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Legal basis of China’s indisputable sovereignty over Diaoyu Islands (2)

(People's Daily Online)

16:31, August 21, 2012

Chinese activists who were illegally detained by Japan are welcomed at Tsim Sha Tsui Ferry Pier after returning to south China's Hong Kong, Aug. 22, 2012. The seven Chinese activists illegally detained by Japan for landing on the Diaoyu Islands returned to Hong Kong on Wednesday afternoon. (Xinhua/Lui Siu Wai)

People’s Daily Online: What is the legal basis of China’s indisputable territorial sovereignty over the Diaoyu Islands? What is the basis of Japan’s claiming of its sovereignty over Diaoyu Islands?

Liang Yunxiang: The dispute over Diaoyu Islands between China and Japan is a dispute of sovereignty. China’s indisputable territorial sovereignty over Diaoyu Islands is based on the pre-empt principle. It is China who first discovered and occupied the Diaoyu Islands but Japan thinks that it found Diaoyu Islands first.

People’s Daily Online: Many Japanese know the fact the China has indisputable territorial sovereignty over Diaoyu Islands. But whether we can get back Diaoyu Islands by means of international law? Whether China will fall into the trap laid by Japan if we solve the Diaoyu Islands Dispute through international law?

Liang Yunxiang: So far as I know, many Japanese claim that the Diaoyu Islands are their territory. There are three ways to solve the territorial dispute: by force, by law or by diplomatic means. China owns the legal basis of its indisputable territorial sovereignty over the Diaoyu Islands. So I believe nothing can change the fact that the Diaoyu Islands belong to China.

People’s Daily Online: On Oct. 18, 1996, People’s Daily published an article citing that the reason why Japan constantly creates disturbances on the Diaoyu Islands Issue was to lay foundation to its future occupation of the Diaoyu Islands according to the acquisitive prescription of international law. What is your comment?

Liang Yunxiang: The purpose of Japan’s constant disturbances on the Diaoyu Islands Issue is to show Japan’s dominance over the Diaoyu Islands, hoping to gain recognition of the international community. As long as China insists in its sovereignty over the Diaoyu Islands and take some action properly, Japan will not obtain the sovereignty over the Diaoyu Islands by acquisitive prescription.

Read the Chinese version: 钓鱼岛主权归属的法理依据

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