The Study On The Application Of The Principle Of Effective Control

In today’s world, due to the factors such as the presence of history and reality ofaggression and war against aggression, colonial rule, the inheritance between states, nationalfusion or migration, natural climatic conditions changes and so on. The territorial divisionbetween countries, especially between neighboring countries is not as jurisprudence anddoctrinal thought as simple and precise. And territorial disputes between countries abound.Some of these disputes have been shelved temporary not processing, some have been orare being solved through negotiation, consultation, etc; others are resorting to theInternational Court in judicial way to judge. The principle of effective control is the specificjudicial rule which is gradually formed in the judicial practice of the process of resolvingterritorial disputes submitted by each party by the International Court of Justice.As we all know，China has the third-largest land area after Russia and Canada, and haslong land borders and sea borders. There are many disputes between China and some othercountries, whether it is in China’s land territory or maritime territorial. Among them, theterritorial dispute between China and Japan on the Diaoyu Islands is particularly prominentand has become a long-standing shackle which affects Sino-Japanese political, economic,cultural and diplomatic interaction. Due to the history that Japan has waged a war ofaggression against China, and created many shocking events and tragedy, and its post-warattitude of remorse and pleaded guilty for the war is really bad, coupled with the recentactivities of the extreme right-wing forces in Japan’s civil and political arena is extremelyrampant, the Diaoyu Islands dispute between China and Japan, has triggered numerous ethniccontradictions and conflicts between the two countries.Since ancient times, the Diaoyu Islands are always China’s inherent territory; this factorhas been proved by history and law, and there is no one could deny it. However, with the richoil and gas resources in the waters near the Diaoyu Islands is found in the end of the1960s,the important strategic and economic value of the Diaoyu Islands has greatly stimulated thenerves in Japan. Since then, Japan began to implement its plan head to graduallymisappropriation of the Diaoyu Islands: sending oil companies to the Diaoyu Islands for theso-called oil and gas exploration; Unauthorized damage the Chinese markers exist on theisland, put the boundary marker of Okinawa Prefecture, with a vain attempt to destroyevidences which could prove that the Diaoyu Islands have been under the jurisdiction of China since ancient times, and sent troops to the Diaoyu Islands for patrolling; and then toreup the gentleman’s agreement which was signed during the Sino-Japanese diplomatic relationswith out permission, and repaired airport, built lighthouse on the Diaoyu Islands despite thestrong opposition from China; even in2012September11, signed the Diaoyu Islands’"contract of sale" with the national who claimed to have the ownership of the Diaoyu Islands,and declare the completion of the Diaoyu Islands " nationalization ". These activities representthat Japan’s vainly attempt which is using the principle of effective control to occupy theDiaoyu Islands which belong to China by its so-called actual control of the islands isabundantly clear.However, as the specific judicial rule for the International Court of Justice to adjudicatecases about territorial disputes, can the principle of effective control really be applied to theSino-Japanese dispute over the Diaoyu Islands according to the Japanese thought and achieveits plan to misappropriate the territorial sovereignty of the Diaoyu Islands?This article will analyze and discuss the applicable conditions of the principle ofeffective control, to demonstrate that this principle can not be applied to the Sino-Japanesedispute over the Diaoyu Islands.Firstly, this article discusses the historical origins of the principle of effective control andits constituent elements, and carries on the preliminary introduction and explanation aboutthis principle; secondly, concluded that the appropriate rules of procedure for the applying ofthe principle of effective control should follow by anglicizing and Researching on the casesinvolving the principle of effective control trialed by the International Court of justice; thirdly,demonstrated the principle of effective control can not be applied to the Sino-Japanese disputeover the Diaoyu Islands, any unilateral action taken by the Japanese on the islands are invalid,it violates the basic principles of international law, and infringes the sovereignty of China;Finally, further clarify that the Diaoyu Island and its affiliated islands have been China’sinherent territory since ancient times, China has the indisputable sovereignty over the DiaoyuIslands.Through the research on the above problems, the author can conclude that the principleof effective control can not be applied to the Sino-Japanese dispute over the Diaoyu islands, the sovereignty of the Diaoyu Islands belongs to China; China’s national divine sovereigntyshould not be inviolable.