Legal Research On The Right To Compulsory Arbitration Proceedings Of The UNCLOS

Since the adoption and implementation of the UNCLOS in the third conference of the United Nations in the past few decades,even if the general provisions of Part 15 and special rules of compulsory arbitration procedure of the seven appendix of UNCLOS are totally different with the traditional international civil and commercial arbitration,they still becoming an important part of the diversification mechanism for resolving maritime disputes between those countries.On the one hand,the appearance of that compulsory arbitration procedure took a long time for meeting,reconciling as well as balancing interests of these participating countries indeed,which means the text of UNCLOS shows a common conception of peace and friendship to the world on the settlement of the international maritime disputes.On the other hand,in order to find out the solutions of these issues such as the parties of the dispute could not settle their problem through a peaceful way or the tribunal may misunderstand the procedural rights as well as China’s defence of the seven appendix of UNCLOS,these mandatory applicable rules of that compulsory arbitration procedure also shows the participants’ determination and innovation on the settlement of the international maritime disputes to the whole world.Because of the arbitrated application of Republic of the Philippines,although the South China Sea arbitration case ended up with an attitude that China would not recognize and execute the arbitration,China has not taken legal and pointed measures to deal with the procedural issue until now,which may not be conducive to the people’s religious belief in the rule of law actually and the continued construction of our country legally.The passage is based on the theoretical research of UNCLOS and the compulsorily procedural matters of the South China Sea arbitration case,analyzing series of provisions of the compulsory arbitration procedure for the procedural rights in the same time.Additionally,in order to find out whether the right of the compulsory arbitration procedure has suitable defect,the legal risks of China’s negative response and how to defend the maritime rights as well as the national sovereignty of the motherland through the powerful legal ways during the period that China is trying to construct a socialist modernized country.