The Study On The Effective Control Principle In Territorial Dispute Settlement

Territorial disputes have existed since ancient times.Under the new situation,more and more countries have entered the sequence of competing for the rights and interests of the sea with the rise of the marine economy.The Diaoyu Islands have been Chinese territory since ancient times and have been documented in our country's historical archives for a long time.Japan has long insisted on the principle of effective control asserting sovereignty over the Diaoyu Islands.Through the ages,Sino-Japanese relations have been strained because of the Diaoyu Islands issue.Defending the integrity of the countrys territory and sovereignty and Chinas maritime rights and interests is an urgent need in the new situation.Under the new circumstances,the international community has formed a complete set of rules of frameworks.This division rule formed in practice is of great significance in solving the territorial disputes.International rules,as a basis for classification,must meet certain conditions.Only when all elements are available can they be supported by international rules,And the unilateral declaration has no persuasive power.In recent years,the principle of effective control is most widely used in the principle of the International Court of Justice in the settlement of territorial disputes.With the recognition that the territories do not have a legal owner,the International Court of Justice awards the disputed territories to the party that actually has effective control.Effective control is not merely the effective control that can actually achieve the sovereignty of the disputed land based on the principle of effective control.The principle of effective control itself has a series of applicable requirements.Only whenthese gets the requirements and the applicable restrictions are excluded,can the sovereignty of the disputed land be obtained on the principle of effective control.The principle of effective control has been a clear principle of evidentiary adjudication in recent international territorial disputes.Many countries have misunderstood and scramble to even forcefully occupy and control the legitimate territory of other countries.In order to safeguard China's territorial sovereignty and integrity,it is of great significance to thoroughly study the applicable requirements of effective control principles and to resolve the predicament of territorial disputes that China faces.This article mainly studies the concrete meaning of the effective control principle,applicable conditions,applicable restrictions,and comprehensive analysis of effective control principles.It will first discuss the basic content of the effective control principle,including the historical source constituent elements,and grasp the principle of effective control as a whole.Second,it will focus on analyzing the specific application of effective control principles in international judicial decisions,and selecting typical cases to analyze the specific application of development of the rules.Again,according to the applicable requirements of the effective control principle itself,the procedural rule restrictions applicable to the effective control principle are analyzed.Finally,by refuting the illegality of Japan's claim on Diaoyu Island,it has been demonstrated that Diaoyu Island has been China's territory since ancient times,and Japan's claims on Diaoyu Island's sovereignty are groundless and in violation of relevant provisions of international law and infringe upon China's territorial sovereignty and integrity.According to the applicable requirements of the effective control principle mentioned above,the principle of effective control is not applied to the dispute between the islands of China and Japan.Even if the principle of effective control is applied,combined with the refereeing rules of the effective control principle,Diaoyu Islands also belongs to China.China has indisputable sovereignty over this.