Research On The Effective Control Of The Rules Of International Law

Territory is one of the countries constitute the four elements of territorial sovereignty is the core of a country’s interest in, only the territorial sovereignty, national stability, people’s ability to live and work in peace and contentment. But with the progress of science and technology, the rapid development of world economic, political, economic, cultural and other conflicts between countries are increasingly obvious.Traditional way of territorial acquisition and the change has been more and more can’t adapt to the new trend of The Times, the puts forward higher requirements on territorial sovereignty, territorial disputes intensified. Depends on the rest of the world peace and development, countries are actively seeking a peaceful way to solve the national territorial disputes, the international court of justice in acquisition and use of traditional territory change way solutions at the same time, the country’s territorial disputes also slowly explore a new way of territorial dispute settlement, the effective control of the rules.This article uses the case analysis, value analysis, empirical analysis and material analysis from the following four parts to effective control rules discussed in the territorial dispute.Only in the first part of this, the traditional international law theory preempt, aging, cession, add echo conquer the five territorial acquisition and change the way, to effectively control rules, experienced a process of constant development mature, its place in the international territory law is also a process of development gradually evolved, in order to comply with the development of The Times, the peace and stability in the international order, the international court of justice in the experience of the summary judgment practice gradually.First international judicial institutions focused on "effective control", to apply the rules alone, to the final again in case the established legal owner"" effective controllers to territory of case ideas and notice will be effective control rules applicable to combine with other relevant principles of international law.The second part, this paper discusses the effective control of the cognizance of the rules. Effective control rule is a new developed a kind of modern international law on territorial disputes solution, but it cannot be applied independently; At the same time, the difference between effective control rules and relevant concepts of territorial disputes effectively solve is of great help; We want to realize the effective control rules are composed of two aspects of subjective and objective elements, one, one of the most core components or objective elements, and probes into the effective control rules in dealing with territorial disputes in the unique value.The third part, demonstrates the effective control of the application of the rules. Territorial sovereignty ambiguous land is the applicable premise of effective control rules, and we should clearly realize the effective control rules do not apply alone, it needs to be combined with the relevant rules, such as effective control rules in practice must be combined with the principle of respect for state sovereignty and integrity, otherwise it may violate the sovereignty of other countries’ inherent, its also and critical moment, the principle of estoppel "word combination such as applicable, otherwise more territorial disputes may be caused, resulting in instability and insecurity of the international order.The fourth part, illustrates the effective control of the rules of China’s territorial disputes with its neighboring countries. In recent years, international judicial institutions with effective control rules successfully solved many territorial disputes. But in recent years our country’s territorial disputes with India, Japan and other countries intensified, while India and Japan on territorial disputes with our country not only tough, ignored a peaceful solution to the general plan put forward by the Chinese government, but also more action to further China’s sovereign territory integrity of aggression. To the permanent stability of the country, our country should summarize experience and lessons, and take corresponding measures in order to maximize to defend our sovereignty territorial integrity.