Study On The Dispute Settlement Mechanism Of Code Of Conduct In The South China Sea

Since the topic of this thesis is the Study on the dispute settlement mechanism of Code of Conduct in the South China Sea,the focus of the thesis is to analyze the related issues concerning the dispute settlement mechanism when formulating the specific content of COC,and how to set up specific institutions and procedures.The purpose of the study is to conduct in-depth research on the types of disputes of low-sensitive that may be involved in the COC,and to come up with the exact disputes that could be resolved by the dispute settlement mechanism of this paper.And through the comparative study of dispute settlement mechanism,fact investigation mechanism and supervision mechanism that regulated in the UNCLOS and other international conventions,try to design a dispute settlement mechanism that meets the particularities of the South China Sea.This article elaborates the dispute settlement mechanism of the COC through five chapters.Specifically,it includes the following parts:The first chapter can be mainly divided into two parts.The first part describes the origin of the COC and its consultation process.While the second part discusses the negotiation of the dispute settlement mechanism through the analysis of several draft text of COC.The second chapter analyzes the disputes that need to be resolved by the dispute settlement mechanism under the framework of COC,and proposes that the disputesettlement mechanism could apply to the disputes of low-sensitive.Besides,this chapter also mentioned the solutions about how to deal with the mixed disputes.The third chapter elaborates the pre-arrangement procedure of the dispute settlement mechanism.First of all,it emphasizes the significance of the cooperation between the parties in China and ASEAN.Then,once a dispute occurs,it's the first step for the parties to the dispute to negotiate friendly.If the negotiation fails,mediation would be the second step to resolve disputes.And if the mediation also fails,the last step for the parties is to refer such matters to arbitration.The fourth chapter describes the institutional setup and specific procedures of the dispute settlement mechanism,which mainly include the conference of the parties,the dispute management and control agency,the fact investigation agency and the arbitration institution.The fifth chapter is about the supervisory mechanism,that is,how to supervise the results after the dispute resolution process in the dispute settlement mechanism is over.