The Research On The Prima Facie Jurisdiction Of The Provisional Measures For The ITOLOS

Under the current international circumstance, all nations devote to develop their military, economic and other aspects ability to improve their international status. With the improvement of ocean status in international strategy, it becomes a important index to measure nations’ comprehensive strength and weights that nations can occupy strong position in international new order. However, during the period of nations" development, globalization becomes an irreversible tendency. All kinds of political, economic and cultural benefits weaved together, so between the various international bodies, it is unavoidably existing conflicts, contradictions and disputes.International bodies shall follow the customary international law and the demand of international principles to peacefully settle down dispute, forbidding any the use of force and threat of force. If disputing state parties can not reach treaties by their-self choice, they are obliged to resort to mandatory disputes settlement system, following the restriction and exception of UNCLOS as the premise to give a verdict UNCLOS offers four optional methods:ITLOS, International court of justice, arbitral tribunal formed by the7th appendix of UNCLOS and the special arbitral tribunal formed by the8th appendix of UNCLOS. On the basis of UNCLOS the article28, Disputing state parties have the right of choosing one or more above method by statutory declaration which will be stored in the UN secretariat.ITLOS is an independent judiciary established by UNCLOS, whose aim is to judge or explain disputes arising by the implement of UNCLOS. The court headquarter is located at the Hamburg, German. The court Jurisdiction includes that all disputes in accordance with UNCLOS and its implementing attachment resort to court and other treaties in special regulations give court Jurisdiction.Since the establishment of ITLOS in1966,22cases have been registered. This thesis mainly discuss cases relating to ITLOS, also combine the provisional measures decided by ITLOS with justices’ opinions and interpretation to delve the Prima Facie Jurisdiction of ITLOS.the content of thesis divides into four partsThe first part makes a short statement of Prima Facie Jurisdiction, mainly from features, functions, necessary and relevant issues to analysis, mastering the knowledge of Prima Facie Jurisdiction under the microscope and laying the groundwork when below content specially analyses Prima Facie Jurisdiction. The second part, using the Prima Facie Jurisdiction of ITLOS as identified standard, expatiate these three aspects subject, disputing matter and ratification requirement. The third, thesis studies the Prima Facie Jurisdiction of ITLOS procedural problem. In the last, thesis discusses the enlightenment of ITLOS to China and the attention need to pay in the practical filed, so as to have benefit to solve more and more complicate dispute on the sea, better defend China legal maritime rights and interests...