On The Application Of Provisional Measures Of ITLOS In Marine Environmental Protection

Nowadays,with the rapid development of the economy driven by the ocean,the marine environment has become increasingly prominent and has a tendency to restrict economic development.In order to solve the rapidly deteriorating marine environmental problems and the side effects they cause,countries not only actively formulate domestic policies and regulations to prevent and control marine pollution,but also conduct international cooperation through bilateral,multilateral or inter-regional approaches,hoping to effectively prevent,control,reduce,and even eliminate marine environmental protection problems.Headed by the United Nations Convention on the Law of the Sea,the international community has begun to attach importance to marine environmental protection,and has carried out marine regional projects with the support of the United Nations Environment Programme.It has achieved some success in international cooperation.However,due to the extremely limited legislative work on international cooperation on marine environmental protection at the international level,political and economic factors have led to obstacles to cooperation,human and financial constraints,etc.,resulting in extremely slow international cooperation.The procedures for provisional measures provided in Article 290 of the United Nations Convention on the Law of the Sea have been practiced since the establishment of the International Tribunal for the Law of the Sea(hereinafter “ITLOS”),and have matured in the future,playing a good role in the timely resolution of maritime disputes and the protection of the marine environment.This paper analyzes the provisional measures in combination with the case,and analyzes the advantages of provisional measures in marine environmental protection according to the current status and dilemmas of cooperation in marine environmental protection.Finally,in view of the marine environment problems facing China,this paper analyzes China's use of the provisional measures of the International Tribunal for the Law of the Sea to resolve maritime disputes and protect the marine environment.Besides introduction,this thesis is divided into five parts.The first part introduces the current situation of international cooperation in marine environmental protection and analyzes the difficulties faced by cooperation.The second part is an analysis of the rules of the provisional measures procedure of the International Tribunal for the Law of the Sea,introducing the general provisions of the procedure for provisional measures and the applicable conditions and legal effects of the procedure.The third part is based on the practice of the International Tribunal for the Law of the Sea.By sorting out the cases of interim measures involving marine environmental protection,it can be seen that the temporary measures have played an important role in protecting the marine environment.The fourth part is the characteristics of provisional measures applicable in marine environmental protection.In the case of slow progress in international cooperation,the case analysis demonstrates the advantages of provisional measures in marine environmental protection.The fifth part first explains the current marine environmental problems facing China,and then analyzes how China uses the provisional measures of the International Tribunal for the Law of the Sea to protect the marine environment and resolve disputes.