The Research On The Provisional Measures Of The International Tribunal For The Law Of The Sea

The International Tribunal for the Law of the Sea is a judicial organization that explain and solve the convention applicable disputes in accordance with the provisions of 1982 UN Convention of the Law of the Sea.The provisional measures in the practice of the Tribunal accounted for a large proportion and played a large role in solution of Maritime disputes.The provisional measures also have some problems in the practice especially the prima facie jurisdiction and the judgment standard of the urgency of the situation.In this paper,the writer analyzed the prima facie jurisdiction and the judgment standard of the urgency of the situation with some cases.The writer also analyzed that China can take advantage of the United Nations convention on the law of the sea especially the provisional measures procedure to resolve the dispute and Safeguard the maritime rights and interests through a variety of ways in the current circumstances.In addition to forward and conclusions,this paper includes four chapters.Chapter one is an overview of the provisional measures procedure of ITLOS. This chapter introduced the the general law provisions of the provisional measures procedure and the value of the procedure,analyzed the problem provisional measures faced and put forward the question of this paper.The second chapter is the analysis of prima facie jurisdiction,explored in detail the standards of the tribunal for the prima facie jurisdiction through the M/V "SAIGA" Case and the MOX Plant Case,analyzed the differences between the tribunal and the arbitration tribunal about the standard in determining jurisdiction through the Southern Bluefin Tuna Cases.The third chapter is the analysis of the standard of the urgency of the situation when the tribunal prescribe provisional measures,analyzed in detail the view of the parties and the tribunal to the standard.In the fourth chapter,the writer conceived that China can take advantage of the United Nations convention on the law of the sea especially the provisional measures procedure to resolve the dispute.The writer analyzed the the current China’s position first,then analyzed that China take advantage of the provisional measures procedure to safeguard the maritime rights.Finally,the writer concluded the viewpoint of this paper by the summary.