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:[考点] 领土取得的先占规则
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 A1型题
阅读理解

阅读理解。

     Deputy Agriculture Secretary Kathleen Merrigan sees an epidemic (流行病) sweeping across

     America's farmland. It has little to do with the usual challenges, such as flood, rising fuel prices

and crop-eating insects. The country's farmers are getting older, and there are fewer people standing in

line to take their place. National agricultural census (普查) figures show that the fastest-growing group of

farmers is the part over 65. Merrigan is afraid the average age will be even higher when the 2012 statistics are completed.

     Merrigan, a former college professor, is making stops at universities across the country in hopes of

encouraging more students to think about careers in agriculture. Aside from trying to stop the graying of

America's farmers, her work is made tougher by a recent blog posting that put agriculture at No. 1 on a

list of "useless" college degrees. Top federal agriculture officials are talking about the posting, and it has

the attention of agricultural organizations across the country.

     "There couldn't be anything that's more incorrect," Merrigan said. "We know that there aren't enough

qualified graduates to fill the jobs that are out there in American agriculture."

     In addition, a growing world population that some experts predict will require 70% more food

production by 2050, she said.

     "I truly believe we're at a golden age of agriculture. Global demand is at an all-time record

high, and global supplies are at all-time record lows," said Matt Rush, director of the Texas Farm

     Bureau. "Production costs are going to be valuable enough that younger people are going to have the

opportunity to be involved in agriculture."

     The Department of Agriculture has programs aimed at developing more farmers and at increasing

interest in locally grown food. The National Young Farmers' Coalition has also been pushing for state and

federal policy changes to make it easier for new farmers.

     Ryan Best, president of Future Farmers of America, has been living out of a suitcase, traveling

the country and visiting with high school students about careers in agriculture. The 21-year-old Best

hopes his message-that this is a new time in agriculture-will motivate the next generation to turn

around the statistics. "Never before have we had the innovations (创新) in technology which have

led to agriculture in this country being the most efficient it has ever been," he said. "There's really a place

for everybody to fit in."

1. What is the new challenge to American agriculture?

A. Fewer and older farmers.    

B. Higher fuel prices.

C. More natural disasters.      

D. Lower agricultural output.

2. Why is Merrigan visiting universities across the country?

A. To draw federal agriculture officials' attention.

B. To select qualified agriculture graduates.

C. To clarify a recent blog posting.

D. To talk more students into farming careers.

3. According to Matt Rush, American agriculture will provide opportunities for younger people

    because__________..

A. the government will cover production costs

B. global food supplies will be even lower

C. investment in agriculture will be profitable

D. America will increase its food export

4. What do the underlined words "to turn around the statistics" in the last paragraph mean?

A. To re-analyze the result of the national census.

B. To increase agricultural production.

C. To bring down the average age of farmers.

D. To invest more in agriculture.