A Research On The Problems Of Detained Seafarers' Relief Rights In The International Tribunal For The Law Of The Sea

International Tribunal for the law of the Sea dispute is comprehensive treatment convention 1982<UNCLOS>under established based on professional courts.Since its establishment in 1996,the trial of 25 cases,including 9 cases for rapid release program in recent years,a rapid release of the case dispute were submitted to the International Tribunal for the law of the sea.Along with the vigorous development of international shipping industry,flag ships and sailors were seized in the port when circumstances have occurred,which relates to the illegal detention of seafarers' rights can not get timely relief.The ship will rescue the ship out to seafarers and,often negotiate with the PSC consultation no will be submitted to the court the rapid release program,by providing margin or property guarantee to the port state requirements,port state ship and was illegally seized.For this release,The seafarer is illegal remedies are mostly concentrated in the rapid release process of the court in the International Tribunal for the law of the sea as the angle of view,to the court of jurisdiction,procedure filed,applicable law and the enforcement of the arbitration award in order to explore the legal issues of illegal detention by seafarers rights relief.In the court to determine whether it has jurisdiction over the case on the issue of jurisdiction exists conflict between the court and the International Court of justice,the court and the International Court of justice is the relationship between parallel,leadership,not control,so in the event of conflict of jurisdiction on individual cases will be difficult to solve,resulting in prolonged rescue seamen.In the initiation of the procedure,there are application subjects,conditions for flaws and other issues;for the trial of the law,there are scattered,the lack of mandatory regulation such as specific factors affecting the seafarers' rights relief;finally in the enforcement of the award,there is a legislative blank phenomenon on the execution behavior of subsequent provisions,no institutional and legal norms to supervise and responsible for the implementation of the behavior decision,enable rapid release procedures become a person sentenced to neglect "relief" program.This series of problems will have adverse effects on the illegal detention of seafarers rights relief,we need to analyze and solve the problems,the seamen's rights relief the problem can be properly solved.In the policy of "The Belt and Road" ocean strategy country in the lead,is a maritime power from the ocean power.We should understand to master the methods of international judicial institutions for seafarers relief of the right way,through a comparative study to improve the existing problems in our country in this regard,full and effective rights protection to seafarers in China.Our contributions to the development of good policy strategy of marine power.