（an inchoate title could not prevail over the continuous and peaceful
display of authority by another State; for such display may prevail even over a prior, difinitive title put forward by another State.）
Fishing Activities by Private Persons
For state activity capable of establishing a claim for sovereignty, the Tribunal must look to the state licensing and enforcement activities concerning fishing described above.
Activities on the Islands
In order to examine the performance of jurisdictional acts on the
Islands, the Tribunal must consider evidence of activities on the land
territory of the Islands as well as acts in the water surrounding the
Islands. This evidence includes: landing parties on the Islands;
the establishment of military posts on the Islands; the construction
and maintenance of facilities on the Islands; the licensing of
activities on the land of the Islands; the exercise of criminal
or civil jurisdiction in respect of happenings on the Islands; the
construction or maintenance of lighthouses; the granting of oil
concessions; and limited life and settlement on the Islands.
国際司法裁判所 Ligitan and Pulau Sipadan 島の判例を参考にして検証
The Court further states that "at the time when these activities
werecarried out, neither Indonesia nor its predecessor, the
Netherlands, ever expressed its disagreement or protest".
Finally, Indonesia states that the waters around Ligitan and Sipadan
have traditionally been used by Indonesian fishermen. The Court
observes, however, that activities by private persons cannot be seen as effectivités if they do not take place on the basis of official regulations or under governmental authority.
The Court finally observes that it can only consider those acts as constituting a relevant display of authority which leave no doubt as to their specific reference to the islands in dispute as such. Regulations or administrative acts of a general nature can therefore be taken
as effectivite's ・・・
It is impossible to read the records of the decisions in cases as to territorial sovereignty without observing that 【in many cases the tribunal has been satisfied with very little in the way of the actual exercise of sovereign rights】, provided that the other State could not make out a superior claim.（東グリーンランド事件）。韓国のsuperior claimは何ですか？