钓鱼台群岛主权归属问题之国际法研究

发布时间：2018-11-02 11:59

【摘要】：钓鱼岛及其附属岛屿位于我国台湾东北的东海海域，陆地面积为6.5平方公里，由钓鱼屿、赤尾屿、黄尾屿等5个岛屿和一些礁石组成。我国政府一贯主张钓鱼岛及其附属岛屿是我国的固有领土。据史料记载，是中国人首先发现、利用、命名这些岛屿的。而中国目前最早记载钓鱼岛的历史文献是1403年明朝永乐元年的《顺风相送》，此后，又有大量来自中国、日本、西洋、琉球的相关历史文献，均证明了钓鱼岛及其附属岛屿的主权属于中国，而日本在1895年1月的内阁会议决议，决定正式将其编入所谓的日本国领土，行政隶属冲绳县，随后开始采取所谓的一系列的行为，包括在岛上竖立界碑、派遣直升飞机“军事控制”钓鱼岛及其附属岛屿、在岛上建立灯塔、将内阁议员的户籍迁入岛内等。中国政府历来表明在钓鱼岛及其附属岛屿主权归属问题上的主张，，即钓鱼岛及其附属岛屿是中国固有的神圣领土，日本对钓鱼岛及其附属岛屿的非法占领在国际法上违法、无效。1969年远东经济委员会发布“埃默里报告”，该报告预测钓鱼岛周边海域可能蕴含着非常丰富的石油、天然气等资源，加剧了中日两国在钓鱼岛问题上的对立，同时鉴于钓鱼岛及其附属岛屿自身特殊的地理位置，军事战略价值巨大，所以中日两国在其主权归属问题上严重对立、毫不妥协。本文简要回顾钓鱼岛及其附属岛屿主权归属问题的起源，重点从国际法的角度驳斥了日本对钓鱼岛及其附属岛屿的主权主张的错误性，分析了中国对其主张的合理性。应该说研究此问题具有一定的理论和实践价值，并具有现实意义，通过对钓鱼岛及其附属岛屿的主权归属问题进行研究，特别望为进一步确认钓鱼岛及其附属岛屿的主权归属中国提供参考意见。
[Abstract]:The Diaoyu Islands and its affiliated islands are located in the East China Sea, northeast of Taiwan, with a land area of 6.5 square kilometers. The islands are composed of five islands, including phishing, Chiwei and Huangwei, and some reefs. My Government has always maintained that the Diaoyu Islands and its affiliated islands are our inherent territory. According to historical records, it was the Chinese who first discovered, used and named these islands. However, the earliest historical documents recorded in China at present were the first year of Yongle in the Ming Dynasty in 1403. Since then, there have been a large number of relevant historical documents from China, Japan, the Western Ocean, and Ryukyu. Both prove that the sovereignty of the Diaoyu Islands and its affiliated islands belongs to China. In January 1895, the cabinet meeting of Japan decided to formally incorporate the islands into the so-called Japanese territory, which was administratively attached to Okinawa prefecture. Then began a series of so-called acts, including erecting boundary pillars on the island, sending helicopters to "militarily control" the Diaoyu Island and its affiliated islands, establishing lighthouses on the island, and moving the domicile of cabinet members into the island. The Chinese Government has all along made clear its position on the sovereignty of the Diaoyu Islands and its affiliated islands, that is, the Diaoyu Islands and their affiliated islands are sacred territory inherent to China and that the illegal occupation by Japan of the Diaoyu Islands and its affiliated islands is illegal under international law. No. In 1969, the far East Economic Commission issued the Emory report, which predicted that the waters around the Diaoyu Islands might contain abundant oil, natural gas and other resources, exacerbating the confrontation between China and Japan over the Diaoyu Islands. At the same time, because of the special geographical position of Diaoyu Island and its affiliated islands, the military strategic value is huge, so China and Japan are in serious opposition and uncompromising on the issue of their sovereignty ownership. This paper briefly reviews the origin of the sovereignty of the Diaoyu Islands and its affiliated islands, emphatically refutes the erroneous nature of Japan's claim to the Diaoyu Islands and its affiliated islands from the angle of international law, and analyses the rationality of China's claim on the Diaoyu Islands and its affiliated islands. It should be said that the study of this issue has certain theoretical and practical value, and has practical significance, through the study of the Diaoyu Islands and its subsidiary islands sovereignty ownership, In particular, we hope to provide reference for further confirmation of the sovereignty of the Diaoyu Islands and its affiliated islands to China.
【学位授予单位】：上海社会科学院
【学位级别】：硕士
【学位授予年份】：2012
【分类号】：D823;D993.5

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