釣魚臺(tái)群島主權(quán)歸屬問題之國(guó)際法研究
發(fā)布時(shí)間：2018-11-02 11:59
【摘要】：釣魚島及其附屬島嶼位于我國(guó)臺(tái)灣東北的東海海域，陸地面積為6.5平方公里，由釣魚嶼、赤尾嶼、黃尾嶼等5個(gè)島嶼和一些礁石組成。我國(guó)政府一貫主張釣魚島及其附屬島嶼是我國(guó)的固有領(lǐng)土。據(jù)史料記載，是中國(guó)人首先發(fā)現(xiàn)、利用、命名這些島嶼的。而中國(guó)目前最早記載釣魚島的歷史文獻(xiàn)是1403年明朝永樂元年的《順風(fēng)相送》，此后，又有大量來(lái)自中國(guó)、日本、西洋、琉球的相關(guān)歷史文獻(xiàn)，均證明了釣魚島及其附屬島嶼的主權(quán)屬于中國(guó)，而日本在1895年1月的內(nèi)閣會(huì)議決議，決定正式將其編入所謂的日本國(guó)領(lǐng)土，行政隸屬?zèng)_繩縣，隨后開始采取所謂的一系列的行為，包括在島上豎立界碑、派遣直升飛機(jī)“軍事控制”釣魚島及其附屬島嶼、在島上建立燈塔、將內(nèi)閣議員的戶籍遷入島內(nèi)等。中國(guó)政府歷來(lái)表明在釣魚島及其附屬島嶼主權(quán)歸屬問題上的主張，，即釣魚島及其附屬島嶼是中國(guó)固有的神圣領(lǐng)土，日本對(duì)釣魚島及其附屬島嶼的非法占領(lǐng)在國(guó)際法上違法、無(wú)效。1969年遠(yuǎn)東經(jīng)濟(jì)委員會(huì)發(fā)布“埃默里報(bào)告”，該報(bào)告預(yù)測(cè)釣魚島周邊海域可能蘊(yùn)含著非常豐富的石油、天然氣等資源，加劇了中日兩國(guó)在釣魚島問題上的對(duì)立，同時(shí)鑒于釣魚島及其附屬島嶼自身特殊的地理位置，軍事戰(zhàn)略價(jià)值巨大，所以中日兩國(guó)在其主權(quán)歸屬問題上嚴(yán)重對(duì)立、毫不妥協(xié)。本文簡(jiǎn)要回顧釣魚島及其附屬島嶼主權(quán)歸屬問題的起源，重點(diǎn)從國(guó)際法的角度駁斥了日本對(duì)釣魚島及其附屬島嶼的主權(quán)主張的錯(cuò)誤性，分析了中國(guó)對(duì)其主張的合理性。應(yīng)該說(shuō)研究此問題具有一定的理論和實(shí)踐價(jià)值，并具有現(xiàn)實(shí)意義，通過(guò)對(duì)釣魚島及其附屬島嶼的主權(quán)歸屬問題進(jìn)行研究，特別望為進(jìn)一步確認(rèn)釣魚島及其附屬島嶼的主權(quán)歸屬中國(guó)提供參考意見。
[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 However, the earliest historical documents recorded in China at present were the first year of Yongle in the Ming Dynasty in 1403. Since then, there have been a large number of relevant historical documents from China, Japan, the Western Ocean, and Ryukyu.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.
【學(xué)位授予單位】：上海社會(huì)科學(xué)院
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2012
【分類號(hào)】：D823;D993.5
本文編號(hào)：2305947
[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.
【學(xué)位授予單位】：上海社會(huì)科學(xué)院
【學(xué)位級(jí)別】：碩士
【學(xué)位授予年份】：2012
【分類號(hào)】：D823;D993.5
【參考文獻(xiàn)】
相關(guān)期刊論文 前1條
1 姚瑩;;解決中日東海爭(zhēng)端的司法路徑探析[J];當(dāng)代法學(xué);2011年03期
本文編號(hào)：2305947
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