An Analysis Of The International Judicial Settlement Of The Diaoyu Islands Sovereignty

Diaoyu Islands and its affiliat islands (Japan called "Senkaku Islands"), located southeast of the island between China and Japan’s Ryukyu Islands, with a total area of approximately 5.69 square kilometers. Diaoyu islands belong to the typical continental islands (or "continental islands"). Since the late 19th century, the Diaoyu Islands has been under Japanese occupation and control. After the long period of time, "World War Ⅱ", the United States hosted the United Nations in the name of the actual possession of the Diaoyu Islands. The late 1960s, "Emory Report" (Emory Reports) survey said that could harbor a large number of oil and gas resources in the waters near the Diaoyu Islands. Since then, Japan began attention Diaoyu Islands, the Diaoyu Islands Sovereignty Dispute also starts to heat up. Conspiracy to steal from the initial application of the so-called regime hosting the modern times, until the recent continuous "seize the island exercise," Japan continues to take unilateral measures, ignoring the fact that "Diaoyu Islands belong to Chinese territory since ancient times," the violation of our sovereignty and territorial integrity.In fact, since the restoration of diplomatic relations in the 1970s, China and Japan on how to properly resolve the Diaoyu Islands issue launched several rounds of consultations. Chinese government from the development of Sino-Japanese economic and trade cooperation and friendly relations overall situation, advocating a settlement of the Diaoyu Islands issue between the two governments through peaceful dialogue approach and actively take a series of concrete policy measures to promote the peace negotiations. However, the current development situation of the Diaoyu Islands issue, the Japanese major goodwill to China this measure is not a positive response, but still a variety of ways to strengthen actual control over the Diaoyu Islands, the Diaoyu Islands issue to make increasingly complex. Therefore, look for ways to properly resolve the sovereignty over the Diaoyu Islands dispute has become an important and pressing issues of the moment facing.Based on the research results of predecessors on the chart by means of analysis, empirical analysis (such as historical analysis, induction) and integrated analysis, from the international law, international relations point of view of traditional methods and simple force political negotiations inadequate methods, so as to explore the sovereignty over the Diaoyu Islands dispute to international judicial settlement possibilities, with a view to a peaceful settlement of the Diaoyu Islands issue provides another idea. This article contains five parts:Part I:Has an overview of the Diaoyu Islands dispute. Natural resources are the Diaoyu Islands dispute emerging economic origin, and the treaty document "Treaty of Shimonoseki," "San Francisco contract", "US-Japan Agreement on the return of Okinawa" and so are the historical roots of the origin of the dispute. Over the years, the two sides on the Diaoyu Islands Sovereignty different opinions.Part II:It focuses on international justice approach between national sovereignty and territorial disputes to resolve the many advantages. This part of the United Nations International Court of Justice, for example, from the composition of the International Court of Justice, rules of adjudication, the proceedings angles that the international justice approach to the United Nations International Court of Justice, represented in the settlement of territorial disputes between sovereign countries, cases have reflected international authoritative international fair justice and many other advantages. Also point out the limitations inherent in its existence.Part III:The real possibility of judicial settlement of international sovereignty over the Diaoyu Islands dispute analysis. This section contains three small parts:First, the Diaoyu Islands dispute settlement dilemma faced. Of force to settle temporarily reality; diplomatic and political negotiations bleak outlook is not optimistic. Secondly, it points out solutions of national sovereignty and territorial disputes cannot be the only channel of political negotiations, in conjunction with the specific situation in the departure from my vantage point, flexible response. Finally, the current national development strategic positioning that the application of international justice solution to the Diaoyu Islands issue than the use of force to recover the country’s image and more in line with the national strategy of peaceful development of our country.Part IV:Pointed out that the Diaoyu Islands issue recourse to international judicial settlement process and the challenges of the current problems of response measures. The first is the Sovereignty of Diaoyu Islands dispute to international justice to address the challenges faced problems, mainly divided into substantive issues of international law and international procedural issues two parts, such as the former treaty interpretation, the definition of the treaty, the Treaty on the effectiveness of third countries, "key date" problem, effective control principles; the latter, such as the burden of proof, the referee finds that the parties and the like. These issues will affect the final outcome of the International referee judicial settlement. Secondly, many problems related to the above, noted that response measures and preparedness measures to be taken and so on our country.