean managementsystem, to maintain their own Marine rights, this paper is divided into sevenparts, this paper discusses the following:The first part introduces the third United Nations first law of the meetingand the basic situation of the1982convention, then the convention "peacefulsettlement of disputes obligations" is analysed and convention dispute resolutionmechanism is "a peaceful solution to the" starting point, the contracting statechoose convention dispute settlement way outside of the peaceful settlement ofdisputes.The second part of the negotiations and mediation this two kinds ofpeaceful resolution of disputes the traditional way are introduced in this paper.The third part of the convention to lead to binding of four of thecompulsory process are expounded, the paper analyzes four program their composition, jurisdiction, the specific procedures and ruling of the introduction,probably understand the convention’s four compulsory process respectivelyapplicable problem.The fourth part explains in detail the convention in the binding ofcompulsory process of the limits and the optional sex exceptions. This part ofthe program cannot be applied to all kinds of disputes compulsory conventionare briefly described.The fifth part emphasise the temporary measures and rapid release program,because the two program in the dispute settlement of the dispute is not directly,but in which play an important role.The sixth part analyzes our country to facing the ocean dispute China’socean and dispute settlement mechanism of the present situation and the existingproblems, and puts forward the improvement of China’s ocean disputesettlement mechanism suggestion.Conclusion, our country should be good at using convention sea disputesolution, but more should perfect Marine management system.