(四)美國與日本對釣魚島進行私相授受法理不容 | 4) Backroom deals between Japan and the United States over Diaoyu Islands are illegal and invalid. |
1951年9月8日,美國及一些國家在排除中國的情況下,與日本締結(jié)了《舊金山和約》,規(guī)定北緯29度以南的西南諸島等交由聯(lián)合國托管,而以美國作為唯一的施政當局。同年9月18日,周恩來外長代表中國政府鄭重聲明,《舊金山和約》由于沒有中華人民共和國參加準備、擬制和簽訂,中國政府認為是非法的、無效的,因而是絕對不能承認的。而且,該和約所確定的交由美國托管的西南諸島并不包括釣魚島。1953年12月25日,琉球列島美國民政府發(fā)布《琉球列島的地理界限》(第27號布告),擅自擴大美國的托管范圍,將中國領土釣魚島裹挾其中。美國的這一做法沒有任何法律依據(jù)。 | On September 8, 1951, Japan, the United States and a number of other countries signed the Treaty of Peace with Japan (commonly known as the Treaty of San Francisco) with China excluded from it, which placed the Nansei Islands south of the 29th parallel of north latitude under United Nations' trusteeship, with the United States as the sole administering authority. On September 18, 1951, Zhou Enlai, the then Chinese Premier and Foreign Minister, made a solemn statement on behalf of the Chinese government that the Treaty of Peace with Japan signed in San Francisco was illegal and invalid and could under no circumstances be recognized by the Chinese government since China had been excluded from its preparation, formulation and signing. The islands placed under the administration of the United States in the Treaty of Peace with Japan did not include Diaoyu Islands. However, on December 25, 1953, the United States Civil Administration of the Ryukyu Islands (USCAR) issued Civil Administration Proclamation No. 27 defining the "geographical boundary lines of the Ryukyu Islands", arbitrarily expanding its jurisdiction to include China's Diaoyu Islands. There were no legal grounds whatsoever for the United States to take this action. |
1971年6月17日,美國與日本簽署了《關于琉球諸島及大東諸島的協(xié)定》(又稱“歸還沖繩協(xié)定”),將琉球諸島和釣魚島的“施政權(quán)”“歸還”日本。對此,中國政府和人民以及海外華僑華人表示了強烈反對。中國外交部發(fā)表嚴正聲明,強烈譴責美、日兩國政府公然把中國領土釣魚島劃入“歸還區(qū)域”,指出“這是對中國領土主權(quán)的明目張膽的侵犯。中國人民絕對不能容忍!” | On June 17, 1971, Japan and the United States signed the Agreement Concerning the Ryukyu Islands and the Daito Islands (Okinawa Reversion Agreement), which provided that any and all powers of administration over the Ryukyu Islands and Diaoyu Islands would be "reverted" to Japan. The Chinese government and people, including overseas Chinese, expressed their strong opposition to the backroom deal between Japan and the United States over Diaoyu Islands. The Chinese Ministry of Foreign Affairs issued a statement, fiercely condemning the US and Japanese governments for wilfully including China's Diaoyu Islands into the territories to be returned to Japan in the Agreement. The statement pointed out that "the agreement was a blatant violation of Chinese territorial sovereignty and would not be tolerated by the Chinese people." |
對此,美國政府不得不作出澄清,公開表示:“把原從日本取得的對這些島嶼的施政權(quán)歸還給日本,毫不損害有關主權(quán)的主張。美國既不能給日本增加在它們將這些島嶼施政權(quán)移交給我們之前所擁有的法律權(quán)利,也不能因為歸還給日本施政權(quán)而削弱其他要求者的權(quán)利?!瓕Υ说葝u嶼的任何爭議的要求均為當事者所應彼此解決的事項。”同年美國參議院批準“歸還沖繩協(xié)定”時,美國國務院發(fā)表聲明稱,盡管美國將該群島的施政權(quán)交還日本,在中日雙方對群島對抗性的領土主張中,美國將采取中立立場,不偏向于爭端中的任何一方。直到近年,美國國務院仍一再重申:“美國的政策是長期的,從未改變。美國在釣魚島最終主權(quán)歸屬問題上沒有立場。我們期待各方通過和平方式解決這個問題?!?/td> | In face of this, the United States administration had to make clarifications. It publicly stated that "the United States believes that a return of administrative rights over those islands to Japan, from which the rights were received, can in no way prejudice any underlying claims. The United States cannot add to the legal rights Japan possessed before it transferred administration of the islands to us, nor can the United States, by giving back what it received, diminish the rights of other claimants. The United States has made no claim to Diaoyu Islands and considers that any conflicting claims to the islands are a matter for resolution by the parties concerned." In the same year, when presenting the Okinawa Reversion Agreement to the United States Senate for ratification, the United States Department of State stressed that the United States took a neutral position with regard to the competing Japanese and Chinese claims to the islands, despite the return of administrative rights over the islands to Japan. The United States Department of State has since restated its position even in recent years, stating that "the United States does not take a position on the question of the ultimate sovereignty of the Senkaku Diaoyu Islands. This has been our longstanding view. We expect the claimants will resolve this issue through peaceful means." |
