Disputes on Sovereignty over the Islands in the Light of International Judicial Decisions

Abstract

Throughout history, many countries have had many disputes on the sovereignty over the islands, many of which still have not been resolved and even could pave the ground for war. In this regard, the precedent Permanent Court of International Justice, International Court of Justice and arbitral awards are available as a source of law. By taking advantage of past precedent, the principles of international law concerning the settling the claims of sovereignty over the islands can be achieved. This illuminates the present and future disputes of the Law of the Sea.

In this conflict, several factors such as treaties and contractual relationship, geographical issues, the colonial boundaries stability and effective governance have been invoked by the disputing states. Although each of these factors are important per se, this study seeks to show that the most important factor that attracted the attention of international jurisprudence and in case of conflict with other factors is prior is the effective governance.