Study On Mandatory Arbitration Jurisdiction Of The United Nations Convention On The Law Of The Sea

The United Nations Convention on the Law of the Sea(hereinafter referred to as the "Convention")is an important international law resolving disputes on the sea,indicating four dispute resolution mechanisms.Annex ? with a very important status is frequently used in settling sea disputes.The right of jurisdiction is its core part of great research significance.Therefore,carrying out studies on jurisdiction issue in Annex ? combined with the "South China Sea Arbitration Case" to our advantage,with Convention as a weapon to safeguard China's maritime rights and interests has become the research direction of this paper.This paper has firstly given an overview of the development of international marine arbitration,mandatory arbitration in international marine arbitration,analyzed the composition and characteristics of mandatory arbitration courts in the Convention,analyzed and introduced the characteristics of the mandatory arbitration system.Secondly,this paper has combined relevant cases to analyze the final establishment of mandatory arbitration jurisdiction,for the disputing party,i.e.,the conditions for the main party to become the disputing party;for the disputing matters,one is a dispute in general cases,and the other is a special dispute.Three preconditions are three prerequisite acts necessary for disputing parties to initiate a mandatory arbitration.Regarding restrictions and options,namely,cases for matters incurring no legal force of the mandatory arbitration.Next,under the circumstance that the "South China Sea Arbitration Case,' has been closed,this paper has introduced how the cases happened,the adjudication contents of the arbitral tribunal's jurisdiction.Then,this paper has discussed the nature of the dispute in terms of the application of the jurisdiction in the arbitral tribunal,two preconditions,i.e.,dispute settlement by peaceful means,and jurisdiction by opinion exchange,and the issue of historical rights,optional exception of jurisdiction from the perspective of history and law.Finally,the paper has introduced the author' s thinking of mandatory jurisdiction and China's coping strategies.Based on thinking,this paper has proposed to resolve disputes by combining legal and political means,and proposed that China should take relevant effective actions to safeguard the sovereignty of the South China Sea.Through the research in this paper,the author believes that the arbitration tribunal of the "South China Sea Arbitration Case" has no jurisdiction over the case.In the meantime,China has indisputable sovereignty over the South China Sea.