On the Critical Date Factor in International Law
| Autor: | Feng, Ping-Chia, 馮品嘉 |
|---|---|
| Rok vydání: | 2019 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 107 The concept of critical date was first brought out in the Island of Palmas Case in 1928, and has been frequently discussed in international arbitral and judicial cases afterwards. At the critical date, “material facts” related to a dispute have all occurred, and therefore acts having taken place after the date can no longer change the situation before the date, unless such acts are a normal continuation of the event that occurred before the critical date. The purpose of setting a critical date is to take into account the facts related to the dispute and to exclude situations that are not relevant to the dispute, so that the settlement of the dispute is based on the most correct, fair and equitable evidence. The practice of selecting critical date in international arbitral and judicial cases has significant meaning for safeguarding territorial sovereignty from a legal perspective. After examining the options of critical date discussed in international arbitral and judicial cases related to territorial disputes, one can find that the selection of critical date is mostly based on the issuance of official statements and the signing of legal documents relating to disputed territories. Furthermore, as compared to international arbitration, the International Court of Justice has a clearer and more consistent view on the concept of critical date. As no one can guarantee that the territorial disputes in East China Sea and South China Sea will never be resorted to international courts, it is suggested that the government should apply the above-mentioned conclusion to the disputes over the sovereignty of Diaoyutai Islets and islands in the South China Sea, that is, to examine and evaluate our advantages and disadvantages under the possible critical date options, and adjust our legal arguments accordingly. In addition, the government must be more prudent when dealing with matters relating to the East China Sea and the South China Sea in the future, so that its related acts won’t be viewed as “material facts” or “distinct events,” and create a new critical date option that is unfavorable to us. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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