事實說明,無論是19世紀末日本竊取中國領土釣魚島,還是20世紀70年代美日對釣魚島進行私相授受,都嚴重侵犯了中國的領土主權(quán),都是非法的、無效的,不可能也沒有改變釣魚島屬于中國的事實。 | The facts have shown that both the Japanese stealing of Diaoyu Islands from China in the late 19th century and the backroom deals by the US and Japan concerning Diaoyu Islands in 1970s are acts of grave violation of China's territorial sovereignty. They were illegal and invalid, did not and cannot in any way change China's ownership of Diaoyu Islands. |
三、中國為維護釣魚島主權(quán)對日本開展了堅決斗爭 | 3. China has taken a strong stance to safeguard its sovereignty over Diaoyu Islands. |
1972年中日邦交正?;?978年締結(jié)和平友好條約談判過程中,兩國老一輩領導人著眼大局,就“釣魚島問題放一放,留待以后解決”達成了重要諒解和共識。然而,上世紀70年代末以來,日本政府一再違反共識,多次縱容日本右翼分子登島、修建“燈塔”。近年來,日本在釣魚島的侵權(quán)行動日益凸顯官方色彩,政府先后從“民間所有者”手中“租用”釣魚島及南小島、北小島,將右翼分子修建的“燈塔”收歸“國有”,把國民戶籍“登記”在釣魚島,并向聯(lián)合國秘書長交存標有釣魚島“領?!钡暮D。 | During the negotiations between China and Japan on the normalization of their diplomatic relations in 1972 and on the conclusion of the Sino-Japanese Treaty of Peace and Friendship in 1978, the then leaders of the two nations, with the overall interests of bilateral ties in mind, reached an important understanding and consensus to "leaving the issue of the Diaoyu Island to be resolved later". However, the Japanese government has, since the late 1970s, gone back on the commitments and connived at such activities as landing on Diaoyu Islands and building "lighthouses" by right-wingers. In recent years, the Japanese government has become increasingly involved in infringements on Diaoyu Islands. The Japanese government first "rented" Diaoyu Island, Beixiao Island and Nanxiao Island from their "private owners", then "nationalized" the "lighthouses" built by right-wingers, and finally registered some citizens as residents of Diaoyu Islands. Japan has also deposited with the Secretary-General of the United Nations of a chart which marks its "territorial waters" around Diaoyu Islands. |
針對日方侵權(quán)行徑,中方進行了堅決、有力的斗爭。外交上,中國政府對日本政府提出嚴正交涉,并采取有力的反制措施。日本政府被迫明確表態(tài)“不支持、不鼓勵、不承認”右翼分子在釣魚島的行為,承諾對其進行管束,禁止其登島。法律上,中方采取一系列措施,重申對釣魚島的主權(quán)。1992年2月,中國頒布《中華人民共和國領海及毗連區(qū)法》,以立法形式重申釣魚島為中國領土。2008年5月15日,中國政府針對日方向聯(lián)合國交存包含釣魚島“領?!钡暮D,向聯(lián)合國秘書長提交了反對照會。2012年3月3日,中國公布了釣魚島及其部分附屬島嶼的標準名稱。2012年9月10日,中國政府發(fā)表聲明,公布了釣魚島及其附屬島嶼的領海基線。同時,中國漁政船只在釣魚島海域進行常態(tài)化執(zhí)法巡航,中國海監(jiān)船只也在該海域開展維權(quán)巡航,行使中國對釣魚島及其附近海域的管轄。上述一系列措施有力打擊了日本侵占釣魚島的圖謀。 | China has forcefully stated its firm opposition to these Japanese infringements. Diplomatically, the Chinese government has made stern representations with the Japanese government and has taken strong countermeasures. Under pressure, the Japanese government made clear that it would "not support, encourage or acknowledge" the actions of right-wingers on Diaoyu Islands, promised to restrain them and prohibit them from landing on the islands. Legally, China has taken a number of measures to reaffirm its sovereignty over Diaoyu Islands. In February 1992, China issued the Law of the People's Republic of China on the Territorial Sea and the Contiguous Zone, which reiterates China's territorial sovereignty over Diaoyu Islands in the form of legislation. On May 15, 2008, China sent a note to the Secretary-General of United Nations in opposition to Japan's depositing with the United Nations of a chart which marks its "territorial waters" around Diaoyu Islands. On March 3, 2012, China released standard names and descriptions of Diaoyu Island and its affiliated islands. On September 10, 2012, China released territorial baselines of Diaoyu Island and its affiliated islands. In the meantime, Chinese fishery law enforcement vessels conduct routine patrols in the waters around Diaoyu Islands and Chinese maritime surveillance vessels have also patrolled the waters to safeguard and exercise China's sovereignty and jurisdiction over Diaoyu Islands and adjacent waters. All these measures have dealt a severe blow to the Japanese scheme to occupy the islands. |
