Sion-Japan Diaoyu Islands Dispute And The Delimitation Of East China Sea Continental Shelf

In recent years, because of energy and territory dispute, the relationship between China and Japan is getting worse. The dispute of Diaoyu Islands is always the main point of the dispute and has been paying attention to by the specialists. The core of the dispute is much more than the sovereignty problem of these small islands. It is closely related to the delimitation of East China Sea continental shelf, concerning various rights of both China and Japan in the East China Sea. Therefore, it will be helpful to analyse from the angle of the International law for the cause of the disputes, the effect on the delimitation of the East China Sea continental shelf and the probably solution, as well as to realize the cooperation of the region of Asia as soon as possible.For the sake of proving the sovereignty of the Diaoyu Islands, Specialists of China have collected large quantity of data in geology, geography, history and law and put forward many territorial theories concerning the belonging of Diaoyu Islands according to China's benefit. But these researches have been limited in the geography and history of Diaoyu Island itself, neglecting the basic reason of the Diaoyu Island dispute. Diaoyu Islands are in a special geography position of the mainland of East China Sea continental shelf and its status or effect in delimitation of the East China Sea continental shelf has to be carefully considered. So if we do not study the Diaoyu Islands dispute combined with the delimitation of the East China Sea continental shelf, it will bedifficult to comprehend why these small island which total area is only 7 square kilometers will cause such a serious dispute between two countries. Therefore, this paper will combined the dispute of the Diaoyu island to the delimitation of the East China Sea continental shelf and study the origin of the dispute of the Diaoyu Island, as well as proceeding analyzes on the influence of the Diaoyu island in the delimitation of the East China Sea continental shelf. Putting forward the relationship of the solution of both the Diaoyu Islands sovereignty dispute and the delimitation of the East China Sea continental shelf is the characteristic of this paper.This paper first introduces the geography position, natural environment of the Diaoyu Islands and the condition of East China Seas and then analyzes the important politics and economic meanings of this district to both China and Japan. After studying the relationship of Diaoyu island dispute and the delimitation of East China Sea continent shelf, this paper introduces the history process of the Diaoyu island dispute, the claims and basis of China and Japan and thus analyzes from the international law angle. Japan emphasizes The principle of "preoccupation of the land with out owner" . They claimed that because Diaoyu Islands before 1895 is ownerless, so they occupied first and got the sovereignty of Diaoyu Islands. But the Chinese holds the view from the angle of international law that the sovereignty of geology, geography and history.The main dispute between China and Japan in the delimitation of East China Sea continent shelf is whether the Diaoyu Islands should have its specially owned continental shelf and whether can be the basepoint in the delimitation of East China Sea continent shelf. China holds the view thatthe Sino—Japan demarcation of the East China Sea continent shelf should follow the principle of justice and natural prolongation, and the Diaoyu Islands should not own its EEZ and specially continental shelf or be a basepoint in the delimitation of East China Sea continent shelf. But Japan insists on the dominion of the Diaoyu Islands and takes them as foundation in the delimitation of East China Sea continent shelf in order to demarcate equally with China of the mainland of East China Sea continental shelf. They try hard to prove that the Diaoyu Islands should possess its exclusive economic zone and continental shelf as well. This paper analyzes some practices of maritime delimitation of coastal counties and judicial practices of the International Court or Arbitration Court and combines the circumstances of Diaoyu Islands and then draw a a conclusion that Diaoyu Islands shouldn' t have any influence in the delimitation of East China Sea continent shelf.Finally, On the basis of above analysis, the author sums up some main factors considered by relevant states when they delimitate the maritime boundaries, such as geography, geology, the unity resources, economy, historical rights. This paper analyze these factors combined with the Diaoyu Islands' actual conditions and expounds the possible solutions advanced by Chinese and Foreign specialists, then put forward the idea that the delimitation of East China Sea continent shelf shouldn't consider the influence of Diaoyu Islands.