204
B. Qu
Firstly, China advocated the settlement of disputes by negotiation. The Chinese
representative’s speech on the settlement of disputes stated: “The Chinese Government had consistently held that States should settle their disputes through negotiation and consultation on an equal footing and on the basis of mutual respect for
sovereignty and territorial integrity.”
4 It means that maritime disputes should also be
settled mainly through negotiations.
Secondly, China emphasized on voluntary settlement of disputes and opposed
to compulsory jurisdiction. Chinese delegate pointed out that “States were free to
choose other peaceful means to settle their disputes. However, if a sovereign State
were asked to accept unconditionally the compulsory jurisdiction of an international
judicial organ, that would amount to placing that organ above the sovereign State,
which was contrary to the principle of State sovereignty.”
5 “The submission of a
dispute to the compulsory settlement procedure must have the consent of the parties
to the dispute.”
6 At 112th Plenary Meetings, Mr. Wang Tieya pointed out that “any
compulsory and binding third-party settlement of a dispute concerning sea boundary
delimitations must have the consent of all parties to the dispute. Otherwise such a
form of settlement would not be acceptable to the Chinese delegation.”
7
Thirdly, China suggested that specific provisions on dispute settlement regulations
should be stipulated by separate text. “Since the question of the settlement of disputes
involved the sovereignty of all States, the procedures to be followed must be chosen
by States themselves. If most States agreed to draft specific provisions on dispute
settlement procedures, those provisions should not be included in the convention itself
but should form a separate protocol so that countries could decide for themselves
whether to accept it or not.”
8
4 60th Plenary meeting, Document: A/CONF.62/SR.60, para.27, the Official Records of the Third
United Nations Conference on the Law of the Sea, Volume V (Summary Records, Plenary, General
Committee, First, Second and Third Committees, as well as Documents of the Conference, Fourth
Session), https://legal.un.org/diplomaticconferences/1973_los/docs/english/vol_5/a_conf62_sr60.
pdf, visited on 1 June 2020.
5 60th Plenary meeting, Document: A/CONF.62/SR.60, para. 27, the Official Records of the Third
United Nations Conference on the Law of the Sea, Volume V (Summary Records, Plenary, General
Committee, First, Second and Third Committees, as well as Documents of the Conference, Fourth
Session), https://legal.un.org/diplomaticconferences/1973_los/docs/english/vol_5/a_conf62_sr60.
pdf, visited on 1 June 2020.
6 103rd Plenary meeting, Document: A/CONF.62/SR.103, para.77, he Official Records of the Third
United Nations Conference on the Law of the Sea, Volume IX (Summary Records, Plenary, General
Committee, First, Second and Third Committees, as well as Documents of the Conference, Seventh
and Resumed Seventh Session), https://legal.un.org/diplomaticconferences/1973_los/docs/english/
vol_9/a_conf62_sr103.pdf, visited on 1 June 2020.
7 112th Plenary Meetings, Document: A/CONF.62/SR.112, para.49, the Official Records of the
Third United Nations Conference on the Law of the Sea, Volume XI (Summary Records,
Plenary, General Committee, First, Second and Third Committees, as well as Documents of
the Conference, Eighth Session) https://legal.un.org/diplomaticconferences/1973_los/docs/english/
vol_11/a_conf62_sr112.pdf, visited on 30 May 2020.
8 60th Plenary meeting, Document: A/CONF.62/SR.60, para.28, the Official Records of the Third
United Nations Conference on the Law of the Sea, Volume V (Summary Records, Plenary, General
Committee, First, Second and Third Committees, as well as Documents of the Conference, Fourth
B. Qu
Firstly, China advocated the settlement of disputes by negotiation. The Chinese
representative’s speech on the settlement of disputes stated: “The Chinese Government had consistently held that States should settle their disputes through negotiation and consultation on an equal footing and on the basis of mutual respect for
sovereignty and territorial integrity.”
4 It means that maritime disputes should also be
settled mainly through negotiations.
Secondly, China emphasized on voluntary settlement of disputes and opposed
to compulsory jurisdiction. Chinese delegate pointed out that “States were free to
choose other peaceful means to settle their disputes. However, if a sovereign State
were asked to accept unconditionally the compulsory jurisdiction of an international
judicial organ, that would amount to placing that organ above the sovereign State,
which was contrary to the principle of State sovereignty.”
5 “The submission of a
dispute to the compulsory settlement procedure must have the consent of the parties
to the dispute.”
6 At 112th Plenary Meetings, Mr. Wang Tieya pointed out that “any
compulsory and binding third-party settlement of a dispute concerning sea boundary
delimitations must have the consent of all parties to the dispute. Otherwise such a
form of settlement would not be acceptable to the Chinese delegation.”
7
Thirdly, China suggested that specific provisions on dispute settlement regulations
should be stipulated by separate text. “Since the question of the settlement of disputes
involved the sovereignty of all States, the procedures to be followed must be chosen
by States themselves. If most States agreed to draft specific provisions on dispute
settlement procedures, those provisions should not be included in the convention itself
but should form a separate protocol so that countries could decide for themselves
whether to accept it or not.”
8
4 60th Plenary meeting, Document: A/CONF.62/SR.60, para.27, the Official Records of the Third
United Nations Conference on the Law of the Sea, Volume V (Summary Records, Plenary, General
Committee, First, Second and Third Committees, as well as Documents of the Conference, Fourth
Session), https://legal.un.org/diplomaticconferences/1973_los/docs/english/vol_5/a_conf62_sr60.
pdf, visited on 1 June 2020.
5 60th Plenary meeting, Document: A/CONF.62/SR.60, para. 27, the Official Records of the Third
United Nations Conference on the Law of the Sea, Volume V (Summary Records, Plenary, General
Committee, First, Second and Third Committees, as well as Documents of the Conference, Fourth
Session), https://legal.un.org/diplomaticconferences/1973_los/docs/english/vol_5/a_conf62_sr60.
pdf, visited on 1 June 2020.
6 103rd Plenary meeting, Document: A/CONF.62/SR.103, para.77, he Official Records of the Third
United Nations Conference on the Law of the Sea, Volume IX (Summary Records, Plenary, General
Committee, First, Second and Third Committees, as well as Documents of the Conference, Seventh
and Resumed Seventh Session), https://legal.un.org/diplomaticconferences/1973_los/docs/english/
vol_9/a_conf62_sr103.pdf, visited on 1 June 2020.
7 112th Plenary Meetings, Document: A/CONF.62/SR.112, para.49, the Official Records of the
Third United Nations Conference on the Law of the Sea, Volume XI (Summary Records,
Plenary, General Committee, First, Second and Third Committees, as well as Documents of
the Conference, Eighth Session) https://legal.un.org/diplomaticconferences/1973_los/docs/english/
vol_11/a_conf62_sr112.pdf, visited on 30 May 2020.
8 60th Plenary meeting, Document: A/CONF.62/SR.60, para.28, the Official Records of the Third
United Nations Conference on the Law of the Sea, Volume V (Summary Records, Plenary, General
Committee, First, Second and Third Committees, as well as Documents of the Conference, Fourth