Abstract:As a doctrine concerning the acquisition of territorial sovereignty, the theory of historical consolidation on the one hand faces some disputes in the sphere of application, and it is regarded by some scholars as a “supplementary consideration” or a “non-independent source of territorial sovereignty” in the establishment of territorial sovereignty. On the other hand, the theory emphasizes that on certain circumstances,the establishment of territorial sovereignty is a progressive process in which multiple factors play an integrated role. It focuses on the publicity of the territorial claims of the state, the adequacy of sovereignty declaration action, the interests of countries concerned, the recognition or acquiescence of other countries and the international community, and estoppels, in order to determine whether the cumulative effect of multiple factors or “multiple grounds” is sufficient to establish territorial sovereignty. The analytical approach has a certain impact on international justice and the practice of state behavior. Therefore, we should pay attention to the analytical method of “historical consolidation theory” in the settlement of territorial disputes.
李毅. 领土主权取得的“历史性巩固”理论评析[J]. 太平洋学报, 2017, 25(12): 1-12.
LI Yi. On the Theory of Historic Consolidation of Territorial Sovereignty. 太平洋学报, 2017, 25(12): 1-12.