A Study On The Provisional Measures Of ITLOS And Its Enlightenment To Our Country

The thesis consists of introduction, conclusion and body which contain four parts, with a total of thirty-three thousand words.Introduction:Through this study, we can get a better understanding and study about the specific provisions of provisional measures and the specific operation way of ITLOS in practice, hoping to offer some enlightenment to solve the relevant maritime disputes and to provide a reference to deal with the procedure of ITLOS in the future for our country.Part One:The introduction of the provisional measures of ITLOS. Despite the number of cases ITLOS dealing with from its establishment is not so many, it really plays a very important role in resolving the disputes on international maritime interests and promoting the peaceful development of sea. The purpose of provisional measures of ITLOS is to "preserve the respective rights of the parties to the dispute or to prevent serious harm to the marine environment". The provisional measures of ITLOS have the characteristics of mandatory, swiftness and non-substantial.Part Two:The procedural problems of the provisional measures of ITLOS. Primary jurisdiction can be divided into three categories. The standard of establishment of primary jurisdiction is:the preliminary evidence seems to provide a possible basis for the establishment of jurisdiction, and there is no obvious situation that the court has no jurisdiction over the substantive issues of the case. The influence factors include:there are other treaties among the parties, the parties whether fulfill the obligation of exchanging views and the statements of the parties.Part Three:The substantive issues of the provisional measures of ITLOS. It mainly includes the affirm of "consider appropriate", "urgency of the situation" and "at the risk of irreparable damage", the content and restrictions of discretion on provisional measures of the court. It aims to clarify their identification criterion and limitation by discussing the practice of the court.Part Four:The effect of the provisional measures of ITLOS and the enlightenment to our country. It concludes the practice of the provisional measures of ITLOS, discusses the situation of compliance with provisional measures by the parties and the effects. It aims to explore the significance of the provisional measures of ITLOS for our country.Conclusion:The report of the eighteenth meeting put forward the strategy of the construction of marine country, facing the changing maritime rights disputes, besides relying on political methods, our country must seek legal way if we want to be a marine country. Obtaining the jurisdiction of ITLOS through article 287 of the convention, making full use of ITLOS is a very important way to protect our maritime rights, and also the need of solving international disputes by a peaceful means. At the same time, in order not to affect our country's claims in the process of the trial, we need to increase the working efficiency of the government agencies.