评“南海仲裁案”法庭对《联合国海洋法公约》第283条的解释和适用

The Interpretation and Application of Article 283 of UNCLOS by the Tribunal in the Philippines v. China Case

"南海仲裁案"法庭在其管辖权裁决中关于《联合国海洋法公约》第283条的解释和适用,存在一些问题和不足。该案法庭没有提供足够的理由来支撑其关于各方已经明白无误地就解决菲律宾在本案中提出的各项争端的方法交换了意见的结论。

The paper analyzes the interpretation and application of Article 283 of the LOS Conven-tion by the Arbitral Tribunal in the Philippines v. China case, and notes that there are some problems and defects in the Award. The paper tries to argue that the Tribunal failed to provide sufficient reasons to support its conclusion that the Parties have unequivocally exchanged views regarding the means of settling the disputes that the Philippines presented in the case.