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Research On The Settlement Of Chinese-Japanese Diaoyutai/Senkaku Islands Dispute Under International Law

Posted on:2007-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y X SongFull Text:PDF
GTID:2166360212978091Subject:International law
Abstract/Summary:PDF Full Text Request
Diaoyutai/Senkaku Islands were found and occupied first by Chinese ancient people far from ancient time, and are certainly the Chinese territory according to the territorial system of'No Territory in the World not Belonging to the Emperor'in the Chinese World Order. During the Chinese-Japanese Jiawu War, these islands were ceded to and have been occupied by Japan,which has been claiming the sovereignty of them, causing a serious territorial dispute between China and it. This paper makes an approach to proving the undisputable sovereignty of China to the Diaoyutai/Senkaku Islands under the international law, and tries to seek the best and most feasible means for the settlement to China.There are three parts in this paper, that is, the introduction, the texts, and the conclusions. The texts are divided into four chapters, the main contents of which are as the following,Chapter One briefly introduces the circumstances and the values of Diaoyutia/Senkaku Islands, and the origin of the territorial dispute.Chapter Two states the foundations of different sovereign claims of China and Japan, and the knot of the dispute.Chapter Three summarizes the evolution of the territorial acquisition first, and then fully proves the undisputable and legitimate sovereignty of China to the Diaoyutai/Senkaku Islands according to the rules of the territorial acquisition under the international law, such as finding, occupation, cession, the so-called prescription, etc.Chapter Four makes an approach to the settlement of international disputes by comparison, and makes my efforts to seek the best and most feasible means for the settlement to China.From the research above, the conclusions that author has drawn are that, in entity, China does have the sufficient, legitimate and undisputable sovereignty to Diaoyutai/Senkaku Islands, and in the current situation, China is expected to take much more control to these islands; and that, in procedure, diplomatic means are'relatively feasible but not adoptable'to China, while legal means are'relativelyadoptable but unfeasible'; If the dispute is coerced to be settled, these islands will very likely, caused by the diplomatic means, be divided between China and Japan.
Keywords/Search Tags:the Diaoyutai/Senkaku Islands Dispute, the Territorial Acquisition, the Settlement of Disputes
PDF Full Text Request
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