Research On The Compulsory Mediation System In Article 298 Of The United Nations Convention On The Law Of The Sea

After the "Age of Discovery",the International Ocean Order has been through several major profound changes.Not only those traditional maritime powers had kicked off fierce competitions for marine resources,but also the newly independent countries after the World War II have also proposed their own strategic claims with regarding to the ocean.The old International Ocean Order,which has been dominated by those traditional maritime powers,has undergone subversive changes,and more and more complex international disputes on the sea have arisen rapidly one after another.Until the Third United Nations Conference on the Law of the Sea,the United Nations Convention on the Law of the Sea has made a framework-construction of Dispute Settlement Mechanism,which can apply different dispute resolution methods to various types of disputes.Based on fully respecting the "State Sovereign" of member states,the United Nations Convention on the Law of the Sea added some "Compulsory Factors" herein,thus increasing the probability of a peaceful settlement of disputes.This paper will focus on the "Compulsory Conciliation Procedures",which refers to the conciliation procedures initiated by the one Party resorting to the dispute against to the other Party if meeting the conditions designed by the provisions of Article 298 of the Convention.There is no legal binding upon the Parties while the initiation and promotion of the conciliation procedures embodies "compulsory",in another word,the initiation and promotion of the conciliation procedures does not be effected by the rejection from the Party concerned.The "Compulsory Conciliation Procedures" are characterized by the combination of "compulsory" of the initiation and promotion and "non-legal binding" of the settlement,which is sufficient to show compromises and concessions during the process of formation and development.The "Compulsory Conciliation Procedures" were first applied in the case of East Timor and Australia.Although the report and recommendations issued from the conciliation committee were not legally binding upon East Timor and Australia,the process and results of the conciliation still contributed to the two countries' dispute settlement.From a practical perspective,we shall continue to strengthen the in-depth study of the "Compulsory Conciliation Procedures",which may enlighten China to improve its own riskprevention system.