Research On Provisional Arrangements Prior To Maritime Delimitation In UNCLOS

Since ancient time, peaceful settlement of international disputes have become an international habits, but between the countries, the contradictions and conflicts are uninterrupted. Especially, as countries maintenance of maritime rights consciousness enhancement, islands sovereignty, maritime delimitation and other disputes continuously increase. Based on this, the paragraph 3 of article 74 and 83 in the United Nation Convention on the Law(hereinafter referred to as UNCLOS) stipulates provisional arrangement in the exclusive economic zone and the continental shelf between states with opposite or adjacent coasts. This stipulation provides a new solution to ease contradictions and achieve mutual benefit and win-win result for dispute parties pending the final maritime delimitation agreement. Studying provisional arrangement prior to maritime delimitation have important international significance. These successfully provisional arrangements are benefit to the countries which can reach more international cooperation in controversial sea area. UNCLOS does not stipulate fixed forms for provisional arrangement,so these arrangements are flexible which provide more free space for international cooperation between controversial countries. Provisional arrangement can ease authority conflicts between dispute parties and promote marginal sea disputes peaceful settlement, meanwhile, it also can boost disputed waters resources effective use and development, avoid the waste of resources. In this paper, through the introduction, five parts of the text to expound provisional arrangement as the main content, hoping us can have a more advanced knowledge and understanding.The first part introduce the generated background and evolution process of provisional arrangement prior to maritime delimitation, analyze the content of provisional arrangement which introduced in the third paragraph of article 74 and 83 in UNCLOS. This part also reveals the important role of the clause and declare the special significance of provisional arrangement.The second part mainly analyzes the legal characteristics of the provisional arrangement prior to maritime delimitation in UNCLOS, including compulsory,practicality and temporary. The compulsory of provisional arrangements tend to the obligation of conduct rather than results,. Practicality of provisional arrangements means feasible. Temporary reflect the transitional function of provisional arrangements before delimitation agreement was reached.The third part in combination with the specific cases expounds provisional arrangement prior to maritime delimitation should follow some principles during the process, including the principle of friendly negotiation, the principle of the mutual trust and mutual benefit and the principle of due regard.The fourth part detailed analyze the two terms legal consequences of provisional arrangements applicable. Is divided into two aspects, including not hinder the final agreement and not hinder maritime demarcation result.The fifth part mainly discusses the provisional arrangement works in our country in the South China Sea, to analyze the current situation of provisional arrangement and existing problems, to discuss the cause of these problems, and than to learn lessons and seek a better solution.The finally part generalize simply for the full text and outlook the provisional arrangement's applicable in China in the future. This rules will develop to international rules.