August 15,, the Chinese people the diaoyu islands. Today, Beijing university professor of international relations LiangYunXiang in accepting the China youth daily reporter to interview said that at present, the island dispute settlement principle basically has 3: preempt principle, aging principle, effective rule.

No matter what kind of applicable principle, "China's diaoyu islands have the undisputed territorial sovereignty." The Chinese academy of social sciences researcher at the international law research center WangHan spirit said, it have sufficient historical facts and legal basis.

Diaoyu islands is not impersonally

National university of Singapore Asian law research center WangJiangYu, deputy director, said the acquisition modes of the territory on the international law have 5 kinds: occupation (preempt), apposition, cession, to conquer and aging. "The main first is preempt principle, but the preempt the premise must be impersonally."

So, the diaoyu islands is the meaning of international law without the Lord?

People's university of China, director of the center for east Asian studies HuangDaHui told China youth daily reporter: "China first to observe and name the diaoyu islands, this already is the official and academic circles of the two countries recognized historical facts." Since then hundreds of years, Ming and qing dynasties will diaoyu islands listed in the territory within rule, in the seizure of Japan, before China's diaoyu islands sovereignty has been validly existing, China is the only legal owners.

As early as 1373 before and after, China's fishermen found the diaoyu island and its development and utilization of resources, since then, diaoyu islands belong to China's territory. Yongle (A.D. 1403-1424) issue of the wind to send the book about in the diaoyu island records, this is Japan claimed ryukyuan ancient HeChen koga in 1884 found that diaoyu islands to 400 years earlier.

"In 1893, the empress dowager cixi will diaoyu islands, three islands reward to her subjects ChengXuanHuai. This is China's official behavior, it strongly proves diaoyu island is part of Chinese territory. WangHan spirit said.

WangHan spirit points out, in the diaoyu islands issue, some of the famous Japanese scholars also think, diaoyu islands belongs to China. Japanese scholars village TianZhongXi has been quick to note, the diaoyu islands belongs to China. "The so-called 'impersonally theory" is not established. He said: "as a historical fact, Japan is called tip pavilion islands of the island was belongs to China, and not belong to ryukyu islands. Japan in 1895 in these places, through the sino-japanese war victory of fish in troubled waters, is by no means a sport behavior.

WangJiangYu think, in addition to have plenty of historical documents and evidence that diaoyu islands belong to outside China, Japan also cannot meet the first principle of required impersonally recognition and occupation declared, occupation of action and the jurisdiction of the actual effect, such as legal conditions.

Diplomatic protest legal significance lies in "resistance but" aging occupation behavior

In addition to preempt principle, "aging possession" is one of the territory for the principles of international law.

According to WangJiangYu introduction, aging obtain need to meet four conditions. First, ZhanLingGuo government to the exercise of sovereignty over possession of territory; Second, possession must be continuous to peace; Third, possession must open; Fourth, possession must continue.

"According to international law, a piece of land in the beginning is who get, if the country is no obstacles, without interference occupied a period of time, the land will be who." LiangYunXiang said, this "for a time" actually how long, international law on no detailed regulations how many years. Japan often with "aging possession" for claims for the sovereignty of the diaoyu islands.

WangJiangYu think, international law, although through the "aging possession" of the ways to achieve the territory, in recent decades, few examples of success, but not in the law to prevent first. But to prevent "aging possession" succeed, competition state will have to take appropriate against behavior, such as diplomatic protest.

"Japan for normal 'aging way" obtain diaoyu islands sovereignty, must be in China's long-term acquiescence, no objection can be achieved under the premise of." HuangDaHui said, but in fact, the Chinese government has sovereignty over diaoyu island on the statement, for a long time is very firm, clear and consistent. China protests, legally speaking, that Japan's so-called "long-term continuous effective management" for obtain territorial aging interrupt. "

WangJiangYu said, international law, the territory "aging get" general requirements capture must be act of state, and for peace. But for the activities of the competitor protest behavior, international law and no clear requirements and from the latter does not deny the validity of the folk protest, as long as can make occupy can't "continuous peace" even if have the effect.

He analysis, strategic government protests will accompany with folk protest and be the latter reinforcement. As China's official people to diaoyu islands action, making the Japanese can't achieve sustained peace in accordance with the principle of occupation in the international law has sovereignty over diaoyu island.

Japan never "effective rule" diaoyu islands

From the current situation, the Japanese actual control of the diaoyu islands, but HuangDaHui think, this is not to say that Japan realized the effective rule in the diaoyu islands. In fact, in before the sino-japanese war, Japan never to diaoyu islands implement any 'effective rule ". After the war the entire Taiwan and affiliated islands were Japan grab, simply do not need to Japan "through the folk to carry out effective rule" to reflect on sovereignty over diaoyu island.

In April 1947, the United Nations "about the former Japanese appointed the island was ruled by agreement, belong to China's ryukyu islands and the diaoyu islands to the United States" trust ". 1970 years in China and Japan is not present, sign "the San Francisco peace treaty", take Chinese territory for trade, leave the ryukyu along with the diaoyu islands "ShiZhengQuan" turn over to Japan. But the Chinese government never admit that the so-called "the San Francisco peace treaty". The diaoyu islands dispute arising therefrom.

In 1972, the famous Japanese historian, Kyoto university professor inoue clear in his essay, "the fishing islands of history and ownership" in clarify diaoyu islands in the history belongs to China. In 1995, inoue clear once again said, diaoyu islands is indeed China, 1895 by the Japanese steal.

WangJiangYu think, at present the two sides, in fact, are taking a negative attitude processing diaoyu islands, but under the pressure of the people sometimes difficult to prevent the occurrence of intense action. "Especially Japan, the whole country in the very anxious state of affairs, such as Mr Ishihara right-wing version of the Japanese government and the rising pressure. The parties dispute upgrades, first by the Japanese is triggered.