2024年4月29日发(作者：)

e 38 of the Statute of the international Court of Justice states:

court,whose function is to decide in accordance with international

law such disputes as are submitted to it,shall apply:

(a)international conventions, whether general or particular, establishing

rules expressly recognised by the contesting States;

(b)international custom, as evidence of a general practice accepted as law;

(c)the general principles of law recognised by civilised nations;

(d)subject to the provisions of Article 59, judicial decisions and the

teachings of the most highly qualified publicists of the various nations, as

subsidiary means for the determination of rules of law.

1.法院对于陈诉各项争端，应依国际法裁判之，裁判时应适用：

（a）不论普通或特别国际协约，确立诉讼当事国明白承认之规条者。

（b）国际习惯，作为通例之证明而经接受为法律者。

（c）一般法律原则为文明各国所承认者。

（d）在第五十九条规定之下，司法判例及各国权威最高之公法学家学说，作为确定法

律原则之补助资料者。

to territory

Traditionally, there have been five means of acquiring title to territory:

(a)occupation of

terra nullius

(无主地)- discovery alone is insufficient to

establish title and it must be accompanied by effective

constitutes effective occupation will depend on the nature of the territory

concerned;

(b)prescription;

(c)conquest - this method,although of historical interest,is no longer a

permitted way of obtaining title to territory;

(d)accretion and avulsion; and

(e)Cession.

The creation of title is to be judged according to the contemporary rules

of law and not according to the law in force at the time of the

traditional means of acquisition should not be thought of as mutually

exclusive nor as a comprehensive list. Other factors,such as tribunal decisions

and continuity or contiguity, may be significant.

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