With the broad development of international exchanges and increasing development of the marine economy,ocean disputes have become increasing frequent.The most important feature of the dispute settlement mechanism in Part XV of UNCLOS is the compulsory procedure.The compulsory procedure of UNCLOS are both selective and mandatory,therefore it's very complicated.It's very significant to solve the understanding and applicability of UNCLOS' compulsory procedure.By analyzing the terms of UNCLOS' part XV,can we concluded that the compulsory procedure of UNCLOS(including the limitations and exceptions to applicability of section 2)is compulsory,independent,guaranteed,postpositional and result non-enforced.We should pay more attention to its startup procedure.In regard to the application of UNCLOS' compulsory procedure,it has mention the case of the South China Sea Arbitration.It's the first case of UNCLOS' compulsory procedure in China.It analysis the UNCLOS' compulsory procedure's applicability of the case of the South China Sea Arbitration,and derived an unsuitable result and criticized the illegality of the case.Therefore,China must learn from this case,and know more about the compulsory procedure of the UNCLOS,and make use of the compulsory procedures of the UNCLOS.Accordingly.China work hard to create a new international maritime order. |