Discussion Of "Provisional Arrangements" Prior To Maritime Delimitation

The issues related to maritime delimitation are hot topics in the field of international law of the sea,among which the provisional arrangement before maritime delimitation is an important regime related to it.The attention to the provisional arrangements before maritime delimitation has mainly focused on the discussion of Article 74 and Article 83(3)after the establishment of the Convention on the Law of the Sea(hereinafter referred to as "the Convention").However,the provisional arrangement before maritime delimitation was born from the international judicial practice,and this system was not accepted as law in practice,and therefore did not constitute international custom,and was gradually included in the agenda of the Third Conference on the Law of the Sea and incorporated into the Convention in view of the increasing maritime delimitation disputes.This article focuses on the birth of the provisional arrangement before maritime delimitation,and proposes its own interpretation of the provisional arrangement before maritime delimitation according to the time line of "before the formulation of the Convention-the formulation process of the Convention-the practice after the formulation of the Convention-the implementation dilemma and future prospect".Chapter Ⅰ focuses on the reasons for the emergence of the regime prior to the Convention.The practice of provisional arrangements prior to maritime delimitation had already emerged before the birth of the Convention,but the practice did not have the systematic name of "provisional arrangements prior to maritime delimitation".This chapter examines the reasons for the emergence of the regime prior to the Convention,and shows the pre-Convention practice of "pre-delimitation provisional arrangements" in order to illustrate its appearance.Chapter Ⅱ explores the birth of the provisions of the Convention on provisional arrangements in advance of maritime delimitation.On the one hand,this part will start from the conferences on the law of the sea before the birth of the Convention,and sort out the context of the birth of the provisions of the Convention on provisional arrangements prior to maritime delimitation,so as to deepen the understanding of its history and lay the foundation for a deeper understanding of the meaning of the system,as well as to understand the significance of its provisions after its establishment.On the other hand,we analyze the newly established provisions from the perspective of the actual content of the provisions of the Convention and the previous practice cases,and from the perspective of the understanding of the provisions at the time of the birth of the Convention.Chapter Ⅲ is based on the classic cases of maritime delimitation after the establishment of the Convention.Through the analysis of the judicial cases with great influence on the pre-maritime delimitation provisional arrangements after the Convention,such as the 1984 U.S.-Canada Gulf of Maine delimitation case,the 2007 Guyana v.Suriname case,and the 2017 Ghana v.C?te d’Ivoire case,the contents of the various obligations of the pre-maritime delimitation provisional arrangements are compared and contrasted to explore the specific contents of this obligation of the pre-maritime delimitation provisional arrangements After the establishment of the Convention Development and enrichment in the past forty years.Chapter Ⅳ focuses on the dilemma and prospect of the implementation of the provisional arrangements before maritime delimitation.The ambiguity of the provisions of the Convention on provisional arrangements for maritime delimitation is being enriched and refined by judicial practice.However,the advancement of science and technology and the enhancement of the strategic status of the sea have made the pre-delimitation provisional arrangement of the sea face difficulties in implementation,we should base on the present and look into the future.