Study On Arbitration Dispute Settlement Mechanism Of The United Nations Convention On The Law Of The Sea

From the global perspective,power struggle of various countries has been spreading from the continent to the ocean.The dispute among different countries over oceans is calling for the formulation of more formal laws and establishment of authoritative institutions.The United Nations Convention on the Law of the Sea(hereinafter abbreviated as the “Convention”)was drawn up to address the dispute among different countries over oceans.Part 15 of the Convention stipulates the dispute settlement mechanisms,one of which is arbitration.Following the launch of the “South China Sea Arbitration”,the arbitration mechanism has drawn wide attention from different sectors in China to the arbitration mechanism in Attachment 7 of the Convention.A full investigation of the arbitration mechanism can help China better cope with the ocean issues.To start with,this paper analyzes the arbitration mechanism in Part 15 of the Convention,expounds on the content and characteristics of the arbitration mechanism stipulated by Attachment 7 under the convention,and analyzes conditions raised by arbitration procedures.Second,the “South China Sea Arbitration” raised by the arbitration mechanism under Attachment 7 is introduced,and the cause and timeline of the arbitration are summarized.On that basis,the content of this case is summarized and analyzed.Following that,arbitration under Attachment 7 is analyzed,and the cause,results and mistakes of the “South China Sea Arbitration” initiated by Philippines are discussed.Net,defects of the arbitration mechanism are examined based on a case study of the “South China Sea Arbitration”.These defects include unilateral characteristics,ambiguity of provisions,inconsistency of trial procedures,and arbitral tribunal’s jurisdiction arbitration,are combined with the “South China Sea Arbitration” for further analysis.At last,this paper provides countermeasures for China to cope with the arbitration mechanism,according to China’s attitude and measures taken towards...