42
Y. Jin
Paragraph 1 of Article 311 sets forth that this Convention shall prevail, among States
Parties, over the Geneva Conventions on the Law of the Sea of April 29, 1958.
The UNCLOS is a charter comprehensively regulating marine issues
2 and has been
approved by 168 countries (including the EU), thus enjoying universality.
3 Meanwhile, most of its contents is a result of compiling customary international law, so
even a country not being a State Party to this Convention shall comply with the rules
of customary international law therein.
In order to promote the general compliance and implementation of provisions of
the UNCLOS, all countries, according to the status and requirement of international
law in domestic law, shall accelerate the transformation and implementation of the
UNCLOS so as to enrich their domestic system on the law of the sea. China is one
of them because this is not only a requirement of the Vienna Convention on the
Law of Treaties, but also an important duty of State Parties to UNCLOS
4 satisfying
the requirement of international rule of law.
5 This is of important significance and
plays an important role in maintaining ocean order, abides by ocean rules, claiming
and exercising maritime rights, and resolving disputes over rights according to laws.
Against the background that the international community accelerates its development
and exploitation of ocean space and resources and vigorously advocates settlement of
ocean issues on the basis of rules, UNCLOS has encountered challenges and needed
development since its adoption in 1982 and entry into force in 1994. It is necessary to
systematically expound on the characteristics and development trend of UNCLOS,
thus providing guidance for China to further improve the system on the law of the
sea and foster the process of building an ocean power.
2 The nature of the United Nations Convention on the Law of the Sea as a “Charter” is mainly shown
in the completeness of its content and the authority of its status. The “completeness” refers to rich
and comprehensive content of the text of and appendixes to United Nations Convention on the Law
of the Sea; the “authority” means that the United Nations Convention on the Law of the Sea does not
only incorporate customary international laws but also enjoys attributes and characteristics beyond
the system of Geneva Conventions on the Law of the Sea.
3 See https://www.un.org/depts/los/reference_files/status2018.pdf, visited on August 23, 2018.
4 For example, Article 26 of Vienna Convention on the Law of Treaties and Article 300 of the United
Nations Convention on the Law of the Sea.
5 For example, Resolution (A/RES/70/118) on the rule of law at the national and international levels
adopted by the General Assembly on 14 December 2015 on the report of the Sixth Committee
(A/70/511) sets forth that the General Assembly reaffirms the need for universal adherence to
and implementation of the rule of law at both the national and international levels and its solemn
commitment to an international order based on the rule of law and international law, which, together
with the principles of justice, is essential for peaceful coexistence and cooperation among States.
Y. Jin
Paragraph 1 of Article 311 sets forth that this Convention shall prevail, among States
Parties, over the Geneva Conventions on the Law of the Sea of April 29, 1958.
The UNCLOS is a charter comprehensively regulating marine issues
2 and has been
approved by 168 countries (including the EU), thus enjoying universality.
3 Meanwhile, most of its contents is a result of compiling customary international law, so
even a country not being a State Party to this Convention shall comply with the rules
of customary international law therein.
In order to promote the general compliance and implementation of provisions of
the UNCLOS, all countries, according to the status and requirement of international
law in domestic law, shall accelerate the transformation and implementation of the
UNCLOS so as to enrich their domestic system on the law of the sea. China is one
of them because this is not only a requirement of the Vienna Convention on the
Law of Treaties, but also an important duty of State Parties to UNCLOS
4 satisfying
the requirement of international rule of law.
5 This is of important significance and
plays an important role in maintaining ocean order, abides by ocean rules, claiming
and exercising maritime rights, and resolving disputes over rights according to laws.
Against the background that the international community accelerates its development
and exploitation of ocean space and resources and vigorously advocates settlement of
ocean issues on the basis of rules, UNCLOS has encountered challenges and needed
development since its adoption in 1982 and entry into force in 1994. It is necessary to
systematically expound on the characteristics and development trend of UNCLOS,
thus providing guidance for China to further improve the system on the law of the
sea and foster the process of building an ocean power.
2 The nature of the United Nations Convention on the Law of the Sea as a “Charter” is mainly shown
in the completeness of its content and the authority of its status. The “completeness” refers to rich
and comprehensive content of the text of and appendixes to United Nations Convention on the Law
of the Sea; the “authority” means that the United Nations Convention on the Law of the Sea does not
only incorporate customary international laws but also enjoys attributes and characteristics beyond
the system of Geneva Conventions on the Law of the Sea.
3 See https://www.un.org/depts/los/reference_files/status2018.pdf, visited on August 23, 2018.
4 For example, Article 26 of Vienna Convention on the Law of Treaties and Article 300 of the United
Nations Convention on the Law of the Sea.
5 For example, Resolution (A/RES/70/118) on the rule of law at the national and international levels
adopted by the General Assembly on 14 December 2015 on the report of the Sixth Committee
(A/70/511) sets forth that the General Assembly reaffirms the need for universal adherence to
and implementation of the rule of law at both the national and international levels and its solemn
commitment to an international order based on the rule of law and international law, which, together
with the principles of justice, is essential for peaceful coexistence and cooperation among States.