China Has Implemented Effective Control Research On The South Island Reef

The principle of Effectivite is not apply to the reef disputes whose original sovereignty is clear,While in the Case of Pulau Batu Puteh in 2008,the International Court of Justice had recognized that the Pulau Batu Puteh is not the island whose original sovereignty is not clear,and the International Court of Justice admitted that the Pulau Batu Puteh's original country was Malaysia(the Kingdom of Johor).But since the Kingdom of Johor had publicly clearly gave up its sovereignty of Pulau Batu Puteh,in addition Singapore had continued openly implement sovereignty to Pulau Batu Puteh,and its behavior hadn't suffered any international opposition,so the International Court judged that the Pulau Batu Puteh belongs to Singapore.The Case of Pulau Batu Puteh indicated that the principle of Effectivites shows a significant increase in the scope of application,even the disputed reefs' original countries'sovereign is clear,but if the original country had ever gave up its islands sovereignty,and the other parties was conform to the Effectivites,the International Court of Justice would support the parties who had actually control the reefs.The South China Sea islands is China's inherent territory since ancient times,however,due to historical reasons,the islands of the South China Sea's most islands were in other countries'illegal control,and with the expansion of Effectivites'application scope,China must pay attention to the effectiveness of the Effectivities which is brought by what China does in South China Sea,in order to avoid surrounding countries to make use of the principle to achieve China's sovereignty in South China Sea islands and reefs.The first part of the article,uses the international cases of territorial sovereignty disputes to introduce the origins of the principle of Effectivities and its development and maturation,then analyzed the Effectivites' subjective and objective elements,finally indicates that principle of Effectivites must confirm with principles of Estoppel and Intertemporal Law.The second part focuses on the challenges of China would face in order to achieve effective control in the field of international law in the dispute of South China Sea islands.First,it talks about the theory difficulties in China to achieve effective control in the South China Sea islands and reefs,followed by analyzing neighboring countries' sovereignty behavior which make actually interference to China to achieve effective control in the South China Sea islands and reefs,and finally discusses the shortages of China's own policy that may also make a great trouble to China in its effective control in South Island reefs,and analyzes the main reasons about why China can't have effective control in South China Sea islands.The third part mainly suggests that China should take measures to realize the goal of Effectivites in the South China Sea in international law.Firstly,it describes what should China do to strengthen its theory advocates to made China achieve its effective control in South China Sea islands,then provide suggestions of what China can do to strengthen its actural control over South China Sea islands,lastly,talk about what our country can do to make the South China Sea policy perfect.This article mainly uses the ways of the historical analysis,comparative analysis and case analysis,to bundle South China Sea policy together with principle of Effectivites,with reverse thinking,in order to prove that the South China Sea policy fit the principle Effectivites in international law,what's more,the South China Sea policy actual control effect in the South China Sea islands and its waters is much stronger than the member countries of Association of Southeast Asian Nations(ASEAN).The paper is to show to the world that,no matter from the angle of historic inherent sovereignty or sovereign control perspective,the South China Sea islands are inalienable parts of China.