Analysts said that the fishing islands sovereignty in accordance with China’s effective possession of Japan
information Figure: Diaoyu Islands
, a person can not transfer their rights, “This is a legal maxim is common sense. However, Japan’s Tokyo Governor Shintaro Ishihara has chosen to do the opposite, he actually purchased on behalf of the Tokyo Metropolitan Government, the islands of the ownership of fishing other than the addition to the Taisho Island! Who to buy? Not to China’s sovereignty over the fishing islands, but no legal title to a Japanese private In other words, Ishihara to the transfer of the Japanese east Kyoto government simply does not belong to his rights.
fishing islands first discovered by the Chinese
Ishihara’s eyes, the Japanese have been legally have the above-mentioned fishing islands ownership. The logic is that the so-called ownership of the Japanese is 1970 derived from ancient Japan Jia-purchase; ancient the Jiali on fishing islands ownership is the purchase proceeds to the Japanese government in 1895. Ownership of the Government of Japan come from? Is said to be from the territorial sovereignty of the Japanese islands, fishing, and this sovereignty is by ancient Jiali Koga Chen Shiro in 1884 the first “discovered” fishing islands derived. Obviously, Ishihara’s logic is not established, it should depend on whether the Diaoyu Islands are Japanese territory.
Japan tend to traditional international law on the preemption theory as the basis for access to fishing the territorial sovereignty of the islands that Japan first discovered the fishing islands of territorial sovereignty. However, what is Chinese or Japanese first discovered the fishing islands? A lot of historical data to prove that the fishing islands first discovered by the Chinese people. As early as the Ming Dynasty Jiajing, Ming Dynasty canonized Guo Rulin after the way to go to Ryukyu and records of the Diaoyu Islands and Akao. Ming Dynasty, Fujian Governor Hu Zongxian drawing “chip chart series” painted on the Diaoyu Islands. Kangxi 20 years (1683) go to Ryukyu envoy Wang Ji and his party by boat starting from the five Humen Pengchiayu Islet, Diaoyu Islands, arrived the next day Akao. Therefore, the Chinese as early as the Japanese Koga for hundreds of years to find fishing islands. If a territorial sovereignty, it should be on the fishing islands to enjoy territorial sovereignty, rather than Japan.
fishing islands effective possession
international law preemptive nullius effective occupation and territorial sovereignty of a manner. As early as 1928 Palma Island in the arbitration case, the sole arbitrator Huber declared explicitly, continuous and peaceful display of unclaimed land “territorial sovereignty” or “effective occupation” to get the territory sovereignty. Accordingly, the object according to the preemptive territorial sovereignty must be terra nullius.
In fact, the Japanese in 1884 “discovered” when the fishing islands is not terra nullius, but the Chinese territory. Fishing islands nearby waters traditionally the case of fishermen place, our fishermen shelter and rest of the land. From the above “chip chart compiled” Look, the Ming government program already and fishing islands in the Fujian coastal defense within. Qing Tongzhi years (1863), compiled by Hu, Yan Shusen Dynasty unified the map are marked with Chinese fishing islands, island yellow tail, red tail Island island place names, and specially marked “from the masters, such as a four American hybrid with its national language, which means fishing islands belong to China.
before the Japanese “discovered” fishing islands, not only the historical materials of Chinese and foreign historical data is also will be fishing islands as Chinese territory. Hong Kong Map collectors Tan Zhaozhang of in 2010 for the exhibition to commemorate the “9.18 Incident” in 1794 British nautical map on the Diaoyu Islands, the word is the Minnan dialect phonetic rather than named in Japanese. Even the Japanese 228 years ago, the map also marked the Diaoyu Islands are Chinese territory.
China’s sovereignty on fishing islands will not only be recognized by the international community, but also not subject to Japanese opposition. This fully proves that before the Ming Dynasty to the Japanese Koga, fishing islands has been part of China. Fishing islands first discovered by the Chinese people, sustained peace in China’s sovereignty, as indeed no doubt the Chinese territory.
Japan claimed that the fishing islands formerly Ryukyu, Okinawa was annexed by Japan, and thus fishing islands as Japanese territory together. In fact, the homeland of the Ryukyu Ryukyu country Zhongshan Pedigree drawing is not fishing islands included. Japan’s historical data, such as the Tzu-Ping Lin in the Code “in 1768 by the three countries through the drawings, will also be fishing the islands and China’s Fujian Province with the same color to distinguish them from Japan and the Ryukyu. This fully shows that Japan and the Ryukyu do not think that the fishing islands of the Ryukyu territory.
controlled fishing islands sovereignty in accordance with
Since 1895, the Sino-Japanese War, the Japanese in the illegal possession of Taiwan and the Penghu Islands fishing islands under its control as a subsidiary islands. However, late in World War II, December 1, 1943, the “Cairo Declaration”, the United States and Britain demanded that the Japanese unconditional surrender and give up the occupation of Northeast China, Taiwan, Penghu, and its affiliated islands. Of course, included as a subsidiary islands, fishing islands. The eve of the Japanese surrender in 1945, as the surrender of Japan and its allies to accept the Japanese surrender legal basis in the United States, Britain provisions of the Potsdam Proclamation, Japan’s sovereignty is limited to Honshu, Hokkaido, Kyushu and Shikoku local. Therefore, the fishing islands should return to Chinese sovereignty, and should not be regarded as Japanese territory.
However, the U.S. occupation forces after World War II has been in control of fishing islands, fishing islands “administrative jurisdiction” and in 1970 handed over to Japan. This has resulted in the normal state of Japan under the control of fishing islands. However, the U.S. State Department on April 9, 1971 statement: “the sovereignty of the Senkaku Islands dispute should the parties themselves to resolve to be the referee or by a third party, if the two sides hope to do so.” This statement shows that the transfer behavior in the United States does not involve fishing islands of sovereignty, and thus does not prove that the fishing islands as Japanese territory.
In summary, the fishing islands are Chinese territory, rather than the Japanese territory. One hundred years ago, the Japanese government will sell the Japanese Koga is the transfer does not belong to their rights, and now the Tokyo Metropolitan Government is actually from the purchase of ownership is no ownership in private hands, and it is right to buy does not belong to the seller . Obviously, this trading is not valid. Chinese and Japanese governments have reached a consensus to solve territorial dispute fishing islands, namely, putting aside disputes and seeking common development. This is a wise policy to focus on the maintenance and development of bilateral relations. Shintaro Ishihara, the “buy” the move is not only ineffective, but also undermines the overall situation of Sino-Japanese friendship. (Secretary average of the Department of East China University of Political Science and Professor of International Law)