A Study On The Exhaustion Of Local Remedies Of The United Nations Convention On The Law Of The Sea

The full text includes an introduction, five main text section, conclusion, a total of37,000characters.Exhaustion of local remedies is recognized in the international community, which is widely used rule of international law. In the dispute settlement mandatory program of mechanism on sea,"The United Nations Convention on the Law of the Sea"(hereinafter referred to as "the Convention")although the practical application of this principle is a very complex and ambiguous. However, Faced with fierce competition in the interests of the ocean, on the principle applies that our state is essentially blank in maritime disputes.The first part is to explore exhaustion of local remedies on theory issues. It is applicable general rules in maritime disputes:a country lead to foreign private direct infringement and the existence of jurisdiction to it. By comparison with the initial program, the preliminary objections clearer grasp of the principles of compulsory dispute settlement procedures in the ocean’s role.The second part discusses exhaustion of local remedies in the exclusive economic zone of freedom dispute, marine environmental dispute applicable, which is characteristic of the exclusive economic zone and the above dispute matters particularity decision.The third part discusses exhaustion of local remedies applications are restricted including within water and territorial waters disputes, natural resources and jurisdiction within the exclusive economic zone the rights of dispute, in order that balance the interests of all countries and of marine power of compromise.The fourth part discusses exhaustion of local remedies are applicable excluded in the territorial and maritime delimitation disputes, military activities, although for the international seabed area tort and contract disputes, rapid release, temporary measures in line with the principle of exhaustion of local remedies generally applicable rule, but they should be excluded the application of the principle.The fifth part discusses exhaustion of local remedies bring thoughts in resolved to our state maritime disputes. It describes the important role of the principles in the construction of maritime power in our country, discusses the principles of our state’s inadequate and recommendations for improvement in the theory, practice.The country must take proactive action and give full play to the principle of exhaustion of local remedies in addressing the role of maritime disputes if it wants to resolve maritime disputes which currently is facing maritime disputes and safeguards its maritime rights, in order to create conditions for the construction of a positive power.