问题 单项选择题

诺马岛是一个位于印度洋的小岛。甲国于16世纪最早发现了该岛,但没有对它实行有效统治,也没有行使主权的表现。乙国的殖民公司从17世纪起开始与该岛的岛民往来,并一直对其实行有效的统治。1898年,甲国与丙国的战争结束后,两国签订和约,约定将诺马岛作为甲国殖民地割让给丙国。乙国认为自己应是该岛的合法统治者,与丙国发生了争端。根据国际法的有关规则,下列哪种说法是正确的()

A.甲国因最先发现了诺马岛而取得对它的所有权,而丙国作为甲国的继承者,亦应享有该岛的主权

B.乙国虽对诺马岛进行了有效统治,但由于其并未正式宣告并向其他国家通知,声明把该岛置于其永久控制之下,因而不能取得对该岛的主权

C.乙国的行为已构成—厂对诺马岛的有效占领,因而丙国不能取得对该岛的主权

D.由于乙国公开地、长期地、不受干扰地持续对诺马岛实施统治,故可根据时效原则取得对诺马岛的主权

答案

参考答案:C

解析:先占是传统国际法上领土取得的一种方式。虽然当今世界上罕见以先占取得领土,但先占的规则对解决一些领土争端中的历史遗留问题还是颇有意义的。先占必须满足以下两个条件:第一,先占的对象必须为无主地,即不属于任何国家的土地,或被原属国家明确抛弃。第二,先占须为有效占领:首先,国家要对其发现的无主地有取得和行使主权的意思;其次,国家对其发现的无主地实行连续有效的占领,即国家能适当地行使或表现其主权。根据这两个条件,乙国的行为已经构成了对诺马岛的有效占领,因此乙国应享有该岛的主权。选项C正确,B错误。18世纪以后,单纯对无主地的发现行为,一般被认为仅构成一种暂时阻止他国占领的初步权利。而上述实际或有效占领才能构成先占而获得该土地的主权。因此选项A错误。 选项D混淆了先占和时效取得的对象。时效也是领土取得的一项传统规则,但不同的是,先占的对象是无主地,而时效的对象是有主地。当某国公开占有他国的部分领土,长期行使管辖权,而被占领土的所属国未提出抗议或主张时,占有国即可取得该领土的主权。

单项选择题

Passage Four

Japan’s old imperial army never went into the field without a group of "comfort women" for the troops. Many male office workers in modern Japan (and in Japanese branches abroad) seem to think they are still at war. Women workers, even those with university degrees, are expected to do all the humble tasks: greet the visitors, make the tea, tidy up the office afterwards and then leave the firm as soon as they get married and have a child. Come party time, they are often pressed into behaving like bar hostesses.
The fort of Japanese male chauvinism—the old guard of the ruling Liberal Democratic Party—has unintentionally done more than most to change all that. The sex scandal that marked the brief prime ministership of Mr. Sosuke Uno last summer outraged many women, and helped the opposition to its success in the upper-house election in July. Mr. Uno is forgotten, but the resentment (怨恨) of women about their treatment at the hands of men lingers (逗留) on. Over the past few months Japanese women have started campaigning much more vigorously for laws to protect them from sexual bothering at work.
Japan’s first lawsuit claiming sexual bothering opened last week in a city court in Fukuoka. A 32-year-old woman, whose name has been kept from being known (another first), is seeking about $ 26 000 in damages from her former boss and the publishing company she worked for. She claims his sexual hints forced her to leave the company and give up her career. She stakes her claim on the ground, among others, that her rights under Article 14 of the Japanese Constitution were violated; this guarantees equal treatment for the sexes.
Women’s lobbying groups have been springing up all over Japan. The lead has been taken by lawyers at the Second Bar Association in Tokyo. Last month the association held a call-in for women to expose their grievances. Its telephone lines were jammed for six hours. By the end of the session, some 137 formal complaints had been registered. "Nearly 40% of them were from women who had been compelled to have sexual relations with their superiors at work," says Miss Shizuko Sugii, a lawyer with the bar association. Ten of the cases have since been classified as rape or attempted rape.

According to the author, for all Japanese women’s lobbying efforts, ______.

A.Japanese male chauvinism is to be brought under control soon

B.little result has been achieved

C.the law takes no notice of their rights at all

D.many Japanese female victims have been compensated for the damage

单项选择题