Study On The Self-enlargement Of The Jurisdiction Of The Arbitral Tribunal In Annex VII 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"Convention"or"UNCLOS")came into force in 1994,established a new order of the world’s oceans,including the coastal countries can claim to the breadth of the territorial for 12 nautical mile,and exclusive economic zone and continental shelf delimitation system,set off a new upsurge of the development and utilization of ocean,but also intensified the maritime rights dispute among nations:intensified the narrow waters of the exclusive economic zone and continental shelf delimitation conflicts,sea islands and reefs sovereignty disputes,disputes about the marine space occupation and use of marine resources occur frequently.In section Ⅱ of part XV of the Convention,there are four types of dispute settlement procedures that give rise to binding decisions and give each State party the right to choose,whereas States that have not chosen are considered as having accepted Annex VII Arbitration procedures,and at the same time,when the parties to a dispute do not agree on the procedure,the jurisdiction of the arbitration proceedings in Annex VII applies.From the point of view of the Convention,the mandatory jurisdiction of the Annex VII arbitration procedure may apply to most of our maritime disputes.The concluded case of arbitration in the South China Sea between China and the Philippines is also a case submitted by the Philippines unilaterally for arbitration in Annex VII.Therefore,it is an important task to carefully study the Convention concerning the arbitration clause and to tihink well about the jurisdiction of the arbitration tribunal to safeguard China’s maritime rights and interests.This article is divided into three parts.Starting from the self expansion phenomenon of the right to practice in the jurisdiction of the arbitral tribunal,regulations according to the"Convention"in the jurisdiction of the arbitration tribunal,analyzes the defects and deficiencies of the relevant articles of the Convention,expounds the impact of these deficiencies on the jurisdiction of arbitral tribunals,and discusses the quo and loopholes of the jurisdiction of the arbitral tribunal through the analysis of the relevant cases,and thinks a little about our country’s response to the jurisdiction of the arbitral tribunal.The first parts of put forward the self expansion phenomenon of the right to practice in the jurisdiction of the arbitral tribunal,and this phenomenon is caused by the Rules loopholesof the"Convention"on the jurisdiction of the Arbitration Tribunal.From the point of the Convention that the application of the jurisdiction of the arbitral tribunal meets the general conditions and jurisdiction,this article analyzes the deficiencies and shortcomings of the provisions of the Convention on the jurisdiction of the arbitral tribunal,And from the interpretation of the provisions discussed the causes of these deficiencies.The second parts of this article first discusses the concrete application and practice of jurisdiction of arbitral tribunal from the analysis of the case,and analyzes the contents worthy of reference as well as the failure of the jurisdiction determination,and then it has analyzed the intent of the Convention on the jurisdiction of arbitral tribunals,and made a brief discussion on the scope of jurisdiction of arbitral tribunals through the study of the background of the jurisdiction of arbitral tribunals form at the Third Conference on the Law of the Sea,from the jurisprudence.The third parts of this article gives some suggestions on the jurisdiction of our country’s Arbitration Tribunal in Annex VII after the Arbitration case in the South China Sea.In the face of complex and important maritime disputes,we should Refuse the jurisdiction of arbitral tribunal over mixed maritime disputes and active participation in arbitral proceedings for disputes not involving sovereignty.Secondly,on the basis of respecting and facing the jurisdiction of the arbitral tribunal,the Convention on the Jurisdiction of Arbitral Tribunals should be studied thoroughly and carefully to use the Convention to safeguard China’s maritime rights and interests.The conclusion concludes the full text.