Japan-US agreement can not give Japan sovereignty over the Diaoyu Islands

Diaoyu Islands in the East China Sea, in the east Fujian Province, Taiwan Province, the northeast, is the most eastern end of the island. Diaoyu Island from the Dongshan Island, Fujian Province, about 190 nautical miles northeast from Keelung, Taiwan about 90 nautical miles from the Ryukyu Islands and Yonaguni Island about 78 nautical miles. Refers to the Diaoyu Islands is a group of islands, in addition to the main island of the Diaoyu Islands, there are yellow tail Island, Akao Island, North Island, South Island, great northern island, a large South Island, flying Seto (Seto rocks) and other islands and reefs, scattered east longitude 123 ° 20'-124 ° 45 ', latitude 25 ° 44'-26 ° 00' seas in a total land area of 6.5 square kilometers. Diaoyu Islands and surrounding waters with rich fishery resources, the ancient Chinese fishermen fishing grounds in Fujian and Taiwan. Well-known, "Emory Report" that the East China Sea shelf basin is rich in oil and gas resources.

First, the Diaoyu Islands are China's inherent territory

First discovered in China, developing the Diaoyu Islands, made by first accounting for sovereignty. Diaoyu Islands and adjacent waters fishing the Chinese people since ancient times, herbs, shelter, rest areas and other activities. To the late Ming Dynasty to the Chinese people have been found, use and name. "More Road Book", "wind both hands" and other Chinese classics a complete record of the Chinese fishermen in the waters of the route. Limited to conditions at sea and other natural conditions and technical conditions such as shipbuilding, only the Chinese soldiers and civilians can take advantage of the monsoon to the Diaoyu Islands, in navigation, shelter, fishing in nearby waters, collected on the island such as economic development and utilization activities. In 1895, a century ago up to 5 years, China has been a smooth exercise of these rights.

That the Diaoyu Islands, the country would have to refer to Okinawa. Okinawa was originally the Ming and Qing dynasties vassal state to Ming and Qing Gong, Ming and Qing dynasties were sending envoys to the canonization of the Ryukyu kings. Diaoyu Islands to Okinawa in the route must pass through, the canonization of envoys to the canonization of the Ryukyu kings, are these islands for marine signs, the mind "to Okinawa recorded" and other official documents, records in detail through the Diaoyu Islands to go to Okinawa, yellow tail Island, Akao Island of seafaring experience and repeatedly confirmed in the Ryukyu border, the Diaoyu Islands are not historical facts explain the scope of the Ryukyus. China's historical records and official documents prove that the Chinese first discovered, the development and use of the Diaoyu Islands. According to international law at the time and found that preemption, preemption means that to obtain territorial sovereignty. Therefore, China has achieved by first accounting for the sovereignty of the Diaoyu Islands.

Effective governance and management of the Chinese government the Diaoyu Islands to consolidate the sovereignty. Ages of the Chinese Government will within the territory included the Diaoyu Islands, to take the development, use and management of administrative measures, the exercise of sovereignty, effective rule. 1171 (Southern Song Dynasty roads seven years), guarding generals Wangda You Fujian to establish military camps in Penghu, Qianjiang points Tuen islands, Taiwan and its subsidiaries including the Diaoyu islands of Penghu in the military under the governance, administrative management by the Jinjiang, Quanzhou, Fujian Province . Ming and Qing dynasties were included in the territory Diaoyu Islands territory, designated as coastal jurisdiction. 1562 (Ming Dynasty) "chip chart code", 1863 (Qing Dynasty), "Huang Qing foreign unified Maps" have clear rules and marked. Facts show that China's Diaoyu Islands, the government through various forms of management, effective exercise and consolidation of the sovereignty of the Diaoyu Islands.

Second, Japan is not on the basis of the establishment of sovereignty over the Diaoyu Islands

Japan on the Diaoyu Islands sovereignty, the so-called legal basis are two: First, before accounting for the so-called terra nullius, the second is the so-called time to obtain. Both of these two arguments for this insufficient.

