A Study On The Critical Date In International Law

Based on the international legal practice and with the background of the theoretical framework of international law,this thesis,attempting to excavate the fundamental principle of critical date,analyze the selecting criteria,and the legal role and procedural significance.Through the case study and theoretical analysis of critical date,it focuses on the the sovereignty dispute of Diaoyu Islands,the inspection of the practical value of critical date for the settlement of China's territorial disputes,and the provision of the thinking of jurisprudence analysis and decision support.In addition to the introduction,the whole text is divided into five chapters:Chapter 1 constitutes the thorough inquiry of fundamental connotation of critical date.Due to the complexity and long-term nature of international disputes,the analysis is given with respect to the significance of time in the rights conflict identification and rights relief procedures in the international law.The continuing analysis is further with respect to the need for judicial settlement of international disputes in the understanding of dispute-related circumstances with the critical date taken as a prerequisite.Then by taking the scope of to-be-identified circumstances requiring for dispute settlement as an entry point,the analysis focuses on the basic elements of the fundamental connotation of critical date.The analysis reveals that critical date is a key point at which changes in the international disputes have evolved to affect the nature of legal relations.Chapter 2 serves as the study with respect to the determination of critical date.By taking the presentation and determination of critical date in practice as the object of study,the analysis is conducted with respect to the criteria for the determination of critical date.In this chapter,common factors of critical date in international disputes are analyzed and determined from the perspective of right constitution of legal right.Chapter 3 serves as the evaluation of the role of critical date.Based on international judicial decisions,the analysis and evaluation are with respect to the role of critical date.First of all,the basic principle and exceptional circumstances are discussed in this chapter,and continuing analysis is further given on that basis with respect to the impact of critical date on evidence testifying power.Chapter 4 serves as the analysis of critical date in international judicial proceedings.In the light of a great many critical dates related to the question of procedure in the international judicial practice,the attempts are made ith respect to the theoretical analysis of them.The jurisdiction and the admissibility of disputes serve as preliminary factors for the dispute settlement procedures.Detailed analysis is provided with respect to the role of critical date on the issue of the jurisdiction and admissibility.Chapter 5 serves as a survey of the critical date in the sovereignty dispute of Diaoyu Islands between China and Japan.Based on the above theoretical researches,the analysis is given with respect to the critical date in the dispute.Based on the investigation of the evolution course of dispute and clarification of claims as well as jurisprudence logic,the analysis is firstly given with respect to the fact that the issues of territorial acquisition and territorial change serve as the focal dispute point in the sovereignty dispute over Diaoyu Islands,and then the probable critical date is proposed.After that,the analysis is given with respect to the legal effect of the evidence provided by both sides.