Study On Identification Of The Urgency Situation Of ITOLS's Provisional Measures

Provisional Measures is an important system of ITLOS.It has made great contributions to the settlement of maritime disputes and the maintenance of maritime order.In the process of applying Provisional Measures,it is one of the key factors to identify the Urgency Situation.There are some problems in the process of the identification of the Urgency Situation,such as the excessive discretion and the unclear standard.The paper is divided into five parts to analysis on the identification of the Urgency Situation.Part One:The introduction of Provisional Measures and the Urgency Situation.Three features of Provisional Measures make it become one of the most important systems of ITOLS.As one of the necessary conditions for Provisional Measures,the Urgency Situation means there is a real and imminent,irreparable damage.Part Two:The reasons and basis for identification of the Urgency Situation.The nature of Provisional Measures determines that the Urgency Situation is one of the necessary conditions.Therefore,it is necessary to identified the Urgency Situation.The basis of identification of the Urgency Situation is the 290th of the UNCLOS,and the 89th of the Rules of ITLOS.Part Three:The identification standard of the Urgency Situation.The identification standard of the Urgency Situation is mainly from two aspects:risk and urgency.Risk means there is a real irreparable damage.Urgency refers to the situation is imminent.Part Four:Other problems in the process of the Urgency Situation identification.The Urgency Situation often encounter "Scientific Uncertainty" in the process of identification.This makes the identification become more complex."Precautionary Principle" as an important concept in international environmental law,combined with "scientific uncertainty",is very conducive to identify the Urgency Situation.Part Five:The inspiration of identification of the Urgency Situation.The identification standard of the Urgency Situation mainly comes from the law,the ITOLS practice and the reference to other international judicial organizations.It is necessary for ITOLS to make clear the identification standards.China has not yet had the practice of the Provisional Measures in ITOLS.To strengthen the study on identification of the Urgency Situation is conducive to the protection of marine rights and interests in China.