Reflections On The Diaoyu Islands Sovereignty Dispute In International Law

The sovereignty of Diaoyu Islands belongs to China since ancient times. But Japan hasignored the sovereignty of China, there have been attempts, from Diaoyu Islands to thecoveted secret stealing from the public, forcibly taken to forced to return from the plotaccording to the international conventions, custody and returned to purchase farce today,Japan’s small action has not stopped, all kinds of illegal acts have lasted for nearly onehundred and thirty years. The problem is not only the sovereignty of Diaoyu Islands, but theEast China Sea delimitation.Although theoretically solve the islands is a prerequisite to complete the delimitation ofthe sea, but a large number of practice shows, the two is often performed at the sametime.According to estimates, fishing and oil and gas resources in the waters aroundconsiderable, enough to make Japan coveted. Therefore, if not solve maritime delimitation,just solve Islands Sovereignty, this practice feasibility and necessity in politics are doubtful.Therefore, this paper focuses on the two part.To solve the Diaoyu Islands issue, not only conducive to defend China’s sovereignty andterritorial integrity, but also conducive to peace and development in the Asia-Pacific region.Nearly three, forty years, Chinese scholars collected most of the historical documents toprove that, since ancient times, Diaoyu Islands belongs to China, but ignore the Americanplay in the islands disputes in the role and status of the island in the East China Seademarcation. In this paper, in view of international law, using historical analysis, induction,deduction and other legal method is discussed and will contact the islands dispute with theeastern sea area delimitation research, In addition, has carried on the exploration to solve theislands and the eastern maritime delimitation disputes.In structure, this thesis is divided into five parts, the specific contents are as follows:The first part, the purpose and significance of this topic mainly discusses the selection,research methods and innovative points of this topic research present situation and this article.The second part, introduces the origin of the sovereignty over the Diaoyu Islands Dispute, mainly includes two aspects of historical origin and geographical origin; then analysisthe reasons behind the dispute sovereignty over the island and the United States of Americafactors.The third part, discusses the ideas and on the basis of the two sides, the two sides maygive tit for tat, but that the unequal treaties and managed and return does not involve theterritorial sovereignty.The fourth part, one one against the Japanese claim from the perspective of internationallaw, so as to prove the Chinese view. The two sides differ mainly in the East China Seadelimitation is: the island is entitled to continental point. According to the different opinionsof both sides, according to the specific situation of the Diaoyu Islands, through the analysis ofthe United Nations Convention on the law of the sea, the international law case andinternational custom law origin, draws the conclusion: in the East China Sea demarcationdispute, the island only enjoys the territorial sea and contiguous zone, Okinawa trough shouldbe considered when the East China Sea demarcation hand.The five part think about the diaoyu islands sovereignty dispute settlement methods.Through the analysis of the current dispute resolution process problems, put forward the"putting aside disputes, common development" politics of concrete and through internationaljudicial way to compensate for the diplomatic dilemma, so as to give full play to theadvantages of foreign.Conclusion: the Diaoyu Islands are China’s inherent territory since ancient times,whether it is the habit of Chinese world order based on the method, or international law on thepreemption, based on Chinese territory, sovereignty of the Diaoyu Islands have be abovesuspicion doubt. For the continuous provocation in Japan, China should be forcefully, alwaysgrasp the initiative in the Diaoyu islands. In addition, unite with all the forces that can beunited, to safeguard national territorial sovereignty and security.