Author(s)

Siyu Jiao ¹

Affiliation(s)

¹ Wuhan University China Institute of Boundary and Ocean Studies (CIBOS), Wuhan University, Wuhan, Hubei, China

Corresponding Author

Siyu Jiao

ABSTRACT

In August 2019, India amended its domestic constitution to transfer the Aksai Chin Region, which is under China's jurisdiction, to the jurisdiction of India's new "Union Territory of Ladakh", seriously violating China's territorial sovereignty and security. Since ancient times, the Aksai Chin Region has been an inalienable part of China's territory, and it has always been under the jurisdiction of the Chinese Government; India has no legal authority to prove that the Aksai Chin Region belongs to the Indian side. According to the relevant provisions of territorial law, a State may acquire sovereignty over an area by exercising effective control over it. According to the Principle of effective control, China has maintained sovereignty over and de facto control of the Aksai Chin Region for hundreds of years. India, on the other hand, does not have sufficient evidence to show the activities of the Indian government in the area, nor can it prove that India's claim to sovereignty over the Aksai Chin Region is superior to that of the Chinese government. Therefore, China has a superior claim in the Aksai Chin Region and sovereignty over the Aksai Chin Region should be vested in China.

KEYWORDS

Principle of effective control, Sino-Indian border dispute, Union Territory of Ladakh, Aksai Chin Region

CITE THIS PAPER

Siyu Jiao, Application of the Principle of Effective Control in International Law: On the Question of Sovereignty over the Aksai Chin Region. Science of Law Journal (2023) Vol. 2: 22-29. DOI: http://dx.doi.org/DOI: 10.23977/law.2023.020804.

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