Analysis Of Indonesia And Malaysia Islands Dispute Case

Indonesia and Malaysia on Ligitan and Sipadan Island sovereignty case, in December17,2002, the International Court of justice bring in a verdict that the sovereignty of these two dispute islands belongs to Malaysia. China is adjacent to Southeast Asia, most of the territorial disputes occur between China and other Southeast Asian countries. Indonesia and Malaysia islands dispute case is a very important case of the International Court of justice in solving territorial disputes between countries of Southeast Asia, it has great value on research. International Court of justice trial and verdict the Indonesia and Malaysia island dispute case from the application of treaties, the application of national inherited as well as the application of effective control of these three focus problems of both parties in the review. Consider a full range of in-depth interpretation of the application of treaties, through literal interpretation, context interpretation, purpose interpretation, and additional explanation, subsequent practice review and research of maps of the the fourth rule of1891treaty of Anglo and Dutch. Consider the legal and historical evidence of state succession, as well as based on key date of both parties in the effective control of the objective and subjective elements and the form of substantive standards review. And finally according to the slight advantage of effectively control, the Court verdict that the sovereignty of the disputed islands belongs to Malaysia. The trial and judgment of the case has fully demonstrated trial mode and value orientation of the International Court of Justice in the trial of the sovereignty dispute cases, and shows that the thinking mode and standards of the International Court of Justice on treaty application, state succession application and the application of effective control, as well as the different degree of focusing on and attention to different types of evidence. Through in-depth study of this case, it can be concluded that in the field of international territorial disputes, the International Court of Justice has already formed the pattern of trail, territory acquisition mode is the legal basis, the treaty is the priority among priorities, effective control is an important performance highlight the sovereign revelation. In view of the enlightenment, this it elaborates the related law in our country the Diaoyu Islands and the South China Sea issue, which is helpful to the treatment of the territorial disputes in the field of international law.