Modification And Exit Mechanism Of "United Nations Convention On The Law Of The Sea" And China’s Consideration

“United Nations Convention on the Law of the Sea"(here in after referred to as“the Convention") came into effect since November16,1994, on the establishment ofa new international maritime order. As the main origin of the modern law of the sea andthe authoritative document," the Convention " Systematically Formulated acomprehensive legal regime on marine areas, which recognized with the "UN Charter" comparable to the " World Ocean Charter "." the Convention " not only had asignificant impact on the world’s oceans pattern, but also became the legal basis for ouraction and domestic marine maritime legislation. However,,as a compromise product,"the Convention " contributed a lot to the pattern of international maritime norms in thepast30years of its implementation process, but also present many defects in thedemarcation principle, islands and reef systems, and other aspects of the exclusiveeconomic zone,it show signs of "soft law". With the changes in the internationalsituation and the rising international status and international influences of china. China’sinterests to seek expansion in the oceans have been claimed. Thinking of the actualsituation of china’s islands dispute,“the Convention” not works so well in disputesettlement. China’s maritime rights and interests were frequently violated by someclaimant countries which are maliciously used in the name of “the Convention”, somecontent of “the Convention " is not so match up with the current international marinenew situation, to some extent, it limits the pace of China’s maritime rights and interests sought. The voice of modify or exit “the Convention “has emerged and advocated invarious sections of society.This paper intends to begin with the Highlights and defects of "the Convention”,talking about the procedure of modification mechanism and exit mechanism of “theConvention ", and analyze the reality operational of modifications and exit, how tomake our choice in today’s ocean situation. Considering that it is not a good time to exit“the convention” right now,we must not only Emphasis on maritime rights andinterests, but also in strengthening maritime awareness of the premise, it is necessaryto strengthen the domestic legal system construction in accordance with therequirements of the ocean,“the convention”, but also in accordance with therequirements of “the Convention” is actively involved in international maritime affairs,to adjust and improve “the Convention “proposed their claims.This paper is divided into five parts, the first part briefly talked about the highlightsand defects of “the Convention," from several aspects, just like historic rights, islandsand reefs system, the archipelago system, the military activities of the exclusiveeconomic zone, the problem of pirate, coastal waters between States with opposite oradjacent to the analysis of several aspects of the delimitation the existence ofdeficiencies. The second part discusses the mechanism for amending " the Convention", describes the provisions of " the Vienna Law of Treaties " in the revised treaty and "the Convention " provides for its own amendment, and introduced the internationalcommunity of States Parties to the conclusion of the treaty be modified precedentanalyze the ways and means of "the Convention " to make changes. The third sectiondiscusses the exit mechanism of "the Convention”, describes the “Vienna Law ofTreaties” in the provisions of the treaty and withdraw “the Convention” and quit ontheir own requirements and describes the States parties to withdraw from theinternational community to conclude a treaty precedent. Part IV analyzes how does "the Convention "impact to china since its entry into force, there are both positive effects, such as " the Convention " relating to the rights of the flight and navigational strategieseffectively protect the national security, identity, States Parties " the Convention " sothat our country has discourse of global ocean affairs," the Convention " ensure thatour country deserved share of marine resources. Also includes negative effects, such asChina’s national strength improved, certain provisions of " the Convention " betteradvocate for our own interests in maritime sovereignty is a hindrance, and many aconflict of interest provisions," the Convention " with China’s actual conditions exist,and "the Convention "and the South China Sea as an example of regional seas aredescribed. The fifth part of the considerations discussed, analyzed by the positiveimpact of the negative impact on exit "the Convention " could bring to our country, toexit " the Convention " to clarify the reality of operability, pointed out " the Convention" is an extremely serious matter, is irreversible, and we must be cautious, and I believethat the current exit conditions are not ripe, should really quit our country " theConvention " on the country concerned, more harm than good. Modify the program andfrom " the Convention " and analyze the operational reality on the way to amend” theConvention”, noting that modify " the Convention " process is not overnight,but boundto be a long and full clash of national interests in the process,, but China should activelypromote modify "the Convention ", a move not only make our reservations" identityParties to “the Convention," the right to speak to maintain maritime affairs withoutaffecting China’s international status, but also make our grasp the initiative inpromoting the modification. Finally, this paper analyzes, how our current situation andthe rational use of the provisions under “the Convention”, while avoiding disadvantages,to safeguard their maritime interests.