A Study On Jurisdiction Issue Of Mixed Disputes

The South China Sea arbitration has drawn wide attention of the public,several of the fifteen submissions submitted by Philippines related to mixed disputes,the issue of jurisdiction over mixed disputes has become a hot topic,the article will discuss the related issues,the article is divided into five chapters.The first chapter mainly elaborates the definition and origin of the mixed disputes.The definitions of mixed and dispute should be discussed to get the definition of mixed disputes.The mixed disputes is that involving territorial sovereignty and maritime rights.Differences between countries in the way of achieving sovereignty over islands and the ambiguity of the United Nations Convention on the Law of the Sea to the mixed disputes have led to the origin of the mixed disputes.The second chapter introduces the standards of the establishment of the jurisdiction of the mixed disputes under the Annex 7 of the United Nations Convention on the Law of the Sea,including jurisdiction ratione materiae,autonomy of will and the center of gravity test.It contends that the center of gravity test applied by the tribunal in the Chagos arbitration case can ensure the relatively accurate qualitative of mixed disputes.The third chapter is mainly about the influences of the provisions of the section 1 of the part XV of the United Nations Convention on the Law of the Sea on the issue of the jurisdiction of the mixed disputes.The provisions of Art 281 about "procedure where no settlement has been reached by the parties" and the provisions of Art 283 about "obligation to exchange views" institute the "pre procedure" when the parties of the dispute try to submitted to compulsory procedures of the United Nations Convention on the Law of the Sea.However,in the international judicial practice,the courts often adopt a looser judgment model of above two provisions.Art 298 constitutes the limitations and optional exceptions to applicability of section 2,like a "safety valve".Art 300 of Part XVI provides for "good faith and abuse of rights".Some scholars believe that Art 300 leads to the exception of the compulsory procedures entailing binding decisions.But this view is controversial.The fourth chapter focuses on the South China Sea arbitration,and how tribunal to deal with the jurisdiction of the Philippines’ appeals.By analyzing the nature of the fifteen appeals of Philippines and whether they constitute mixed disputes,exploring the arbitration tribunal’s approach to jurisdiction.The fifth chapter analyzes the expansion of the arbitration tribunal for handling the problem of mixed disputes’ jurisdiction,and contrast between Chagos Islands arbitration and the South China Sea arbitration,analysis the impact of the expansion of the arbitration tribunal for handling the problem of mixed disputes jurisdiction.