Chapter 11
China’s Theory and Practice
on Maritime Dispute Resolution
Bo Qu
11.1 China’s Position on Maritime Dispute Settlement
As the outcome of the Third UN Conference on the Law of the Sea, the 1982 United
Nations Convention on the Law of the Sea (UNCLOS) provides rules and guidance
for constructing a marine legal order. A Dispute Settlement Mechanism is one of the
distinguishing features of UNCLOS. China took part in the Third UN Conference on
the Law of the Sea and expressed its positions on dispute settlement. China signed
UNCLOS on the day it was adopted, and then ratified the Convention in 1996.
11.1.1 Basic Characteristics of UNCLOS Dispute Settlement
Mechanism
UNCLOS “contains the most sophisticated and detailed system for international
dispute settlement ever drafted”.
1 The Dispute Settlement Mechanism of UNCLOS
is composed of Part 15 (settlement of dispute), section 5 of Part 11 (settlement
of disputes and advisory opinions of the area), Annex 5 (Conciliation), Annex 6
(Statute of the International Tribunal for the Law of the Sea), Annex 7 (Arbitration)
and Annex 8 (Special Arbitration). Since many scholars have already researched the
1 John E. Noyes, “Compulsory Third-Party Adjudication and the 1982 United Nations Convention
on the Law of the Sea”, Connecticut Journal of International Law 4, 1989, p. 675.
B. Qu (B)
Ningbo University, Ningbo, China
e-mail: qubo@nbu.edu.cn
© Kobe University 2021
D. Tamada and K. Zou (eds.), Implementation of the United Nations Convention
on the Law of the Sea, Kobe University Monograph Series in Social Science Research,
https://doi.org/10.1007/978-981-33-6954-2_11
201
China’s Theory and Practice
on Maritime Dispute Resolution
Bo Qu
11.1 China’s Position on Maritime Dispute Settlement
As the outcome of the Third UN Conference on the Law of the Sea, the 1982 United
Nations Convention on the Law of the Sea (UNCLOS) provides rules and guidance
for constructing a marine legal order. A Dispute Settlement Mechanism is one of the
distinguishing features of UNCLOS. China took part in the Third UN Conference on
the Law of the Sea and expressed its positions on dispute settlement. China signed
UNCLOS on the day it was adopted, and then ratified the Convention in 1996.
11.1.1 Basic Characteristics of UNCLOS Dispute Settlement
Mechanism
UNCLOS “contains the most sophisticated and detailed system for international
dispute settlement ever drafted”.
1 The Dispute Settlement Mechanism of UNCLOS
is composed of Part 15 (settlement of dispute), section 5 of Part 11 (settlement
of disputes and advisory opinions of the area), Annex 5 (Conciliation), Annex 6
(Statute of the International Tribunal for the Law of the Sea), Annex 7 (Arbitration)
and Annex 8 (Special Arbitration). Since many scholars have already researched the
1 John E. Noyes, “Compulsory Third-Party Adjudication and the 1982 United Nations Convention
on the Law of the Sea”, Connecticut Journal of International Law 4, 1989, p. 675.
B. Qu (B)
Ningbo University, Ningbo, China
e-mail: qubo@nbu.edu.cn
© Kobe University 2021
D. Tamada and K. Zou (eds.), Implementation of the United Nations Convention
on the Law of the Sea, Kobe University Monograph Series in Social Science Research,
https://doi.org/10.1007/978-981-33-6954-2_11
201