On The Evolutionary Interpretation Of Article 121(3) Of UNCLOS

The interpretation of Article 121(3)of UNCLOS is an internationally traditional issue with considerable controversy,but its popularity has not diminished over time.Instead,it has continued to gain vitality with the recent development of customary international law,which has been manifested through the formation and development of evolutionary interpretation method.It has been nearly 40 years since the 1982 resolution of the Third Conference on the Law of the Sea adopted the UNCLOS.It was during this period that the changes in the international environment,social progress and technological development have made the evolutionary interpretation method more appropriate as the current interpretation way of Article 121(3)of UNCLOS than the static interpretation method.This thesis analyzes the existing interpretation dilemma of Article 121(3)of UNCLOS and combines the evidences of the interpretation of Article 121(3)of UNCLOS and uses the evolutionary interpretation method to further clarify the meaning of Article 121(3)of UNCLOS,hoping to establish a Chinese stand on the interpretation of Article 121(3)of UNCLOS.To solve the problem of interpretation,it is necessary to understand the existing interpretation dilemma of Article 121(3)of UNCLOS and analyze the manifestations of the dilemma,the causes of the dilemma and the practical problems caused by the different interpretations of Article 121(3)of UNCLOS.The manifestations of the dilemma are divided into three dimensions,which are state practices,judicial precedents and scholars' viewpoints.The causes of the dilemma are analyzed respectively from the subjective and objective aspects.On the surface,this section is not highly relevant to the evolutionary interpretation of Article 121(3)of UNCLOS.In fact,this section aims to prove that it is difficult to solve the afore-mentioned problems unless we apply the evolutionary interpretation method,which highlights the importance and rationality of the evolutionary interpretation method.After clarifying the problems faced by Article 121(3)of UNCLOS,it is necessary to find the evidences for the interpretation of Article 121(3)of UNCLOS.It shall refer to two important legal documents,namely,the Vienna Convention on the Law of Treaties("VCLT")and the Draft Conclusions on Subsequent Agreements and Subsequent Practice in Relation to the Interpretation of Treaties("Draft").Articles 31 and 32 of the VCLT are important evidences for the rules of interpretation of treaties and the Draft is a representative product of the development of customary international law.Thus this section revolves around these two legal documents.By discussing the evolutionary interpretation evidences of Article 121(3)of UNCLOS,on the one hand,it attempts to clarify the relationship between the evolutionary interpretation method and the treaty interpretation rules established in the VCLT;On the other hand,it further proves the advanced nature of the evolutionary interpretation method.The process of applying the evolutionary interpretation to the constituent elements of Article 121(3)of UNCLOS is the most important section.The evolutionary interpretation method is applied to the constituent elements of Article 121(3)of UNCLOS separately in the beginning and then in a holistic manner.This section also refers to the views or opinions of scholars or countries related to the interpretation of Article 121(3)of UNCLOS from the perspective of evolutionary interpretation.As the core content,through the evolutionary interpretation process of the constituent elements of Article 121(3)of UNCLOS,we can find that the interpretation conclusions of the constituent elements of Article 121(3)of UNCLOS obtained by using the evolutionary interpretation method are in line with expectations,fairness,and goodwill.It is of far-reaching significance for safeguarding national maritime rights to establish a Chinese stand for the evolutionary interpretation of Article 121(3)of UNCLOS.The Chinese stand for the evolutionary interpretation of Article 121(3)of UNCLOS has two aspects,one positive and one negative: We shall recognize the evolutionary interpretation method of Article 121(3)of UNCLOS and apply it to protect the legitimate rights and interests of China's maritime;On the same time,restrictions on the interpretation of the evolution of Article 121(3)of UNCLOS are necessary to limit the scope of the interpretation of the evolution of Article 121(3)of UNCLOS with practical examples.