浅论领土争端解决中有效占领原则的适用

On the Application of Effective Occupation Principle in Territorial Dispute Settlement

有效占领原则是领土取得的权利根据之一,也是国际法院所常用的原则,其在处理权利不明的领土争端时具有重要意义。国际法院认为有效占领必须满足客观要件和主观要件。但领土权利并非静态的获得,其中还伴随着历史性强化原则的补充适用。在南海问题上,我国的权利主张符合有效占领的主客观要件,符合《联合国海洋法公约》和一般国际法的原则和规定。

The principle of effective occupation is one of the bases of the territorial rights, and it is also a principle commonly used by the International Court of Justice, which is of great significance in dealing with ter- ritorial disputes with unidentified rights. The Court held that objective and subjective elements must be met by effective occupation. However, territorial rights are not static, and are accompanied by the historical application of the principle of strengthening. In the South China Sea issue, China＇s claims are in line with the subjective and objective requirements of effective occupation, in line with the principles and provisions of the United Na- tions Convention on the Law of the Sea and general international law.