Application of interim measures by the International Tribunal for the Law of the Sea

Jie Lou

Graduate School of Humanities and Social Sciences, Hiroshima University, Hiroshima, 730005, Japan

Abstract:

The International Tribunal for the Law of the Sea (ITLOS) was established as an independent judicial body by the United Nations with thew focused aim of resolving disputes arising from the United Nations Convention on the Law of the Sea. While a dispute is being addressed, the number one role of ITLOS is to intervene with timely remedies to preserve the rights of the parties and prevent irreparable damage. The current study explored the approach used by China to interim measures in ITLOS proceedings and its broader implications. Analysis of the key cases involving China and interim measures lead to the uncovering of various factors that can influence China's stance and, therefore, by extension, affect its impact on ITLOS proceedings and the international rule of law.Case study methodology was applied to examine specific instances where China had been involved in ITLOS proceedings and the application of interim measures. Primary sources,  legal documents, and official statements from China, were used to gather relevant data. The study revealed that China's growing involvement in ITLOS cases reflected its evolving maritime disputes and interests. The country's approach to interim measures was influenced by its stance on sovereignty and territorial claims, which impacted its engagement with the tribunal and the legitimacy of ITLOS decisions. The findings revealed that China's increasing engagement with ITLOS cases reflects that its maritime disputes and interests. China's approach to interim measures is shaped by its sovereignty and territorial claims, influencing its interactions with the tribunal and the legitimacy of ITLOS decisions.The study's contribution lay in enhancing the understanding of interim measures' significance in ITLOS proceedings and their implications for international maritime governance. By highlighting lessons learned and offering recommendations for constructive engagement and possible reforms, this research provided valuable insights for China and other states involved in maritime disputes. Moreover, the study opened avenues for further research into emerging issues in maritime law and governance, ensuring the peaceful resolution of maritime conflicts within the framework of international law.

Keyword:

International Tribunal for the Law of the Sea (IITLOS), Interim Measures, Maritime Disputes, China Focus