四、日本覬覦釣魚島的任何圖謀終將失敗 | 4. Any Japanese attempt to covet Diaoyu Islands is doomed to failure. |
今年以來,日本政府在釣魚島問題上動作頻頻。繼今年初對釣魚島的幾個附屬島嶼搞“命名”鬧劇之后,又姑息縱容右翼勢力掀起“購島”風波,并最終跳到前臺,直接出面“購買”釣魚島及附屬的南小島和北小島,對之實行所謂“國有化”。 | Since the beginning of this year, the Japanese government has taken actions one after another over the issue of Diaoyu Islands. Even this year, it staged a farce of naming Diaoyu Island and its affiliated islands. Then it encouraged the right-wingers to instigate a political storm around the issue of "purchasing" the islands. Finally, the Japanese government pulled off its mask and revealed its own intention to "purchase" and "nationalize" Diaoyu Island, Nanxiao Island and Beixiao Island. |
日本政府此舉目的在于通過所謂“國有化”,強化其對釣魚島的所謂“實際管轄”,以最終實現(xiàn)對釣魚島的侵占。無論日本政府如何辯解和粉飾,都掩蓋不了這一行徑的實質(zhì)是在拿別人的東西進行“買賣”。稍有常識的人都知道,這種行為是荒唐的,也是非法的,并且注定是不可能得逞的。 | By "nationalizing" the islands, the Japanese government aims to reinforce its "actual control" over Diaoyu Islands and eventually occupy the islands. Yet, no matter how the Japanese government argues and glosses over its proposal, it cannot hide its true intention of "buying or selling" things that belong to others. Anyone with common sense can see it is absurd, illegal and doomed to failure. |
日本在釣魚島問題上的錯誤行徑,根子在于日本一些勢力對軍國主義侵略罪責缺乏正確認識和深刻反省,實質(zhì)是對《開羅宣言》和《波茨坦公告》等國際法律文件所確定的戰(zhàn)后對日安排和亞太地區(qū)秩序的蔑視和翻案,是對世界反法西斯戰(zhàn)爭勝利成果的否定和挑戰(zhàn)。從日本處理與包括中國在內(nèi)的周邊鄰國的領土主權(quán)爭端中,絲毫看不出日本對過去的侵略戰(zhàn)爭和殖民統(tǒng)治有真誠的悔意,反而暴露其想通過制造與鄰國的摩擦,找回因侵略戰(zhàn)爭的失敗而蒙受的“損失”和顏面的用心。 | The root cause of Japan's wrong stance on Diaoyu Islands lies in the absence of a correct understanding and profound remorse by some forces in Japan of the crime of militarist aggression that Japan committed in the past. At the heart of the matter is a disregard for, and overturning of, international legal documents, including the Cairo Declaration and the Potsdam Proclamation, which determined the post-war arrangements with Japan and the post-war order in the Asia-Pacific region. This amounts to a denial of, and a challenge to, the victorious result of the world war against fascism. In dealing with neighboring countries, including China, on territorial disputes, Japan has failed to show sincere remorse for its past aggression and colonial rule. Instead, it has revealed its intention to recover the "losses" the defeat in its war of aggression had inflicted on it, and save face by creating friction with neighboring countries. |
今年是中日邦交正?;?0周年。當年中日兩國老一輩領導人高瞻遠矚,發(fā)揮政治智慧,克服重重困難恢復兩國邦交,使中日關系走上了正常發(fā)展的軌道。而今一些日本政客卻逆時代潮流,做著破壞中日關系根基的事,著實令人憤慨。中日關系發(fā)展到今天實屬不易,一個健康穩(wěn)定的中日關系不僅對中國十分重要,對日本也至關重要。我們奉勸日本政府認清形勢,懸崖勒馬,立即停止在釣魚島的一切侵權(quán)行動。中國政府和人民維護領土主權(quán)的意志是堅定不移的,我們有決心、有能力維護國家領土主權(quán)。日本在釣魚島的任何圖謀終將失敗。 (《人民日報》 國紀平) | This year marks the 40th anniversary of the normalization of China-Japan diplomatic relations. Forty years ago, the then leaders of the two countries showed great foresight and political wisdom and overcame many difficulties to resume diplomatic relations between the two countries and put China-Japan relations on the track of normal development. But today some Japanese politicians are going against the trend of the times and damaging the foundations of relations between the two countries, much to the indignation of the people. The current relations between China and Japan have not come about easily. A healthy and stable relationship is not only very important to China, but also vitally important to Japan. We advise the Japanese government to recognize the gravity of the situation, pull back from the precipice, and immediately cease all acts that violate China's territorial sovereignty. The determination of the Chinese government and the Chinese people to defend their territorial sovereignty is firm and unshakable. We have the will and the ability to defend our territorial sovereignty. Any attempt by Japan to covet Diaoyu Islands will end in failure. |