The way of territorial acquisition in traditional international law

In fact, in our country, if land use right is needed, it is basically necessary to negotiate with the government about the use of the land first, so that the government can understand the specific situation carefully before the national land can be directly used by enterprises. So, what is the way of territorial acquisition in traditional international law? Let's take a look together. I. Ways of acquiring territory in traditional international law

In international law, the traditional ways of territorial acquisition are:

1, first. It refers to a national legal act that a country consciously occupies land that does not belong to the sovereignty of any country and regards it as a part of its own territory. The object of preemption must be ownerless land, that is, land not under the sovereignty of any country. Preemption must be effective possession, that is, the occupied land must be actually controlled and managed.

2. restrictions. It refers to occupying a piece of land in another country and occupying the land without interference for a long time in order to obtain the sovereignty of the land.

3. cession. Refers to a country transferring part of its territorial sovereignty to another country according to a treaty. From the perspective of modern international law, the cession caused by war or unequal treaties is against international law.

4. conquer. It refers to the behavior of the victorious country to destroy the defeated country and annex its territory after the war.

5. attach. Refers to the new territorial part added due to the change of natural state or human power. Such as new islands, abandoned river beds and artificial islands.

Two. Rules of arbitration procedure in international law

States parties may apply the rules for the peaceful settlement of international disputes stipulated in the Convention, or agree on other rules. The procedural rules stipulated in the 1907 Convention are based on long-term arbitration practice. The main points are as follows: the country submitting for arbitration should sign an arbitration agreement, clearly stipulating the subject matter of the dispute, the time limit and method of appointing arbitrators, the special power given to the arbitration tribunal, the place of hearing, the language used, etc. Each party has the right to appoint a special agent as the liaison between the parties and the arbitration tribunal, or to hire a lawyer or assistant. Arbitration procedures include written procedures and oral procedures. The deliberations of the arbitral tribunal are held in secret, and all issues are decided by the majority of arbitrators. The award must give reasons. This decision is final and cannot be appealed. The award is binding only on the parties concerned. Each party shall bear its own expenses, and the expenses of the arbitration tribunal shall be borne equally by all parties. The above provisions are basically still in use.

Three. Apply for international trade arbitration

1 means that the buyer and the seller reach a written agreement before or after the dispute occurs, and voluntarily submit the dispute that cannot be resolved through friendly negotiation to the third party agreed by both parties for arbitration. The award is binding on both parties and both parties must implement it. It is a common way to settle disputes in the process of international goods sale through arbitration.

2. Article 129 of the General Principles of Civil Law of China stipulates: "The time limit for bringing a lawsuit or applying for arbitration in disputes over international contracts for the sale of goods and technology import and export contracts is four years, counting from the day when the parties know or should know that their rights have been infringed." Article 4, Chapter 1 of the Arbitration Law of People's Republic of China (PRC) stipulates: "When the parties use arbitration to resolve disputes, they shall voluntarily reach an arbitration agreement. If there is no arbitration agreement and one party applies for arbitration, the Arbitration Commission will not accept it. " Some international practices and laws of some countries also require arbitration to solve disputes, and both parties must conclude an arbitration agreement.

The above is a detailed introduction to the relevant contents of the traditional international law on the way of territorial acquisition. To sum up, I remind you that you don't know much about some international laws, especially the way of acquiring traditional international land.