碩士 / 國立臺灣海洋大學 / 海洋法律研究所 / 96 / In 1969, a report by the UN Economic Commission for Asia and the Far East (ECAFE) indicated the possibility of large oil reserves on the continental shelves of the Diaoyutai Archipelago. The report has raised attention from Japan, Taiwan and China. In May 1970, the Japanese government attempted to assume ownership on Diaoyutai Archipelago, which belonged to Taiwan. The government of Taiwan then made a serious statement to express the firm resolve of the country to oppose that assertion. These led to the first conflict between Taiwan and Japan on the sovereignty of the Diaoyutai Archipelago. In the more than 30 years thereafter, the sovereignty of Diaoyutai Archipelago has remained outstanding among Taiwan, China and Japan. The Japanese government has claimed repeatedly that the Diaoyutai Archipelago was originally Japanese territory, acquired by the Japanese government in 1895 through occupation. For the Japanese government, therefore, the dispute on the “Senkaku Islands “is not existent.
Looking into sovereignty dispute on the Diaoyutai Archipelago, no matter from a historical or legal perspective, Taiwan holds powerful evidence to prove that it owns the sovereign of the Diaoyutai Archipelago. In the international society today, however, the power of a country has become, overwhelmingly, the determining factor for all issues. Protection from the International Law is extremely limited. The situation is worsened by the dispute on Taiwan’s national sovereignty against China. The main purpose of the dissertation, therefore, is to identify the best solution to the dispute on the sovereignty of the Diaoyutai Archipelago under the circumstances, taking into account the domestic and international environments, the dignity of the country and the benefit of its people.
We understand through the study that, ever since the dispute on the sovereignty of Diaoyutai Archipelago came into shape, Taiwan, China and Japan have been adopting different approaches to express and explain their positions. It is inevitable that all parties would, selectively, insist on the approaches that are most favorable to themselves, particularly when the issue is critical to the interests of the country. In this dissertation, therefore, we would first probe into the different assertions of China, Japan, Taiwan and the United States, as well as the influence of the USA, which is most critical. Apart from a review on the historical background, we also identify the key issues of the dispute on the Diaoyutai sovereignty by focusing on international law in connection with the acquisition of territory. Taiwan is in a less favorable position among the parties concerned. We are, therefore, also providing practical suggestions and prospects on the potential solutions to adequately resolve the sovereignty problem of Diaoyutai in the current international environment.
| Identifer | oai:union.ndltd.org:TW/096NTOU5273020 |
| Date | January 2008 |
| Creators | Yung- Chi Pan Lee, 潘李泳淇 |
| Contributors | Kuan- Hsiung Wang, 王冠雄 |
| Source Sets | National Digital Library of Theses and Dissertations in Taiwan |
| Language | zh-TW |
| Detected Language | English |
| Type | 學位論文 ; thesis |
| Format | 136 |
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