The Analysis Of International Law On The Dispute Of The Diaoyu Islands Between China And Japan

There has been the dispute over the Diaoyu islands between China and Japan for a long time. Through detailed analyzing two country's arguments with international law, the thesis proffers the international law theory which can settle down the dispute over the Diaoyu islands between China and Japan.The thesis has four chapters. Chapter I describes about natural values and historical transition of sovereignty of the Diaoyu islands. It has three sections; the first section describes about brief appearance, geographical position, geological features and climate of the Diaoyu islands. The second section describes about natural resources, economic and strategic values of the Diaoyu islands. The third section describes about historical transition of sovereignty of the Diaoyu islands. It includes the before period of Sino-Japanese War, a period between Sino-Japanese War & The second World War and the after period of The second World War. Chapter II describes about the origin and the progress of the dispute of the Diaoyu islands. It also describes about the focal point of disagreement between China and Japan. Chapter III analyzes the dispute on the Diaoyu islands between China and Japan. This Chapter is an essential part in this thesis. Through analyzing the international law, the thesis states: The Japan alleged "the principle of discovery" can not be the theoretic basis of the Diaoyu islands occupation; The Japanese occupational progress on the Diaoyu islands dose not correspond with "the principle of prior occupation on terra nullius"; The treaty on the Diaoyu islands' sovereignty between U.S.A and Japan dose not have any legal validity. Additionally the thesis states the legal analysis on the delimitation of continental shelf at the East China Sea. Finally chapter IV proposes how to settle down the dispute between China and Japan: For "win-win" settlement, two country should withhold the dispute on the Diaoyu islands'rights & interests and cooperatate with each other; Otherwise the dispute can be settle down through international arbitration or international jurisdiction.