EVIDENCE IN THE UN INTERNATIONAL COURT
Journal Title: Правова держава - Year 2018, Vol 32, Issue
Abstract
The evidence in the international judicial procedure is carried out with the participation of the international judicial institution and under its control the parties to the dispute. Activities to establish the presence or absence of circumstances that justify their claims and objections. And other circumstances that are relevant to the resolution of a dispute in accordance with the norms of international law. The main methods of acquiring a territory are effective occupation and prescription of ownership. Which is based on the principle of effective implementation of state sovereignty. Peaceful nature means that effective occupation should not be a usurpation of the rights of another state. In international judicial practice, the main criteria for evidencing an effective occupation have been established: 1) the peaceful nature of the occupation, 2) the practical implementation of sovereign actions, 3) the exercise of sovereign actions to a degree consistent with territorial supremacy, 4) the continuity of the implementation of such actions.
Authors and Affiliations
V. P. Kononenko
Keywords
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- EP ID EP511991
- DOI 10.18524/2411-2054.2018.32.149585
- Views 82
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