Research On The Application Of Effective Control Principle In Territorial Dispute Settlement

Effective control principle means the International Court of justice weighed the claims of the two sides of the dispute and awarded the disputed territory to the party who had more control over the actual situation.The principle of effective control is a unique principle developed in the process of settling territorial disputes by the International Court of justice,and in the past judicial practice developed slowly,and gradually developed into an important position in the settlement of territorial disputes.The principle of effective control consists of the sovereign control behavior of subjective occupation intention and objective reality,and the general principles of law and international law as the first principle,the principle of limitation of law,possession of principle and the principle of estoppel has both connection and difference,at the same time,key dates need to be identified to determine whether sovereign actions constitute effective control and to better resolve territorial disputes.The principle of effective control is constantly changing in the process of settling disputes in the international judicial organs.In the early twentieth Century,the main focus was on whether the disputed territory belonged to the territory of the non owner,it is now in the case of the Palmas Island,the Burton island and the East Greenland island.The case of Burkina Faso Mali border dispute lawsuit in late twentieth Century,Salvatore and Honduras land,islands,border dispute case fully reflects the focusing principle of effective control of this period in the disputed territory of whether there is a legitimate owner.For twenty-first Century,the principle of effective control to other factors such as Ligitan and Dan Brazil Island sovereignty case,Nicaragua and Honduras territorial and maritime disputes,white reef island,reefs and reef in South Nicaragua and Columbia sovereignty case,territorial and maritime dispute case fully reflects the connotation change.The principle of effective control has some defects in the settlement of International Territorial disputes,such as ignoring the applicable premise of effective control principle,the effective control principle that effective control of the key date and the lack of clear standards,historical right to get enough attention and in violation of the principle of Estoppel in international law does not solve the territorial disputes.In view of the existence of the relevant applicable defects,corresponding improvement measures should be put forward,such as to give priority to the legitimate owner of territory that standard applicable premise,clear and effective control principle and key date,considering the application of the original right and effectivecontrol of evidence and effective control principle should be the principle of estoppel limits,in order to apply the principle of effective control,better settlement of territorial disputes.In recent years,the situation of the Diaoyu Islands Dispute between China and Japan has become tense.Japan has put forward the principle of effective control to determine the sovereignty of the Diaoyu islands.However,in the light of the relevant theories of effective control principle,the principle of effective control can not be applied to the Diaoyu Islands Dispute between China and japan.The Diaoyu Islands Dispute applies the effective control principle,will neglect the legal owner existence,causes to neglect the key date existence as well as the illegal international law principle,therefore eliminates the effective control principle the application.Although the principle of effective control does not apply to the case,but in combination with international judicial precedent,China should strengthen the study of theory,such as the study of historical rights,and strengthen the research on the theory of effective control principle,and to strengthen the administrative existence,legal existence and military existence in practice,so as to consolidate our sovereignty over the Diaoyu islands.