论文部分内容阅读
在国际司法判例的推动下,判断争议领土归属的国际法制度正逐步形成、完善。如果相关国家就争议领土的归属达成了合意或是有单方面的同意,则应当依据相关国家的意思来确定争议领土的归属。如不存在此类法律依据,则应通过综合审查各争端当事国在关键日期以前对争议领土行使主权权力的证据,依据有效占领原则确定争议领土的归属。但如依上述方法确定争议领土的归属还存在不公平、不合理的情况,则应对依法初步划定的边界进行衡平调整。
Under the guidance of international judicial precedents, the international legal system for judging the ownership of the disputed territory is gradually being formed and perfected. If the countries concerned agree or unilaterally agree on the attribution of the disputed territory, the ownership of the disputed territory should be determined on the basis of the meaning of the country concerned. In the absence of such legal basis, the ownership of the disputed territory should be determined on the basis of the principle of effective occupation by comprehensive review of the evidence by the parties to the dispute over the exercise of sovereign rights over the disputed territory by the critical date. However, if it is unfair and unreasonable to determine the ownership of the disputed territory according to the above-mentioned method, the border adjusted according to the initial determination of the law should be adjusted in balance.