Research On The Expansion Of The Advisory Jurisdiction Of The International Tribunal Of The Law Of The Sea

The advisory jurisdiction originated from the Permanent International Court of Justice during the League of Nations.After the inheritance and development of the International Court of Justice,it is also currently adopted by the International Tribunal of the Law of the Sea(ITLOS).In this process,there is a clear trend of expansion of advisory jurisdiction,both in terms of the way of power creation and its specific content.Considering the important role and possible negative impact of advisory jurisdiction as one of the two major jurisdictions of ITLOS,this article attempts to start from the concrete manifestation of its expansion trend,and explore the attitudes and measures that China should adopt when facing the expansion trend of consulting jurisdiction.The first chapter of this article introduces the origin and concept of advisory jurisdiction,and introduces one by one from the three aspects of relevant legal provisions,substantive issues,and procedural issues of the advisory jurisdiction of the ITLOS.Based on the above analysis and referring to the background of the expansion trend of consulting jurisdiction,it is concluded that the expansion trend is mainly manifested in the expansion of creative methods,the expansion of the application subject and the scope of jurisdiction,the expansion of discretion and the expansion of power influence.The second chapter of this article further demonstrates the expansion trend of advisory jurisdiction,adopting the method of comparative analysis as a whole.The first half adopts the historical analysis method,and selects PICJ and ICJ as the historical reference objects of the advisory jurisdiction of ITLOS.It is concluded that the advisory jurisdiction has expansion in the entire development history.The second half adopts the case analysis method,selecting the Chamber’s No.17 case and the full court’s No.21 case,and comparing them within the court,it is concluded that there is a certain expansion of the advisory jurisdiction of the whole court.On the basis of the conclusion that advisory jurisdiction has an expansion tendency,chapter 3 of this article analyzes the main controversy of this expansion tendency in international law and its possible positive and negative effects,so as to pave the way for the demonstration of China’s response to the expansion trend.The last chapter of this article takes China’s response to the expansion of advisory jurisdiction as the end point,and draws China’s macro position and specific measures to deal with the expansion of advisory jurisdiction.Through analysis and argumentation,whether it is from the perspective of historical development or from the perspective of judicial practice,the expansion trend of consulting jurisdiction in ITLOS is obvious.China should adopt an attitude of conforming to this mainstream trend,be cautious of the possible impacts of its expansion,start with specific measures such as active participation and use of the consulting system,strengthening of professional personnel training,and promotion of the revision of UNCLOS,and make full use of the consulting system,strive to maximize my country’s maritime rights and interests.