China's Practical Research On The Advisory Jurisdiction Of The International Tribunal For The Law Of The Sea

From the time when human started to explore the universe and pointed the lens to the earth on which we lived,it was discovered that on the surface of the earth,nearly 71% is ocean,and the area of land was a bit insignificant compared with ocean.In the past,due to the technological limitation,it is difficult for human to have a deep understanding of the resources in the ocean.But with the rapid development of transportation and the advancement of science and technology,people come to realize that ocean is actually a big treasure which is not only rich in biological resources,but also in mineral resources.In addition,marine transportation has become very convenient,sea channel has become an important way for many countries to communicate and do business However,where there are interests,there will be disputes.Many countries have disagreements over issues such as demarcation of the marine areas,sovereignty,and even resource development.It is one of the principles of international disputes to resolve international disputes in a peaceful manner,for example,well-known international judicial institutions such as courts,negotiations,etc.,which can solve the maritime disputes to some extent.But as international disputes become more and more complicated,the existing solutions are not enough.On the basis of peaceful resolution of maritime disputes,it is worthwhile to think and explore a sound legal basis and solutions for more complex disputes arising today and in the future.The International Tribunal for the Law of the Sea is an international law-enforcement agencies established under the United Nations Convention on the Law of the Sea which plays an extremely important role in resolving international maritime disputes.The Tribunal has currently accepted 25 cases which 2 cases are belong to consultation.The United Nations Convention on the Law of the Sea expressly provides that the courts has jurisdiction,but the types and scope of jurisdiction are not clearly defined,which makes whether the court has advisory jurisdiction over a specific case become the focus of debate in theory and practice.The two consultation cases accepted by the court and the court advisory opinions rendered by the court have attracted much attention from various countries.Attitudes towards the advisory jurisdiction of the tribunal vary from country to country,with some in favour and some against.China has a reserved attitude towards the jurisdiction of court consultation.However,in the face of the increasingly serious maritime situation in China,a new way of dispute settlement is urgently needed to safeguard China's maritime rights and interests.How to view and utilize the advisory jurisdiction of the International Tribunal for the Law of the Sea is the key to solve the current maritime situation in China.