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Research On The Compulsory Jurisdiction Of International Judicial Institutions

Posted on:2018-05-30Degree:MasterType:Thesis
Country:ChinaCandidate:A P TangFull Text:PDF
GTID:2346330542965153Subject:International Law
Abstract/Summary:PDF Full Text Request
International law regulates the international relations.At present,international law is playing an increasingly important role in the international arena,providing base and framework for cooperation and coexistence,and encouraging the international community to use pluralistic approaches to solve increasingly complex international problems.International bodies such as the International Court of Justice have played an important role in judging disputes between states,at the same time,the question of whether compulsory jurisdiction should be strengthened has attracted the attention of the international community.On January 22,2013,according to the "United Nations Convention on the law of the sea",Philippines submitted the conflict of the South China Sea to international arbitration,although the compulsory jurisdiction of the arbitration tribunal without any legal basis,but through the case,we have to pay more attention to the compulsory jurisdiction of international judicial institutions.In this article,I choose the three international judicial institutions which are closest to our country from the political,economic and marine aspects,and then put forward some corresponding countermeasures.The article is divided into the following parts,the first part mainly discusses the origin of compulsory jurisdiction,emergence,development and introspection of the optional clause;The second part talks about the establishment of compulsory jurisdiction of the International Court of Justice,declaration,reservation and the evaluation of the compulsory jurisdiction;The third part discusses the new development of compulsory jurisdiction in the international economic field and the law of the sea area,analyzes the establishment and importances of the compulsory jurisdiction of WTO and United Nations Convention on the law of the sea,also discusses the relationship between compulsory jurisdiction and national sovereignty;The fourth part,from the aspects of reservation,non-appearance in court,the substantive conflicts of institutions to analyze the challenges during the development of the compulsory jurisdiction,put forward the standpoint and the countermeasures of our country to the compulsory jurisdiction.As a permanent member of the UN Security Council and a major trading nation of the world,China is responsible for the maintenance of international peace and security.Whether it is for the construction of a new international order,or for the peaceful settlement of all disputes to promote the international law,even for the maintenance of national interests,it is especially important to study the relevant case made by international judicial institutions owned compulsory jurisdiction and strengthen the relationship with the international institutions.
Keywords/Search Tags:compulsory jurisdiction, international court of justice, WTO, United Nations Convention on the law of the sea
PDF Full Text Request
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