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The Research On The Jurisdiction Of The International Tribunal For The Law Of The Sea

Posted on:2014-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:J XuFull Text:PDF
GTID:2256330401478024Subject:International law
Abstract/Summary:PDF Full Text Request
With the development of technology and society,maritime dispute is becomingthe focus of every country.The peaceful settlement of international disputes is afundamental principle of international law,among this,solving the disputes whichusing legal methods is becoming a trend.The International Tribunal For The Law ofThe Sea is a dedicated international judicial institution which established under theUnited Nations Convention on the Law of the Sea,it has played a very important rolein the settlement of some maritime disputes in recent practice.China has not acceptedthe court’s jurisdiction,but in the near future,China is bound to use the court to defendtheir maritime rights and interests.Therefore,the jurisdiction of ITLOS,as well as themanner to accepted its jurisdiction of our country is worth studying.In this issue,the writer states the meaning,characteristics and basis of the court’sjurisdiction,then analysis the standard and procedure of the jurisdiction with itspractice to summary the regular pattern.Meanwhile,the writer put forward ownopinion on accepting the court’s jurisdiction to make better use of this body to resolvemaritime disputes and safeguard maritime rights.In addition to forward andconclutions,this paper includes four chapters.The first chapter is an overview of the jurisdiction of ITLOS.The writer calrtifythe history of formation and function,summarize the meaning and characteristics of its jurisdiction,analysis the basic of the jurisdiction.Then the writer further analysis themeris of the study of jurisdiction of ITLOS.The second chapter is states the standard and procedure of the jurisdiction ofITLOS.The standard includes parties and matter of disputes,the procedure includesmain body, preliminary Proceedings, objections to jurisdiction.In the Third chapter,the writer choose four newest case to analysis the origion,the focus of the case and the court’s reason to establish its jurisdiction.Then the writermake a commentary for each case.In the fourth chapter,the writer starts from the retention of the court’s jurisdictionby government of China,analusis its problem and put forword own suggestions.Finally,the summary of this issue is written in the last paragragh.
Keywords/Search Tags:Jurisdiction, ITLOS, Settlement of Disputes
PDF Full Text Request
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