A Study On The Optional Exceptions To Applicability Of Compulsory Procedures Entailing Binding Decisions Of UNCLOS

Since the maritime disputes varies from country to country and involves sovereign rights and benefits, as the most authoritative maritime law convention, the "UNCLOS"(herein below short for "the Convention") allow all parties in dispute to settle the disputes by peaceful and negotiatory means. But the dispute settlement mechanism constituted by part XV and appendix in"The Convention" is mandatory in some degree and not absolute, Article298, paragraph1in "The Convention" is the optional exceptions to applicability of compulsory procedures entailing binding decisions. The clause regulates the disputes which apply to the optional exceptions. These disputes include maritime delimitation, historical title and military activities, etc. This article will decode the issues related to optional exceptions to applicability of compulsory procedures entailing binding decisions and apply to the current maritime disputes practice of our country. There are four parts listed below:PartI:A presentation of the legislative background of the optional exceptions to applicability of compulsory procedures entailing binding decisions in "The Convention", which will analyze from both international and country interests.Part Ⅱ This part presents the different Kinds of disputes apply to the optional exceptions to applicability of compulsory procedures entailing binding decisions，the contracting states can claim for exception for the below three category, totally five disputes. The first one is the disputes related to maritime delimitation, which include territorial waters delimitation, exclusive economic zone delimitation and continental shelf delimitation, The Second is the disputes related to historical bay and title. The third one is the military activities disputes, And the last one is disputes of fisheries enforcement and research enforcement, which is exactly the dispute that is executing by the United Nations Security Council endowed under the "UN Charter".Part Ⅲ:In this part, two situations are presented as the optional exceptions to applicability of compulsory procedures entailing binding decisions special situations. That means no exception claims shall be made for the two disputes. The first one is the mandatory mediation disputes which compliance with three limited conditions. And the second one is disputes related to sovereign rights and existing basis.Part IV:This part is the practice of the clause in our country, combine the situation of our country, such as the disputes related to maritime delimitation, historical title and military activities with Philippines, South Korea and Japan. This article can, be used as a guideline for the above disputes. And we will get a good understand on the disputes that can be excluded from compulsory procedures.