问题 单项选择题

八角岛是位于乙国近海的本属于甲国的岛屿。40年前甲国内战时,乙国乘机强占该岛,并将岛上的甲国居民全部驱逐。随后乙国在国内立法中将该岛纳入乙国版图。甲国至今一直主张对该岛的主权,不断抗议乙国的占领行为并要求乙国撤出该岛,但并未采取武力收复该岛的行动。如果这种实际状态持续下去,根据国际法的有关规则,下列判断哪一项是正确的

A.根据实际统治原则,该岛在乙国占领50年后,其主权就归属乙国

B.根据时效原则,该岛在乙国占领50年后,其主权将归属乙国

C.根据实际统治和共管原则,乙国占领该岛50年后,该岛屿主权属于甲乙国共有

D.根据领土主权原则,即使乙国占领该岛50年后,该岛屿主权仍然属于甲国

答案

参考答案:D

解析:[测试点] 国家领土的取得方式。
传统国际法获取领土的方式包括先占、时效取得、添附、征服、割让等,其中征服已经被现代国际法废弃,所以A项不对,乙国不能因为占领该岛50年后,就获得该岛的主权。
时效取得是指某国公开地、不受干扰地、长期持续地占有他国领土,从而获得该领土的主权。本题中,甲国至今一直主张对该岛的主权,不断抗议乙国的占领行为并要求乙国撤出该岛,所以乙国不是不受干扰地占有该岛,因而不能由于时效取得而获得对该岛的主权,所以B项错误。另外,时效取得原则的争议很大,现在也很少适用该原则了。
该岛的主权属于甲国,领土主权不因被乙国的占有而丧失,所以即使乙国占领该岛50年后,该岛屿主权仍然属于甲国。故C项错误,D项正确。

阅读理解

阅读短文,根据其内容回答问题。

     Nobody knows when or where kite flying began, but there are some stories about the history of kites.

      Early kites may have been simple flat shapes such as leaves. Later, kite designs improved as people

discovered how to put lightweight coverings over frames. Silk and paper are lightweight materials that

were invented in China. China is the earliest known center of kite making. Chinese kites date back (追溯)

at least 2,000 years.

     The first Chinese kites may have been used by armies, perhaps as signals. As time passed, kites took

on other uses. They were flown during special ceremonies and for sport. Then there were kite-flying

holidays, such as the one held on the ninth day of the ninth month. According to legend (传说), that was

the day a family went kite-flying on a hilltop. Returning to their house, they saw that it had collapsed (倒塌). Kite-flying had saved their lives!

     After a while, travelers and traders spread kite-flying from China to Japan. Before long, Japanese kite-

flying took on a new purpose. Kites flew to celebrate happy things and good luck. Soon, kite-flying

reached many other Asian countries. In each land, kites were designed for ceremonies and sport.

     Later, knowledge of kites traveled west, to northern Africa, to Europe, and finally to America. There

may have been early kite inventors in these lands, but their creations did not spread as widely as the kites

of Asia.

1. What shapes did early kites look like?

    ________________________________________________________________

2. What lightweight materials for kites were invented in China?

    ________________________________________________________________

3. Which country is the earliest known center of kite making, China or Japan?

    ________________________________________________________________

4. What were kites used for in China?

    ________________________________________________________________

5. What were kites used for in Japan?

    ________________________________________________________________

单项选择题