Research China Apply The Disputes Settlement Body Of<United Nations Convention On The Law Of The Sea>

Nowadays, The Disputes Settlement Body of <United Nations Convention on the Law of the Sea> is the primary method to solve the international maritime disputes. The body formulates a series of disputes settlement procedures to deal with the maritime issue among treaty powers and set up The International Tribunal for the Law of the Sea and The Arbitration Court to apply the compulsory procedures in some certain cases. At the circumstances of international maritime issue changing rapidly, the Settlement Disputes Body indeed rise the positive functions in maritime disputes settlement. But <United Nations Convention on the Law of the Sea>also limit its compulsory procedures in some certain condition example when the body dealing with the remote historical issues, especially if some states parties submit their Reserve Declaration. In terms of the Reserve Declaration’s legal effectiveness, whether it can limits the compulsory procedures or not? if it works, to what extent and which certain procedure be directed against? What influence will bring to the international situation in present and future? All of these questions are waiting for us to settle.This essay is divided into four sections, In the first section, Author introduce the general background of the <United Nations Convention on the Law of the Sea>.Then detailed explains The Disputes Settlement Body, include its application range, method and procedure regulation. At the last of this section, Author summarize The Disputes Settlement Body’s characteristic and principle in academically and how states parties apply to the system actually in the past more than 20 years. In the second section, author main analyses the body’s clause bout the sea boundary delimitations, it includes which source of law should be abide by when dealing with sea boundary delimitations issues and how to define the sea boundary in common conditions and what is the exceptions. At the last of second part, author particular analyses the Chinese Reserve Declaration’s legal effectiveness about the sea boundary delimitations. In the third section, author analyses the happened cases which apply to the body. On the one hand, author analyzes the background; assertions of both parts, strategies and the international influence of the dispute between China and Phippine in the Chinese south sea and make the suggestions after conclude the present situation. On the other hand, author refers to the sensitive dispute between China and Japan and in the legal aspect analyzes the general condition and both sides’assertions. According to the theory of the body and existing practical experience analyze the maritime disputes between China and Japan then performed the feasibility analysis about apply the disputes to the Settlement Disputes Body. In the fourth section, essays analyze the advantages and the disadvantage of China participates in the Settlement Disputes Body to dealing with the Chinese south sea dispute. In consideration of the complicated political and legal factors and weigh the national benefits, analyzes why China refuse participates in the Settlement Disputes Body’s preliminary procedure. Above all, author went a step further to analyze in a legal point of view and made a advise to china that how to participates in the Settlement Disputes Body.