Study On The Advisory Jurisdiction Of The International Tribunal For The Law Of The Sea

Ocean, the origin of human being, occupies71%of Earth surface area. Ocean becomes human’s treasury for its various kinds of biological and mineral resource, and a vital traffic artery between different countries and areas, so conflicts between different international entities are doomed to be arose. It is the basic principle in international society that those disputes should be solved peacefully, which demands us to deepen the knowledge of all kinds of disputes resolutions so that we can better solve related dispute on the sea and stick up for national self-interestITOLS, the specially established judicial organ, is based upon the United Nations Convention on the Law of the Sea to solve International Maritime Disputes, whose jurisdiction includes contentious jurisdiction and advisory jurisdiction. Advisory jurisdiction consist of Seabed Disputes Chamber and ITOLS its own advisory jurisdiction. Its advisory jurisdiction has been received more concern through two advisory processed by ITOLS to the extent that global scholars have studied it deeply than before, and each of country and international organization has valued its practical significance. The advisory jurisdiction in ITOLS and ICJ exists differences and similarities, so we can better understand and apply it through analyzing those. The authority of advisory jurisdiction performed by ITOLS has been restricted to United Nations Convention on the Law of the Sea and related law provisions, which unambiguously stipulates the request body and requests. Those have made ITOLS advisory jurisdiction possess more pertinence. It is clear that ITOLS’s advisory opinions has great influence in series of cases. Now, China confronts with multiple and complicated maritime disputes. Since ITOLS’s advisory jurisdiction is vital to solve Chinese marine disputes, China should value and wield ITOLS’s advisory jurisdictionThis thesis has5parts. The first part is the general overview about ITOLS’s advisory jurisdiction which mainly includes with its establishment background and meaning, also with its concept and type,so we can analyze advisory jurisdiction from macroscopic view and a foreshadowing to what follows. Next, the second part and third part, from its entity and procedure, particularly analyzes ITOLS’s advisory jurisdiction. The forth part analyzes ITOLS’s advisory jurisdiction effects and functions. The fifth party analyzes China utilization of ITOLS’s advisory jurisdiction.