| Annex ? Compulsory Arbitration is one of the compulsory dispute settlement procedures in United Nations Convention on the Law of the Sea,and it is also a kind of general provisions.In addition to the limits and exceptions which are specified in the convention,states parties can't eliminate any compulsory jurisdiction of the court of arbitration arbitrarily.At the same time,countries may unilaterally bring forward Annex ? Arbitration under certain conditions.Due to the mandatory and unilateral will,Annex ? Arbitration has become one of the widely-used sea dispute settlement procedures.In January 2013,the Philippines unilaterally submitted the dispute of the South China Sea with China to the court of Annex ? Arbitration.It was a final decision made by the court of Annex ? Arbitration until July 2016.The whole case has been lasted for three years.As a result,it not only captivate Chinese concern,but also make the world's attention focused on the South China Sea.This paper starts from The South China Sea Arbitration,and tries to analyze the design flaws of Annex ? Compulsory Arbitration.This paper mainly consists of four parts.The first part simply introduces the process of The South China Sea Arbitration and the attitudes of both sides,bringing in the concept of Annex ? Arbitration.The second part analyzes the nature,characteristics,application premise of Annex ? Arbitration in detail,foreshadowing for the following argument.The third part focuses on the design flaws of Annex ? Compulsory Arbitration,which shows that Annex ? Arbitration lacks in concerning territorial sovereignty on the standard fuzzy,"exchange of views" on the judgment of the arbitration system standard fuzzy and the deficiency of fairness.Meanwhile,this paper notes that it was because of the design flaws of Annex ? Compulsory Arbitration that The South China Sea Arbitration can be judged on the court of arbitration.Finally,the article puts forward some ideas when China faces sea dispute in the future. |
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