Fisheries and China's Effective Occupation of the Nansha Islands

CHU Xiaolin ； XIE Hongyue

《中国海洋法学评论》 26期 (2017/12) Pp. 124-149

摘要

Effective occupation is a key step for a State to acquire, in accordance with the occupation principle of international law, sovereignty over a territory. In case of a remote, desolate and unlivable territory, the requirements for effective occupation could be lowered appropriately; it is enough if the occupying State exercises or displays acts of sovereignty appropriate to the circumstances of the territory. The Nansha Islands of China is far away from Chinese mainland, and the natural conditions there are harsh. Ever since ancient times, fishery exploitation has been used by China as one of the most important ways to develop and administrate the Nansha Islands. The fishery history of the Nansha Islands not only demonstrates that China, while exploring and exploiting fishery resources, first discovered the Nansha Islands, but also substantiates that China has exercised jurisdiction over this group of islands appropriate to its circumstances, with a view to managing the local fishing activities. Therefore, China has effectively occupied the Nansha Islands, and enjoys the sovereignty over it.

關鍵字

Fisheries ； The Nansha Islands ； Effective occupation