国际法关于中日冲突的论述.doc

International Law Explanation on Diaoyu islands Dispute between China and Japan
Territorial领土的 dispute争端 on Diaoyu Islands between China and Japan arises long ago, and remains a sensitive and troublesome棘手的 issue问题 of Sino-Japan中日 relation. This dispute mainly refers to涉及 two aspects: island sovereignty and sea rights. As an international law issue, it is groundless无根据的 and unfounded无事实基础的 Japan a’lleged声称的 that it has ‘sovereignty主权 on Diaoyu Islands and it has ‘interests on East China Sea.
From the principles in International law, the sovereign right of Diaoyu Islands belong to China. We can state with the following facts:
On the one hand,China firstly discovered the island and possessed its sovereignty earlier in 15th century. So the “terra nullius" 无主地先占原则first “occu’pation”principle advocated提倡、主张 by Japan is untenable不能支持的and groundless.
On the other hand,the treaties条约 and agreements协定 signed已签定的 by Japan and US have had no legal effect没有效力 to decide the sovereign right主权 of DiaoYu Islands.
What’s more , according to the rules of terra nullius first “occupation”principle, Diaoyu islands belong to china because china firstly discovered and possessed it. In order to achieve the most reasonable合理的 result, China and Japan should obey遵守 the ‘Equity Principle公平原则 and Natural Prolon’gation延长部分 Principle to de’limitate划界线 the Conti’nental大陆的 Shelf大陆架 in East China Sea.