International law preemptive "object does not belong to any country is limited to the land." The terra nullius, but not other countries give up the occupation of land or other countries. In fact, the Diaoyu Islands from the time when the Ming Dynasty by the Chinese Government, as it established a rule of maritime zones is China's territory. Although these islands because of environmental evil, no settlement, only the fishermen, seasonal living, but not without the main island uninhabited island. Diaoyu Islands is not terra nullius but the Chinese territory, the Japanese government and knows it, the Japanese government's official records and official documents, letters, all records and proof of that. For example, the then Japanese Foreign Inoue Xin Qing Qing Mountain House in the county to have friends of the answer, clearly Speaking of the islands have been named Qing Dynasty, the Japanese government's coveted heart "has been repeatedly warning the Qing government." Diaoyu Islands is not a terra nullius, what does not exist in Japan on the Diaoyu Islands, "preemptive." "Wrongful act does not create legal rights" is a fundamental principle of international law, Japan's so-called "first mover" is a malicious, illegal, is not established, can not produce the first international law the legal effect of accounting.

Japan is also based on the so-called "long-term effective governance", through the so-called "prescription" to obtain the sovereignty over the Diaoyu Islands.

International law on the territory of the so-called "access time", has been a highly controversial issue. Against those who deny that aging of the territory as a way to obtain the legitimacy of this argument that "the country in vain for the expansionist occupation of territories of other countries used as the legal arguments." Affirmative limitation on who will get recognized as one kind of territorial way, is "in a period long enough for a piece of land continuously and uninterrupted exercise of sovereignty, which under the influence of historical development caused by a general belief that the state of affairs is in line with the international order, and thus obtain the sovereignty over the land. "practice of international justice has never been clearly affirmed," aging "is a separate territory to get it. As for "a period long enough," Just how long, there is no international law, 50 or 100 years of inconclusive.

Regardless of "time to obtain" legitimacy only in respect of its key elements is concerned, whether the central government or local authorities of Taiwan, the Diaoyu Islands in China has opposed Japan's sovereignty and the issue of the Diaoyu Islands to steal a long time are very firm, clear and consistent. Japanese right-wingers to set the lighthouse on the Diaoyu Islands, the Japanese government to the lighthouse, "nationalization" and the Diaoyu Islands from the so-called private owners of land in the hands of paid "rent", and the Government of Japan to the United Nations has marked the Diaoyu Islands territorial sea baselines, and other official acts official support of civil society activities are carried out to protest, especially diplomatic protest. Japan's occupation of the Diaoyu Islands, regardless of the length of time, can not obtain legal rights.

Third, the Japan-US agreement can not be given sovereignty over the Diaoyu Islands in Japan

After World War II victory over fascism as a result of the "Cairo Declaration" and the "Potsdam Proclamation", clearly defines the scope of Japan's territory. 1943 12 months, the United States, Britain and the "Cairo Declaration" provides the three countries aim to deprive Japan since 1914 in the Pacific after the start of the seized or occupied all the islands, to ensure Japan has stolen from the Chinese territory returned to China. Japan seized by force or greed of the other land, but also works to Japan deported.

1945 "Potsdam Proclamation" not only reaffirmed the "Cairo Declaration" of the above provisions shall be carried out, more will be Japan's sovereignty "is limited to Honshu, Hokkaido, Kyushu, Shikoku and such minor islands as we determine within." January 1946 29, "United Nations High Command Instructions No. 667," clearly defines the scope of Japan's territory, that "Japan's four main islands (Hokkaido, Honshu, Shikoku and Kyushu) and includes the islands of Tsushima, south of 30 degrees north latitude Ryukyu Islands about 1,000 nearby islands. " "Cairo Declaration" and the "Potsdam Declaration" to determine the scope of Japan's territory is clear, which does not include the Diaoyu Islands.

