Research On ITLOS’s Jurisdiction

“If the name is not right then speech will not be in order, and if speech is not in order then nothing will be accomplished.” Today maritime delimitation disputes, which means to interests contention in nature, always are contended in the name of “Law of the Sea Convention”. Now, China’s neighboring countries have been accustomed to damaging the interests of China under the name of “Law of the Sea Convention.” Any attempt to put aside “Law of the Sea Convention” to protect their own rights and interests would be almost impossible to succeed. International Tribunal for the Law of the sea is one of the institutions to accept the disputes of interpretation or application arising from “Law of the Sea Convention.” Actually, the Tribunal exercise its jurisdiction over Section15of “Law of the Sea Convention” named “dispute settlement” in the interpretation and application and made fruitful results. China’s maritime rights and interests of today face enormous challenges, in-depth study of the practice of the Tribunal’s jurisdiction provide useful lessons for the maintenance and development of China’s marine interests and Ocean policy formulation.According to practice the “Law of the Sea Convention,” and the Tribunal, from the perspective of the system of jurisdiction of the Tribunal’s jurisdiction can be divided into pre-conditions, the main scope of jurisdiction and the jurisdiction of limitations and exceptions. The basic idea of the pre-conditions for the jurisdiction is that the traditional dispute resolution methods are in preference to compulsory dispute settlement process under the UNCLOS, and also reflects the respect for the principle of national sovereignty. The basic idea of limitations and exceptions to the compulsory dispute settlement means that the jurisdiction involving national sovereignty and sovereign rights should respect the wishes of the countries. Pre-conditions and limitations and exceptions reflect that the jurisdiction of the compulsory jurisdiction under the UNCLOS is only a way to the settlement of disputes by peaceful means rather than the establishment of a judiciary superior to States Parties. Practice in the jurisdiction of the Tribunal defenses is claimed around these parts. Tribunal has made rich fruit on the interpretation and application concerning the pre-conditions and temporary measures and the prompt Release of ship, crew procedures. Combined with China’s actual situation, life and property safety of fishermen could be better protected by the Tribunal jurisdiction. In the provisional measures proceedings, the Tribunal appears to become pre-procedure of ad hoc arbitration tribunal which constitute under the Annex VII of the UNCLOS, which result that the Tribunal’s decision has significant reference to arbitration tribunal. Learning from the practice of ITLOS, have signed the “the Declaration on the Code of Conduct on the South China Sea” which had been signed by both china the Philippines, belongs to the provisions of Article281of UNCLOS in the nature it is a “self-selection agreement”, by which a defense of the pre-conditions can be claimed to exclude the application of the compulsory dispute settlement, which means that the ad hoc arbitration tribunal has no jurisdiction on the case. According to the Tribunal’s practice can be brought to the Philippines to China to defend the mandatory arbitration proceedings instituted pre-conditions. In short, the claims is justified by the law, only one hand to enhance our own strength, on the other hand actively use the practice of the Tribunal, in order to better defend their rights.