Legal analysis of the composition of Diaoyu Island

Diaoyu Island is Diaoyu Island? The main island is the inherent territory of China. Due to historical reasons, it was occupied by Japan. Japan was defeated in World War II. 19 14 The territory occupied by Japan since the beginning of World War I, including Diaoyu Island, should have returned to the embrace of the motherland long ago. However, the United Nations, which was manipulated by the United States, passed the Agreement on the Former Japanese Appointed Islands, and handed over the Ryukyu Islands and Diaoyutai Islands belonging to China to the United States for "trusteeship". 1972, the United States "handed over" the Diaoyu Islands to Japan together with Ryukyu on the sovereignty issue, causing disputes between China and Japan. At that time, under the pressure of public opinion, the United States announced that it would only hand over the administrative jurisdiction of the Diaoyu Islands to Japan, which had nothing to do with sovereignty. The issue of sovereignty over Diaoyu Islands should be resolved by all parties concerned through negotiations. The Japanese government took a de facto occupation and refused to negotiate. Then came the Diaoyu Islands issue.

To solve the Diaoyu Islands problem, we need to analyze the history, find strong evidence from the legal documents between China and Japan, and find evidence that everyone must admit from the legal documents between China and other countries (especially the United States).

1972 On September 29th, China signed the Joint Statement of the Japanese and Japanese Governments, announcing the establishment of diplomatic relations at the ambassadorial level from now on. The "Statement" announced: "Since the date of this statement, the abnormal state between the Japanese people and China and China has come to an end"; "The Japanese side is deeply saddened by Japan's responsibility for causing great damage to the people of China due to past wars and expresses deep introspection"; "The Japanese people and the Japanese government have announced that they will give up their claim for war compensation against Japan for the friendship between the Chinese and Japanese peoples." . In the declaration, the Japanese government recognized the government of People's Republic of China (PRC) as the sole legal government of China. The government of China reiterated: "Taiwan Province Province is an inalienable part of the territory of China people"; The Japanese government expressed its full understanding and respect for this position of the Government of China, and insisted on abiding by the provisions of Article 8 of the Potsdam Proclamation.

Article 8 of the Potsdam Proclamation reads: The conditions of the Cairo Declaration will be implemented, and Japan's sovereignty will be limited to the small islands decided by Honshu, Hokkaido, Kyushu, Shikoku and others.

Article 8 of the Potsdam Proclamation corresponds to the Cairo Declaration. With regard to Taiwan Province Province, the Cairo Declaration issued by China, the United States and Britain in 1943 12 1 stipulates that the purpose of the three countries is to deprive Japan of all the islands it has seized or occupied in the Pacific since the beginning of the First World War in 19 14, so as to make it possible for Japan to.

1970? The United States and Japan signed the San Francisco Peace Treaty to deal with the jurisdiction of the Ryukyu Islands, including the Diaoyu Islands, without the participation of the Japanese government. This is an invalid punishment that exceeds its authority. It is no different from cowherd and others conspiring to sell the owner's cow, and it has no legal effect at all in legal logic. Therefore, the Japanese government and people have never recognized the Sino-Japanese San Francisco Peace Treaty and its consequences.

According to the above declaration, the Potsdam Proclamation and the Cairo Declaration, there is not only a dispute over the sovereignty of Diaoyu Island, but also a dispute over the sovereignty of Ryukyu Islands between China and Japan. The United States has an unshirkable responsibility for the sovereignty dispute over the Ryukyu Islands, including the Diaoyu Islands. The reason why the United States does this is actually a strategy adopted from the perspective of American interests, which is out of its selfishness.

To sum up, as far as the basic justice of international law is concerned, we have sufficient reasons, moral advantages and rationality to recover the sovereignty of Diaoyu Island.

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