A Study On The Preliminary Proceedings In The Compulsory Procedures Of International Maritime Disputes

The Preliminary proceedings is an accompanying program of the compulsory dispute settlement system under the "UNCLOS". The application of this proceedings involves the exercising of sovereign rights in the EEZ by coastal States, and is closely related to states’ sovereign. At present, there is no specialized monographs and papers discussing this program. The research method of this thesis are literature analysis,interpretation of the provisions of law, comparative analysis. In addition to the introduction and conclusion, this thesis is divided into five parts.The first part is a background research of preliminary proceedings. The introduction begins with its legislative background, then analyzing the nature and origin of this proceeding. Finally concluding the concept、value and characteristics of preliminary proceedings.The second part is the research on the application of the preliminary proceedings in the process of its implementation.This chapter involves a detailed analysis of the subject of the preliminary proceedings, namely who has the right to initiate a preliminary proceeding, the scope of the preliminary proceedings, the results of the preliminary proceeding, as well as a preliminary proceedings of specific trial process.The third part analyzes the relationship between the preliminary proceedings and related systems. Comparative analysis method is used in this chapter to compare the preliminary proceedings with other relevant procedures under the UNLOS. Then further clarify the concept and characteristics of the preliminary proceedingsThe forth part analyzes the use of the preliminary proceedings. This chapter used case analysis method, the research point focus on the situation may involve the use of the preliminary proceedings.The fifth part is the revelation of preliminary proceedings to China. In handling China’s maritime disputes, we can reference for a preliminary proceeding involved the classification of related disputes,and treat them differently. It should also be improve and clear some of the provisions within the existing domestic legal framework.Preliminary proceedings which is designed to solve if the International Court of Justice,or the International Tribunal for the Law of the sea under the UNLOS has the jurisdiction over a case concerning particular disputes in the interpretation or application of the UNCLOS. While this proceeding on the one hand to prevent the parties to abuse the compulsory system, on the other hand to prevent abuse of the sovereign rights of coastal States. As a coastal state, in the exercising of sovereign rights we need to understand this proceeding to protect ourselves.