Jia Jing, Law School

Abstract: The International Tribunal for the Law of the Sea has a special status among several dispute settlement agencies that can provide temporary measures under the UN Convention on the Law of the Sea. It can, like other dispute settlement bodies such as the International Court of Justice, arbitral tribunals and special arbitral tribunals, decide interim measures on the basis of its jurisdiction over the disputed entity issues, or it can adopt a temporary Measures. Few legal treaties currently regulate the content and applicable standards of interim measures of the International Tribunal for the Law of the Sea, while the few provisions are too simple and general, lack practical operating standards, and create serious problems in the application of interim measures. influences. Among them, the “emergency situation” problem and the preliminary jurisdiction determination problem are represented. The former shows that the “emergency” evidentiary judgment standard is unknown, the “emergency situation” is identified with “scientific uncertainty”, and the latter is reflected in the preliminary jurisdiction. The contradiction between the right and jurisdiction and the procedure for determining the initial jurisdiction are not clear. In response to the above problems, this paper proposes that in the identification of “emergency”, the damage that has occurred and continues to the present does not affect the judgment of its urgency. If current science and technology cannot assess the harm and urgency of damage, it should introduce risk prevention. The principle is to judge; the preliminary jurisdiction is different from the general jurisdiction, and its establishment is necessary. The procedure for determining the preliminary jurisdiction can refer to the establishment procedure of the general jurisdiction.

      The system of interim measures of the International Tribunal for the Law of the Sea plays an important role in the settlement of maritime disputes. How to make rational use of interim measures, how to fully prepare beforehand, and how to effectively counterattack when other countries bring up interim measures are all of the UN Convention on the Law of the Sea. Issues that the State party should consider. China is a major oceanic country. With the rapid development of offshore trade, offshore and offshore fishing in recent years, China has a variety of maritime disputes with neighboring countries. Relevant departments in China should actively study the use of interim measures of the International Tribunal for the Law of the Sea and take the initiative to request interim measures to safeguard national interests when a dispute arises, or promptly respond when the other party to the dispute applies for temporary measures. Therefore, learning and studying the interim measures of the International Tribunal for the Law of the Sea are of great significance to protecting our marine environment and safeguarding China’s maritime rights.

Read the full article here:   国际海洋法法庭临时措施的法律问题研究.pdf