A Study On The Prerequisites Of The Compulsory Jurisdiction Exercised By Arbitral Tribunal Of The United Nations Convention On The Law Of The Sea

The negotiating history of the United Nations Convention on the Law of the Sea shows that in order to achieve the rule of law in the international maritime sphere and to reconcile differences between the different States in dispute settlement bodies,based on the principles of peaceful settlement of international disputes and the sovereign equality of States,the international arbitral tribunal is given the right to exercise compulsory jurisdiction,which broke the consensual characteristic of arbitration to a certain extent.However,Part 15 of the Convention on the Law of the Sea has imposed restrictive prerequisites on it,mainly reflected in that arbitral tribunal exercise its compulsory jurisdiction must satisfy three prerequisites,which are the prerequisite for the selection of the dispute settlement procedure,the limitation of the pre-procedure,and the limitation of the scope of the case.But,from the specific analysis of the Chagos Marine Protected Area Arbitration case,the South China Sea Arbitration case and the “Arctic Sunrise ”Arbitration case,due to the fact that the relevant provisions of the United Nations Convention on the Law of the Sea are too abstract and the arbitral tribunal's ruling lacks precedent effect and the irrationality of part behavior exercised by arbitral tribunal,the prerequisites for the exercise of compulsory jurisdiction by the arbitral tribunal have many problems in the course of judicial practice.In particular,the parties to the dispute are not only debatable against the binding and content requirements of the Agreement in article 281 paragraph 1 of the Convention on the Law of the Sea,the relationship between the object of the exchange of views and the matters referred to arbitration and the specific requirements for the "exchange of opinions" obligations in good faith,but also have differences on the jurisdictions dealing with disputes over territorial sovereignty,the extension of maritime delimitation disputes and the relationship between historic rights with the Convention on the Law of the Sea.On the basis of this,in order to limit the arbitral tribunal's discretion and maintain national sovereignty and the unity of the Convention on the Law of the Sea,all parties should legislate <the Agreement on the Implementation of Part XV of the United Nations Convention on the Law of the Sea>.The content of the agreement should provide the binding requirements of the Agreement in article 281 paragraph 1 of the Convention on theLaw of the Sea and the content requirements of the “Alternative Procedure Agreement”,defining that the parties should be in good faith to exchange views on matters that have been brought to arbitration and when the possibility is exhausting,they can enter the next stage of dispute settlement,clearing that the arbitral tribunal shall refuse to exercise its jurisdiction in respect of disputes relating to the consideration of territorial sovereignty,ascertaining that the extension of the maritime delimitation dispute includes the factors considered in the delimitation process,Clarifying that the historical rights based on international customary law including historical property,historic bay and historic fishing rights under the United Nations Convention on the Law of the Sea.