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The Application Of Compulsory Arbitration Jurisdiction In The United Nations Convention On The Law Of The Sea

Posted on:2019-09-26Degree:MasterType:Thesis
Country:ChinaCandidate:S Y XuFull Text:PDF
GTID:2416330548483166Subject:International Law
Abstract/Summary:PDF Full Text Request
Since United Nations Convention on the Law of the Sea took effect,there are more and more disputes with respect to Compulsory Arbitration System,the arbitration award of the South China Sea Arbitration attracted extensive attention,China should pay more attention to the study of Compulsory Arbitration System,and should ensure maximum protection of national maritime rights and interests under the framework of the United Nations Convention on the Law of the Sea,so,It is very important to analyze the jurisdiction of Compulsory Arbitration Tribunal for protect our maritime rights and interests.The whole thesis consist of four parts.The first part is about the overview of Compulsory Arbitration Procedure,Including selection procedures,jurisdiction and characteristics,this part lays the theoretical foundation of the whole thesis.The second part mainly analyzes the application condition of Compulsory Arbitration Jurisdiction,including the applicable preconditions and applicable restrictions.The third part is the analysis of cases,including the South China Sea Arbitration and the Arctic Sunrise Cases,this part mainly analyzes the application of Compulsory Arbitration Procedure in practice.The fourth part is about the advice to deal with the Jurisdiction of Compulsory Arbitration Tribunal,and safeguard China's national sovereignty and maritime rights and interests.The innovation points of this paper are mainly reflected in two aspects.First of all,there are few articles about the arbitration of the law of the sea in the Angle of compulsory jurisdiction,it's neoteric for the author analyzes from this Angle.Secondly,most articles related to the jurisdiction of compulsory arbitration are written before the result of the South China Sea Arbitration.Most of the conclusions of these articles are how to deal with the possible arbitration results in the future.The author conducts research on the basis of the result of the South China Sea Arbitration and hopes to find out the practical measures should be adopted in China.And it's not just the speculation about the outcome and the reaffirmation of the attitude.
Keywords/Search Tags:Compulsory Arbitration, Application of Jurisdiction, the South China Sea Arbitration, the Arctic Sunrise Cases
PDF Full Text Request
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