Evidence Of The Territorial Disputes In The International

The main research object of this article is the problem of evidence in international territorial disputes,combination of the international court of justice to solve territorial disputes related cases.The author have analyzed the three core issues of evidence theory:admissibility of evidence, standard of proof,cognizance of evidence.The author hope that through the research on the evidence of international territorial disputes,restored the truth of the diaoyu islands dispute,showed the international community that the diaoyu islands belong to China.Also hope provide a new perspective to solve the diaoyu islands dispute,through the international litigation.This article consists of four chapters.The first chapter is about admissibility of evidence of the territorial disputes, as critical date for time limit requirements of admissibility of evidence,as some evidence exclusion rules for rules requirements of admissibility of evidence,discussed the parties of the territorial disputes submit what evidence can be adopted by the international court of justice.The second chapter is about standard of proof of the territorial disputes,focused on the preponderance of evidence which is widely used in the territorial dispute by the international court of justice. The third chapter is about cognizance of evidence of the territorial disputes,this is the focus of the article.According to the rules that how to weight the evidence,the author divided the evidence into several categories,such as Treaty evidence,Uti Possidetis Juris evidence,Effective Control evidence and so on,based on the relevant jurisprudence of the international court of justice,the author sums up some identified rules about these evidence,and,clear the identified standards.The fourth chapter,based on the above theory,the author contrastive analysis the evidence of diaoyu islands dispute held by China and Japan,pointed out our country has absolutely advantage of initiative rights evidence,to emphasize the diaoyu islands are an integral part of our territory.