決定的根拠
投稿者: henchin_pokoider01 投稿日時: 2006/04/22 01:26 投稿番号: [13134 / 18519]
●当然であるが、主権の表示に他国の抗議が発生してないことは前提で主権表示の直接的証拠が決定的根拠。
For the Court, there appears to be a strong presumption in favour of this view, without it being possible however, to draw any definitive conclusion as to the sovereignty over the groups, since this question must ultimately depend on the evidence which relates directly to possession.
●「evidence which relates directly to possession」は自治体の活動でも良い。ちなみに、公的機関からの漁業ライセンスを受けていれば漁師の活動でも良い。
The Court attached probative value to various acts relating to the exercise by Jersey of jurisdiction and 【local administration】 and to legislation, such as criminal proceedings concerning the Ecrehos
●主権の表示方法は官報だけではない。(官報も表示方法の1つではある)
<例>
With regard to the Minquiers, the Court noted that in 1615, 1616, 1617 and 1692, the Manorial court of the fief of Noirmont in Jersey exercised its jurisdiction in the case of wrecks found at the Minquiers, because of the territorial character of that jurisdiction.
Other evidence concerning the end of the eighteenth century, the nineteenth and the twentieth centuries concerned inquests on corpses found at the Minquiers, the erection on the islets of habitable houses or huts by persons from Jersey who paid property taxes on that account, the registration in Jersey of contracts of sale relating to real property in the Minquiers. These various facts show that Jersey authorities have, in several ways, exercised ordinary local administration in respect of the Minquiers during a long period of time and that, for a considerable part of the nineteenth century and the twentieth century, British authorities have exercised State functions in respect of this group.
For the Court, there appears to be a strong presumption in favour of this view, without it being possible however, to draw any definitive conclusion as to the sovereignty over the groups, since this question must ultimately depend on the evidence which relates directly to possession.
●「evidence which relates directly to possession」は自治体の活動でも良い。ちなみに、公的機関からの漁業ライセンスを受けていれば漁師の活動でも良い。
The Court attached probative value to various acts relating to the exercise by Jersey of jurisdiction and 【local administration】 and to legislation, such as criminal proceedings concerning the Ecrehos
●主権の表示方法は官報だけではない。(官報も表示方法の1つではある)
<例>
With regard to the Minquiers, the Court noted that in 1615, 1616, 1617 and 1692, the Manorial court of the fief of Noirmont in Jersey exercised its jurisdiction in the case of wrecks found at the Minquiers, because of the territorial character of that jurisdiction.
Other evidence concerning the end of the eighteenth century, the nineteenth and the twentieth centuries concerned inquests on corpses found at the Minquiers, the erection on the islets of habitable houses or huts by persons from Jersey who paid property taxes on that account, the registration in Jersey of contracts of sale relating to real property in the Minquiers. These various facts show that Jersey authorities have, in several ways, exercised ordinary local administration in respect of the Minquiers during a long period of time and that, for a considerable part of the nineteenth century and the twentieth century, British authorities have exercised State functions in respect of this group.
これは メッセージ 13132 (T_Ohtaguro さん)への返信です.
固定リンク:https://yarchive.emmanuelc.dix.asia/1835396/cddeg_1/13134.html