Study On The Application Of Provisional Arrangements Before Delimitation Of Disputed Sea Areas

With the increasing attention attached to marine resources and the increased awareness of safeguarding maritime rights and interests,the delimitation of disputed maritime areas among countries is causing more disputes.The emergence of the United Nations Convention on the Law of the Sea（1982）on provisional arrangements provided new solutions for the resolution of maritime boundary delimitation disputes.As a transitional temporary measure,the interim arrangement makes the countries temporarily put aside the dispute and ease the conflicts over maritime areas.Besides,it can promote international cooperation as well as the development and utilization of marine resources.In the absence of an exhaustive interpretation and the mandatory provisions on the form and type,the UNCLOS allowed for large flexibility in provisional arrangements.This means that the countries involved in the dispute are given more options in the type and form of provisional arrangements they intend to reach through bona fide negotiation.To further study the applicating situations of provisional arrangements in various countries and problems arisen,decisions are analyzed and solutions are proposed on maritime delimitation cases from international judicial and arbitral institutions such as the Permanent Court of Arbitration,the International Tribunal for the Law of the Sea and The Hague International Court of Justice.For reasons such as the differences in interpretations of the provisions,compromise of provisional arrangement terms and the ambiguity of the disputed sea area,a range of issues are found in the application of provisional arrangements,including the difficulty in determining the geographical scope of application,the single type,the lack of binding force and operability,and the lack of restrictions on unilateral exploration and exploitation activities.At last,considering the experience of successful provisional arrangements,the solutions are proposed to the problems in the application of current provisional arrangements.During the period after a delimitation dispute has arisen and before a final delimitation agreement is reached or a final delimitation decision is completed,the countries involved can reach a temporary provisional arrangement for the joint exploitation of oil,gas,and fisheries resources in the disputed maritime area through bona fide negotiation.A provisional maritime boundary line may also be negotiated to determine a provisional boundary line by which the countries shall exercise their rights and perform their obligations respectively.In addition,when reaching provisional arrangements,the countries in the dispute should choose the treaty form if possible and enhance their legal binding force to guarantee the effective implementation of provisional arrangements.Finally,this study focuses on the issues in the East China Sea and the South China Sea.China should actively conduct bona fide negotiations with countries around sea areas and strive to establish a provisional delimitation line in the disputed sea areas or promote binding and operational development-oriented provisional arrangements in the disputed sea areas of determined scope.Moreover,in the absence of a provisional arrangement,the exploitation of resources in the disputed sea area cannot be dropped,active development and utilization of marine resources should be facilitated without causing permanent physical changes to the marine habitat.Meanwhile,unilateral exploitation by other countries must be alerted to prevent irreversible damage to the marine environment of China.We must be both proactive and vigilant in exercising restraint to fully safeguard our legitimate maritime rights and interests.