论中国如何利用《联合国海洋法公约》有拘束力争端解决制度

有拘束力争端解决制度是《联合国海洋法公约》争端解决制度的第二步．穷尽第一步即争端方通过自身努力用和平方式解决争端，或依靠外力如斡旋、和解、仲裁等之后才能适用。谊制度适用于南海争端。中国应在南沙群岛划定领海基线，运用跳出机制，申请临时措施，要求船员或船只迅速释放。依靠“历史性权利”声索海域权利等方面更好地利用有拘束力争端解决制度。

On the Chinese How to Use ＂the United Nations Convention on the Law of the Sea＂ There are Binding Dispute Settlement System

Binding dispute settlement system is the second step of the dispute settlement system in ＂united nations convention on the law of the sea＂.The first step is that the parties to the dispute settle all disputes by peaceful means,or relying on the external force,such as medlatiion,reconciliation,arbitration. Binding dispute settlement system must be applied when the first step is exhausted.The system is applicable to the disputes over the South China Sea.China should delimitate the territorial sea baseline in the Nansha islands,using the ＂jump out＂ mechanism,apply for provisional measures,and request that the crew and the ship should be quickly released.And binding dispute settlement system should be better used in such aspects as having claims to sea rights relying on the ＂historic rights＂.