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Analysis The Disputes On Diao-yu Island Between China And Japan In The Perspective Of International Law

Posted on:2008-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:D S WangFull Text:PDF
GTID:2166360242956335Subject:International Law
Abstract/Summary:PDF Full Text Request
The disputes on Diao-yu Island between China and Japan are long-standing, and the core questions are Diao-yu Island's sovereignty ownership and the sea rights division of East China Sea undoubtedly, and it is one of the most sensitive and difficult questions between two countries in recent several decades or in the future. As a very complex and important question of Chinese and Japanese relation, because of relating to sovereignty , history, law and sensitive actuality, Diao-yu Island becomes the attention focus of experts and scholars on history ,international law, international relation, etc. So, roundly analyzing the different standpoints on Diao-yu Island and delimitation of East China Sea continental shelf in the perspective of international law takes on practical meaning to china while protecting legal rights and interests, relaxing conflicts between China and Japan, and promoting cooperation and development of Asia.Firstly, the origin of Diao-yu Island's name, the essence of disputes, and American fctor on the disputes are introduced, and this is helpful to analyzing the area's important political, economical, martial meaning to two countries and American role on the disputes. Secondly, in the perspective of international law, China and Japan's different standpoint and relative evidences on the sovereignty of Diao-yu Island are introduced. Japan emphasizes acquiring Diao-yu Island's sovereignty according to the principle of pre–occupation of the land without owner,and reigns it in effect. However, China claims Diao-yu Island's sovereignty according to the evidences of geography, history, international law principle, etc. The main difference of delimitation of East China Sea continental shelf between China and Japan are whether Diao-yu Island should have continental shelf and exclusive economic zone and Okinawa Trough should be considered on delimitation of East China Sea continental shelf. Through analyzing international treaty, international custom, international justice arbitrage judgement, etc, and combining it with Diao-yu Island's situation, the conclusion that Diao-yu Island should not have continental shelf and exclusive economic zone and Okinawa Trough should be considered on delimitation of East China Sea continental shelf is educed in this paper. Subsequently, through introducing the principles of international disputes and combining it with China and Japan's situation, solving foreground and methods of Diao-yu Island disputes and delimitation of East China Sea continental shelf are roundly analyzed. The project of laying the dispute of Diao-yu Island's sovereignty aside and exploiting ocean resource of East China Sea together, etc are put forward in this paper.Finally, through analyzing the evidences of history, geology , geography and fact, limitations of national relative study on international law are educed, and this provides reference for our country demonstrating Diao-yu Island's sovereignty.
Keywords/Search Tags:Diao-yu Island dispute, American Factor, Delimitation of East China Sea Continental Shelf, Okinawa Trough
PDF Full Text Request
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