無人島等における実効支配の要件
投稿者： henchin_pokoider01 投稿日時： 2006/04/24 17:21 投稿番号： [13298 / 18519]
「他国が知りうる状況での表示且つ他国から抗議が表明されていない」は必要ではあるが、「他国が知ってなければならない」なんて妄想要件をどこから紡ぎだせるんだろう？
＜Eritrea-Yemen(100人程度の漁師が居住してた島、無人島も含む）＞
The modern international law of the acquisition (or attribution) of territory generally requires that there be: an intentional display of power and authority over the territory, by the exercise of jurisdiction and state functions, on a continuous and peaceful basis.
＜Qit'at Jaradah島（無人島）＞
Bahrain claims that Qit'at Jaradah comes under Bahraini sovereignty, since it has displayed its authority over it in various ways, and that this was recognized by the British Government in 1947. In this respect it has referred to a number of activities, including the erection of a beacon, the ordering of the drilling of an artesian well, the granting of an oil concession, and the licensing of fish traps. Qatar contends that Qit'at Jaradah, being a low-tide elevation, cannot be appropriated, and that, since it is situated in the part of the territorial sea which belong to Qatar, Qatar has sovereign rights over it.
Certain types of activities invoked by Bahrain such as the drilling of artesian wells would, taken by themselves, be considered controversial as acts performed a titre de souverain. The construction of navigational aids, on the other hand, can be legally relevant in the case of very small islands. In the present case, taking into account the size of Qit’at Jaradah, the activities carried out by Bahrain on that island must be considered sufficient to support Bahrain’s claim that it has sovereignty over it.
＜Eastern Greenland（ほぼ無人の地）＞
a claim to sovereignty based not upon some particular act or title such as a treaty of cession but merely upon continued display of authority, involves two elements each of which must be shown to exist: the intention and will to act as sovereign, and some actual exercise or display of such authority.
Another circumstance which must be taken into account by any tribunal which has to adjudicate upon a claim to sovereignty over a particular territory, is the extent to which the sovereignty is also claimed by some other Power.
It is impossible to read the records of the decisions in cases as to territorial sovereignty without observing that in many cases the tribunal has been satisfied with very little in the way of the actual exercise of sovereign rights, provided that the other State could not make out a superior claim.
＜PULAU LIGITAN AND PULAU SIPADAN（無人島）＞
In particular in the case of very small islands which are uninhabited or not permanently inhabited like Ligitan and Sipadan, which have been of little economic importance (at least until recently) effectivites will indeed generally be scarce.
The Court finally observes that it can only consider those acts as constituting a relevant display of authority which leave no doubt as to their specific reference to the islands in dispute as such. Regulations or administrative acts of a general nature can therefore be taken as effectivites with regard to Ligitan and Sipadan only if it is clear from their terms or their effects that they pertained to these two islands.
＜Eritrea-Yemen(100人程度の漁師が居住してた島、無人島も含む）＞
The modern international law of the acquisition (or attribution) of territory generally requires that there be: an intentional display of power and authority over the territory, by the exercise of jurisdiction and state functions, on a continuous and peaceful basis.
＜Qit'at Jaradah島（無人島）＞
Bahrain claims that Qit'at Jaradah comes under Bahraini sovereignty, since it has displayed its authority over it in various ways, and that this was recognized by the British Government in 1947. In this respect it has referred to a number of activities, including the erection of a beacon, the ordering of the drilling of an artesian well, the granting of an oil concession, and the licensing of fish traps. Qatar contends that Qit'at Jaradah, being a low-tide elevation, cannot be appropriated, and that, since it is situated in the part of the territorial sea which belong to Qatar, Qatar has sovereign rights over it.
Certain types of activities invoked by Bahrain such as the drilling of artesian wells would, taken by themselves, be considered controversial as acts performed a titre de souverain. The construction of navigational aids, on the other hand, can be legally relevant in the case of very small islands. In the present case, taking into account the size of Qit’at Jaradah, the activities carried out by Bahrain on that island must be considered sufficient to support Bahrain’s claim that it has sovereignty over it.
＜Eastern Greenland（ほぼ無人の地）＞
a claim to sovereignty based not upon some particular act or title such as a treaty of cession but merely upon continued display of authority, involves two elements each of which must be shown to exist: the intention and will to act as sovereign, and some actual exercise or display of such authority.
Another circumstance which must be taken into account by any tribunal which has to adjudicate upon a claim to sovereignty over a particular territory, is the extent to which the sovereignty is also claimed by some other Power.
It is impossible to read the records of the decisions in cases as to territorial sovereignty without observing that in many cases the tribunal has been satisfied with very little in the way of the actual exercise of sovereign rights, provided that the other State could not make out a superior claim.
＜PULAU LIGITAN AND PULAU SIPADAN（無人島）＞
In particular in the case of very small islands which are uninhabited or not permanently inhabited like Ligitan and Sipadan, which have been of little economic importance (at least until recently) effectivites will indeed generally be scarce.
The Court finally observes that it can only consider those acts as constituting a relevant display of authority which leave no doubt as to their specific reference to the islands in dispute as such. Regulations or administrative acts of a general nature can therefore be taken as effectivites with regard to Ligitan and Sipadan only if it is clear from their terms or their effects that they pertained to these two islands.
固定リンク：https://yarchive.emmanuelc.dix.asia/1835396/cddeg_1/13298.html