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Judge Standard Of International Justice And Respond To China’s Maritime Territorial Disdupes Resolved

Posted on:2014-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:X L JiangFull Text:PDF
GTID:2256330425459227Subject:International Law
Abstract/Summary:PDF Full Text Request
The ownership of the disputed territory can be defined by means as follwed:war,political means, and international judicial proceedings.To maintain the integrity of the national territory through war has become the last choice since the Second World War, countries that advocate peace will consider this mean only when they have no choice. And the modern international justice advocates the means of political and international law to resolve these disputes. No matter which mean a country will take, it can strengthen its right of disputed territory through the forms of effective ruling, actual possession as well as treaty, therefore, it can make advantage for solving disputed territory through political means and international judicial proceedings in the future. Since a long time, our country has maritine territorial disputes and delimitation disputes with some countries, such as with South Korea and Japan on the East Sea, with Vietnam, Philipines in the South Sea, and so on. From the fourth month of this year, China government has been keeping a great deal of patience and restraint on the confrontation event with Philipines on Huangyan Island, the nationalization event of Diaoyu Islands through purchasing of Japan government, and the endless occupation of Spratly Islands and the Paracel Islands for Vietnam. And our country has tried to solve these disputes through political means.However, these means not only seems to be useless, but also contribute to the occupation of our territory for other countries. Under this condition, the international justice has become the first choice to solve marine territorial disputes for our country. Throngh reviewing and analysizing the justicial practice of international court, this paper found that effective rule, actual possession and treaty as means of resovling territory disputing have proved to be effective in the practice of international justice. That’s to say, these means have become important standard of international justicial proceedings. As a result, before turning to international justice we can take these three methods to resole territorial disputes, which not only can strength our ownership of the disputes islands, but also create advantadge for our country to take international justice to deal with these disputes. Nevertheless, according to the research on the practice of international justice, the international court, which stands for international justice, has to take historial evidence and other related factors in to consideration before they make a adjudication about disputed territory. Therefore, our country should take some positive actions to the historial evidence of the disputed territory by the time of doing something to effective rule, actual possession and treaty.
Keywords/Search Tags:marine territory, international justice, effective rule, actualpossession, treaty
PDF Full Text Request
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