Study On The Applacation Of The Compulsory Dispute Settlement System In The United Nations Convention On The Law Of The Sea

The dispute settlement in the "UN Convention on the Law of the Sea"(hereinafter referred to as the,UNLOS")has been praised as one of the pillars of the world's maritime order.Its function is not merely a dispute settlement,but also an important link connecting various parts of the UNLOS.In order to balance the interests of all parties,there are many vague expressions in the rules of the UNLOS,leading to different interpretations of the provisions and differences in their application of the UNLOS.In this case,the dispute settlement has become an integral part of unifying the entire structure.The UNLOS dispute settlement mechanism combines a voluntary mechanism and an enforcement mechanism.It is multi-layered and flexible.It not only respects the freedom of parties to choose a peaceful way to resolve their disputes,but also resolves conflict of jurisdiction issues between UNLOS and other conventions and agreements.With the increase of ocean disputes,many defects of the mechanism have been exposed.In order to make better use of the UNLOS dispute settlement mechanism,we need to understand the entire mechanism from the internal structure.Before they can be managed by UNLOS compulsory dispute settlement mechanism,disputes must not only be related to the interpretation or application of UNLOS,but also need to meet certain conditions and are not subject to limitations and exceptions.Conditions require that the peaceful means chosen through the exchange of opinions fails to resolve the dispute,and neither party has the obligation to submit the dispute to other dispute resolution agencies.The dispute regard to the sovereignty right and scientific research and fishery disputes within the exclusive economic zone and continental shelf are limited to submit to the dispute resolution mechanism under UNLOS.In addition,careful regulations were provided for exceptions and mandatory mediation obligations were also set for some disputes that could not be governed by the four mandatory dispute settlement agencies of UNLOS.Any dispute concerning the interpretation or application of UNLOS may,after recourse to the methods of peaceful settlement of disputes chosen by the parties to the dispute,remain unresolved,whether the other party agrees or not,one party may submit the dispute to the four mandatory disputes stipulated by UNLOS.Including the International Tribunal for the Law of the Sea.the International Court of Justice,an arbitral tribunal established in accordance with the annex seven,and a special arbitral tribunal established in accordance with the annex eight.In order to ensure that disputes can be resolved to the greatest extent possible,UNLOS stipulates that arbitral proceedings should be used as a clause.States Parties can declare in written form which or several procedures to accept.If the parties do not choose the same procedure,then the dispute needs to be submitted to the arbitral tribunal seeks of a solution.