The Interpretation And Application Of The Obligation To Exchange Opinions In Article 283 Of The United Nations Convention On The Law Of The Sea

The obligation to exchange views is an obligation that the States Parties to the United Nations Convention on the Law of the Sea cannot avoid when applying the settlement of dispute in Part XV.Whether it is performed or not is critical to the direct initiation of compulsory procedures and the jurisdiction of the International judicial body.There are many issues about the content and application of this obligation in International judicial precedents.For example,whether the disputes for the exchange of views meet the requirements of the disputes stipulated in Article 283,and whether the exchange of views on the general matters of disputes can cover specific matters,and under what circumstances the obligations of the exchange of views have been fully fulfilled.When sorting out the opinions and judgments of the countries in the International judicial precedents,we can summarize the issues arising from the interpretation and application of this obligation in recent years.Besides,the judgments and interpretations of the court or the arbitral tribunal can provide important legal basis for the definition of this obligation.In addition,the principle of treaty interpretation in the Vienna Convention on the Law of Treaty can also proceed from the clause itself,providing a good theoretical basis for the obligation to exchange views.On the basis of the interpretation of treaty law and the analysis of International judicial precedent,combined with the current trend of low threshold in international judicial institutions and mixed maritime disputes occurring frequently,we can judge the practical application of the obligation to exchange views more accurately and make recommendations for the full implementation of the exchange views from the perspective of both the parties and the International judicial institutions.