关键词: 联合国海洋法公约, 争端解决, 管辖权

Abstract: The UN Convention on the Law of the Sea established an international maritime disputes settlement mechanism centered on the International Tribunal on the Law of the Sea and supplemented by international arbitral tribunals, which is the foundation of Philippians’ applying for international arbitration on South China Sea disputes. However, the forming of arbitral tribunal is not equal to determination of jurisdiction, the tribunal must find out it really have jurisdiction power on the case before entering into any formal trails. And according to article 298 of the convention and the written announcement China had made before, the arbitral tribunal should have no jurisdiction to the case. From theory of law, Philippians’ asking China to accept a jurisdiction that never agreed by China, is against the essential logic of international and an unjustified abuse of the right to sue. China should point out Philippians’ abuse of this disputes settlement mechanism has violated the good faith obligation posed by article 300, make objection to the jurisdiction and make clear that China has the right to withdraw from the convention in order to protect its national sovereignty.

Key words: UN Convention on the Law of the Sea, Disputes Settlement, Jurisdiction