Research On View-exchanging Obligation In Unclos

It has become an international practice to solve disputes peacefully since the ancient times. Between countries, peaceful dispute settlements such as negotiations are commonly adopted, which testifies the determination to solve problems peacefully as well as the necessity to extend the peaceful settlement to disputes and to make more research on this settlement in international law. After the birth of UNCLOS,friendly dispute settlements have become general rule and are playing important rules in dispute settlement mechanism. With more and more attention paid to maritime rights, the view-exchanging obligation mentioned in provision 283 can be the most important way except for traditional dispute settlements such as negotiation or else in anti-compulsory regulations. As a result,from where the writer stands,it is necessary to make a research on the topic by analyzing its history,Its content rationality,the standard of the limitation. the principle and the defects in juridical practices. To make a brief but comprehensive statement on view-exchanging obligations, the whole article is divided into 3 parts: the introduction 、 the body and the conclusion. And in the body part, the author will discuss from 5 aspects so as to have a deeper understanding on view-exchanging obligation.In the first part,the writer mainly talks about the background of the birth of view-exchanging obligation in UNCLOS as well as the influence from relative treaties and makes a brief but comprehensive statement on view-exchanging obligations,which is in fact a statement on emergence and development of view-exchanging obligation .In the second part, the writer mainly talks on the position of view-exchanging obligation in dispute settlement mechanism in UNCLOS.As a result, to show the importance of view-changing obligation,it’s necessary to have a discussion on the object and purpose of UNCLOS and analyze concrete provisions as well as the general provisions in XV part of the treaty. To have a deeper understanding on its special status,the writer also talks about the setting of enforcement program of view-exchanging obligation and make a presentation on 3 case in which the obligation can be applied, which show the special role the view-exchanging obligation plays.In the third part, the writer mainly talks about rules on counting the limitation period,such as rules on when to start and when to end. Only then can view-exchanging obligation be better applied in dispute settlement.In the fourth part, the writer aims to cover the principles when carrying out the obligation. These principles include principle of good faith, principle of autonomy and principle of mutual trust and reciprocity, which shows the natural legal-attribute of peaceful dispute settlement of view-exchanging obligation.In the fifth part, the writer take the arbitration case between China and Philippines as an example to show the active factor in the case so as to help to solve disputes in South China with the view-exchanging obligation.In the end, the writer makes a conclusion on the whole passage and reaffirm the important role view-exchanging obligation will play in the future.