China's First Participation in Oral Proceedings of the International Tribunal for the Law of the Sea

2023-10-16

This is the first time that China has participated in the oral proceedings of the International Tribunal for the Law of the Sea, and it is also another groundbreaking international judicial practice after China participated in the oral proceedings of the Kosovo advisory opinion case at the International Court of Justice in 2009 We should speak up in important international judicial institutions, firmly uphold national development rights, widely unite developing countries, including small island countries, enhance the influence and shaping power of international rules, demonstrate China's high sense of responsibility for the future and destiny of humanity, and promote global governance towards fairness and justice On September 15th, Ma Xinmin, the Director of the Treaty and Law Department of the Ministry of Foreign Affairs, made a statement on behalf of China in the oral proceedings of the International Tribunal for the Law of the Sea on climate change advisory opinion case, Elaborate China's position and propositions on jurisdiction, international climate change law, and international maritime law issues. Recently, Ma Xinmin stated in a written interview with a reporter from Rule of Law Daily that this is China's first participation in the oral proceedings of the International Tribunal for the Law of the Sea, and it is also another important international judicial practice after China's participation in the oral proceedings of the International Court of Justice's Kosovo advisory opinion case. It has played a leading role in the response of emerging economies to climate change. As an important representative of developing countries, China's voice has played an irreplaceable role in objectively, balanced, and rationally understanding the demands of all parties in the court, once again proving that the world needs China's voice and solutions. As the world's second largest economy and a responsible developing country, China cannot be absent in this landmark international judicial practice. Reporter: Could you please briefly introduce the basic situation of the advisory opinion case of the International Tribunal for the Law of the Sea, which just concluded its oral proceedings at the end of September. Ma Xinmin: On December 12, 2022, the Small Island States Climate Change and International Law Commission requested the International Tribunal for the Law of the Sea to provide an advisory opinion on the obligations of States parties to the United Nations Convention on the Law of the Sea (hereinafter referred to as the Convention) in addressing the impact of climate change on the marine environment. In June 2023, 34 contracting parties to the Convention, including China, India, Brazil, the United Kingdom, Australia, and New Zealand, as well as 9 international organizations, including the United Nations and the African Union, submitted written opinions at the invitation of the court. From September 11th to 25th, the court held oral proceedings to hear oral statements from 33 contracting parties to the Convention, including China, the United Kingdom, India, and three international organizations, including the African Union, the World Conservation Union, and the Pacific Community. Reporter: Could you please explain why the Chinese government is participating in this advisory opinion? What is the significance of this? How do all parties evaluate the oral statements made by the Chinese government? Ma Xinmin: This case is the first climate change case handled by a global judicial body, involving the interpretation and application of climate change, marine environmental protection rules, and their interaction. It may become a precedent that will affect future international judicial practice, and its impact on global governance and order construction cannot be ignored. It is also related to China's efforts in the United Nations Framework Convention on Climate Change system and the United Nations Oceans and Oceans system

Edit:Wang Chen    Responsible editor:Jia Jia

Source:legaldaily.com

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