September 8, 1951, Japan and the U.S. will be victorious at war in China and the Soviet Union excluded, in private to reach "the San Francisco Peace Treaty", the latitude 29 ° south of the Southwest Islands (including the Ryukyu Islands and the Daito Islands), and so by U.S. custody. December 25, 1953, the U.S. government issued the Ryukyu people, "Ryukyu Islands to the realm of geography" (Notice No. 27), the U.S. government and the Ryukyu Islands were under the jurisdiction of the regional government set to include latitude 24 °, longitude 122 ° in the region islands, islets, circular reef, reefs and territorial waters. The announcement will be determined by the scope of Chinese territory Diaoyu Islands smuggle them. June 17, 1971, Japan and the U.S. signed the "Agreement on the return of Okinawa", these islands are also included in the "Return area." Accordingly the Government of Japan claims sovereignty over the territory of the Diaoyu Islands.

December 30, 1971, Chinese Foreign Ministry said in a statement: "The U.S. and Japan in the 'return' Okinawa Agreement, the China's Diaoyu Islands and other islands included in the 'return of the regional', is completely illegal, this does not change the People Republic of the territorial sovereignty of the Diaoyu Islands and other islands. " The U.S. government, said: "the original from Japan made the islands of the executive power returned to Japan, without prejudice to the sovereignty claim. The United States lent to Japan, they will increase in the transfer of executive power of these islands have before us legal rights, and can not return to Japan because of the executive power and weaken the rights of other requirements. ... ... to this and other islands of the requirements of any dispute are parties to resolve the issues to be each other. "until September 11, 1996, United States Burns is still a government spokesman said: "The United States neither recognize nor support any nation's sovereignty claim on the Fishing Islands."

For the United States and Japan signed between the private, not the Chinese people and the legal government of China to participate in the so-called "San Francisco Peace Treaty", the Chinese government in September 8, 1951 statement had said its illegal nature. Thus resulting "managed" and "return" will be coerced them the Diaoyu Islands, violating China's territorial sovereignty, and Japan has also become the source of territorial dispute. "San Francisco Peace Treaty" and other related regulations, and decisions concerning right attribution of China's territory, can not produce the Diaoyu Islands sovereignty granted to the Japanese legal consequences.

Diaoyu Islands are Chinese territory, the United States from Japan to obtain the so-called administrative power over the Diaoyu Islands, and the executive power of the Diaoyu Islands, "return" to Japan, just can not stand. Japan's sovereignty over the Diaoyu Islands claim accordingly is no force of international law.

IV Conclusion

The territory of Japan in World War II through the "Cairo Declaration" and the "Potsdam Proclamation" to be determined, but "World War II" after the Japanese did not stop action on the Diaoyu Islands issue. First, mark the Chinese destroyed the island, and then the re-naming the islands, the construction of airport facilities on the island. In recent years, but also to the so-called "civil behavior" as a guide, attempt to create an "actual control" of the fait accompli, and then to "lease", "take over" the so-called "government action" pave the way progressive legal basis for occupying the Diaoyu Islands, to the gradual recognition by the international community. However, in view of the Japanese claim of sovereignty over the Diaoyu Islands and the unlawful occupation of Japan a well-designed so-called "government action", neither the legal basis and did not constitute the exercise of the rights of States, from the beginning that no legal effect, the future can not be produce legal effects.

Diaoyu Islands in China's inherent territory since ancient times, Chinese people from generation to generation in this sailing, fishing and hunting, development, production, China has indisputable sovereignty over the Diaoyu Islands, which have full sovereignty, history and legal basis. Promulgated in 1992 the "PRC Territorial Sea and Contiguous Zone" in the "territorial clause" defined Diaoyu islands are Chinese territory, reaffirmed the Chinese territory Diaoyu Islands and other islands belonging to the legal property. In 2009, China's Diaoyu Islands, ocean surveillance of law enforcement vessels to move into both the Chinese territory Diaoyu Islands in exercising its enforcement cruising nearby waters, but also the exercise of Chinese sovereignty over the Diaoyu Islands embodied.

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