A Study On Jurisdictional Conflicts Between ITLOS And DSB

Jurisdictional conflicts between ITLOS( founded in 1996) and DSB ( established in 1995) have arisen from the Swordfish Case. The author wants to find solutions to cope with the problems through an analysis of the case, and tries to make author's suggestions for our country to make better use of international institutions for the settlement of certain international disputes. This thesis consists of four chapters:Chapter 1 is the outline of the conflict of the jurisdictions between ITLOS and DSB. The jurisdictions of ITLOS and DSB, especially their features, are respectively introduced in this chapter. And in the Swordfish Case, the jurisdiction conflicted for the first time between the two organizations.The inevitability and the consequences of the conflict of the jurisdictions are discussed in the Chapter 2. The Swordfish Case confirms the inevitability as a practical matter. In theory, the jurisdictions of ITLOS and DSB are overlaped in some respects. And the conflict will result in the conflicts of the judgements and the dificulties in enforcing them made by the two organizations.The lack of applicable rules in current international legal system is the main point of Chapter 3. The conflicts manifest that the existent rules of the International Law are impuissant to deal with the situation. And as a result, there are a lot of negative repurcussions on the International Law. Proposals to settling the conflict of the jurisdictions are presented in the Chapter 4. In this chapter, the author introduces the methods provided by a foreign scholar and the experience in dealing with the jurisdictional conflicts in the private international law. Based on the introductions, the author suggests the ways of how the conflicts could be settled and contribute advices to our country.