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A Study On The Application Of International Customary Law In The Settlement Of Island Sovereignty Disputes

Posted on:2018-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:S W HuangFull Text:PDF
GTID:2346330515986851Subject:International Law
Abstract/Summary:PDF Full Text Request
Before signed the "UNCLOS",the settlement of island sovereignty disputes between countries mainly relied on the customary international law. But in contemporary theories of Settlement of island sovereignty disputes ,the status of customary international law has been awkward ,Because the international community think that rely on the treaty and the"UNCLOS"to resolve the island sovereignty dispute more convenient .As the international community attaches great importance to the Treaty and "UNCLOS",so there are many domestic writings and academic papers,but at present, there is no specialized monographs and papers discussing the application of International Customary Law in island sovereignty Problems. This paper focuses on how international customary law is applied in island sovereignty dispute resolution and how to coordinate its conflicts with relevant treaties .The research method of this thesis are case analysis,literature analysis, interpretation of the provisions of law, comparative analysis.The first part is the analysis of the problem of customary international law applicable in the disputed islands.The introduction begins with analysis on the concept of international customary law and the constituent elements of customary international law s, summed up the two elements of customary international law is general practice and opinion juries. Secondly,it introduces the dilemma faced by the customary law in the settlement of the sovereignty dispute in the island. It concludes that the main problem is the conflict between international customary law and the conflict between international customary law and treaty.Finally, it summarizes the significance of the application of customary international law in the settlement of sovereignty disputes.The second part is the analysis of how to coordinate the application of conflict in the customary law of international customary law in the settlement of sovereignty disputes.In this section, case analysis is used to analyze the case of island sovereignty dispute before the International Court of Justice.Mainly describes the application of international customary law in the settlement of sovereignty disputes in islands, such as the discovery, effective possession,timeliness, addition, and how to coordinate the conflict between them.The third part is focuses on the analysis of conflict resolution in the application of customary international law and treaties in the settlement of island sovereignty disputes.First analysis of the reasons for the emergence of conflict customary law and treaty in the island sovereignty dispute settlement application,Followed by the analysis of conflict practice in the customary law and treaty application in island sovereignty dispute settlement,Finally, a solution is proposed to resolve the conflicts between customary law and treaties applied in island sovereignty dispute settlement, and further clarifying the importance of international customary lawThe fourth part analysis the problems should be paid attention to in the island sovereignty dispute settlement .Including the role of the key date and forbidden, bear the burden of proof, applicable conditions of special customary international law, coordinate the conflict between international customary law and treaty, and how to confirm the controversial rules of customary international law.The fifth part is the revelation of customary international law to China. In handling China's maritime disputes, we can reference for a customary international law involved the classification of related disputes ,and treat them differently. It should also be improve and clear historic rights of the South China Sea within the existing domestic legal framework.The country must take proactive action and give full play to the customary international law in addressing the role of maritime disputes if it wants to resolve maritime disputes which currently is facing maritime disputes and safeguards its historic maritime rights,in order to create conditions for the construction of a positive power.
Keywords/Search Tags:The Customary International Law, island sovereignty dispute, Treaty Law, The United Nations Convention on the Law of the Sea, maritime dispute
PDF Full Text Request
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