| Nowadays,all countries attach great importance to the protection of their maritime rights and interests.There are conflicts between coastal States and ocean users,which are more and more obvious in some countries and regions with tense situations.The International Tribunal for the law of the sea is a permanent judicial body created by the United Nations Convention on the law of the sea.It is an integral part of the dispute settlement mechanism established by the Convention.It is also an international judicial body specially established for the settlement of maritime disputes between states.It can be said that the International Tribunal for the law of the sea has high flexibility in various mechanisms for handling international disputes,which is in line with the the international trend of flexibly using various peaceful means to solve maritime disputes.Case No.26 of the International Tribunal for the law of the sea-Case Concerning the Detention of Three Ukrainian Naval Vessels is the latest case concluded by the tribunal,which is characterized in both procedural and substantive aspects.In terms of procedure,Ukraine and Russia,the two countries involved in the case,hold totally opposite views on the jurisdiction of the court and the admissibility of the case,and Russia has adopted the approach of "refusing to respond to the case" based on its position,which is very rare in the practice of the trial of the International Tribunal for the law of the sea.Therefore,in the process of trial,before the fact of the case is tried,the court takes temporary measures The concept and system design of the system itself,as well as the provisions of the United Nations Convention on the law of the sea,demonstrate its jurisdiction and the admissibility of the case,and respond to Russia’s "refusal to respond" approach.In terms of substance,the case mainly focuses on the differences between "military activities" and "law enforcement activities" and other related issues,which greatly enriches the judicial practice of the International Tribunal for the law of the sea,and provides a useful reference for the international community to better understand and use the United Nations Convention on the law of the sea.This paper uses case analysis method to analyze and interpret case No.26 of the International Tribunal for the law of the sea,and comprehensively analyzes the views of Ukraine,Russia and the Tribunal on the relevant issues of the case.Generally speaking,Ukraine believes that its request for interim measures is legitimate and reasonable,and the dispute between Ukraine and Russia is within the jurisdiction of the Tribunal;Russia believes that the dispute involved in the case belongs to the matter that Ukraine and Russia claim to exclude the jurisdiction of the International Tribunal for the law of the sea,for which the tribunal has no jurisdiction and the case is not admissible;the tribunal finally finds that On the basis of its jurisdiction,the court stipulated the order of interim measures.However,in the trial of the case,the court fully considered the rights and interests of Russia as a party to the case,and did not fully accept the demands of Ukraine,but made a relatively fair decision based on the existing evidence.At the same time,this case has some similarities with the "South China Sea Arbitration Case" that our country has encountered before.It is also the defendant who challenges the jurisdiction of the court,then adopts the approach of "refusing to respond to the case",which also involves the exclusionary declaration made in accordance with the United Nations Convention on the law of the sea and so on.Therefore,the analysis of this case can deepen our understanding of the United Nations Law of the sea The understanding of the dispute settlement mechanism of the Convention and the trial practice of the International Tribunal for the law of the sea can provide some reference for China to choose to solve the same type of maritime disputes by judicial means in the future. |
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