中国钓鱼岛岂容他人肆意“买卖”(全文)
Diaoyu Islands cannot be bought

 
Comment(s)打印 E-mail China.org.cn 2012-09-14
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(四)美国与日本对钓鱼岛进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,美国及一些国家在排除中国的情况下,与日本缔结了《旧金山和约》,规定北纬29度以南的西南诸岛等交由联合国托管,而以美国作为唯一的施政当局。同年9月18日,周恩来外长代表中国政府郑重声明,《旧金山和约》由于没有中华人民共和国参加准备、拟制和签订,中国政府认为是非法的、无效的,因而是绝对不能承认的。而且,该和约所确定的交由美国托管的西南诸岛并不包括钓鱼岛。1953年12月25日,琉球列岛美国民政府发布《琉球列岛的地理界限》(第27号布告),擅自扩大美国的托管范围,将中国领土钓鱼岛裹挟其中。美国的这一做法没有任何法律依据。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,美国与日本签署了《关于琉球诸岛及大东诸岛的协定》(又称“归还冲绳协定”),将琉球诸岛和钓鱼岛的“施政权”“归还”日本。对此,中国政府和人民以及海外华侨华人表示了强烈反对。中国外交部发表严正声明,强烈谴责美、日两国政府公然把中国领土钓鱼岛划入“归还区域”,指出“这是对中国领土主权的明目张胆的侵犯。中国人民绝对不能容忍!”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."
对此,美国政府不得不作出澄清,公开表示:“把原从日本取得的对这些岛屿的施政权归还给日本,毫不损害有关主权的主张。美国既不能给日本增加在它们将这些岛屿施政权移交给我们之前所拥有的法律权利,也不能因为归还给日本施政权而削弱其他要求者的权利。……对此等岛屿的任何争议的要求均为当事者所应彼此解决的事项。”同年美国参议院批准“归还冲绳协定”时,美国国务院发表声明称,尽管美国将该群岛的施政权交还日本,在中日双方对群岛对抗性的领土主张中,美国将采取中立立场,不偏向于争端中的任何一方。直到近年,美国国务院仍一再重申:“美国的政策是长期的,从未改变。美国在钓鱼岛最终主权归属问题上没有立场。我们期待各方通过和平方式解决这个问题。”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."
事实说明,无论是19世纪末日本窃取中国领土钓鱼岛,还是20世纪70年代美日对钓鱼岛进行私相授受,都严重侵犯了中国的领土主权,都是非法的、无效的,不可能也没有改变钓鱼岛属于中国的事实。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、中国为维护钓鱼岛主权对日本开展了坚决斗争3. China has taken a strong stance to safeguard its sovereignty over Diaoyu Islands.
1972年中日邦交正常化和1978年缔结和平友好条约谈判过程中,两国老一辈领导人着眼大局,就“钓鱼岛问题放一放,留待以后解决”达成了重要谅解和共识。然而,上世纪70年代末以来,日本政府一再违反共识,多次纵容日本右翼分子登岛、修建“灯塔”。近年来,日本在钓鱼岛的侵权行动日益凸显官方色彩,政府先后从“民间所有者”手中“租用”钓鱼岛及南小岛、北小岛,将右翼分子修建的“灯塔”收归“国有”,把国民户籍“登记”在钓鱼岛,并向联合国秘书长交存标有钓鱼岛“领海”的海图。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.
针对日方侵权行径,中方进行了坚决、有力的斗争。外交上,中国政府对日本政府提出严正交涉,并采取有力的反制措施。日本政府被迫明确表态“不支持、不鼓励、不承认”右翼分子在钓鱼岛的行为,承诺对其进行管束,禁止其登岛。法律上,中方采取一系列措施,重申对钓鱼岛的主权。1992年2月,中国颁布《中华人民共和国领海及毗连区法》,以立法形式重申钓鱼岛为中国领土。2008年5月15日,中国政府针对日方向联合国交存包含钓鱼岛“领海”的海图,向联合国秘书长提交了反对照会。2012年3月3日,中国公布了钓鱼岛及其部分附属岛屿的标准名称。2012年9月10日,中国政府发表声明,公布了钓鱼岛及其附属岛屿的领海基线。同时,中国渔政船只在钓鱼岛海域进行常态化执法巡航,中国海监船只也在该海域开展维权巡航,行使中国对钓鱼岛及其附近海域的管辖。上述一系列措施有力打击了日本侵占钓鱼岛的图谋。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、日本觊觎钓鱼岛的任何图谋终将失败4. Any Japanese attempt to covet Diaoyu Islands is doomed to failure.
今年以来,日本政府在钓鱼岛问题上动作频频。继今年初对钓鱼岛的几个附属岛屿搞“命名”闹剧之后,又姑息纵容右翼势力掀起“购岛”风波,并最终跳到前台,直接出面“购买”钓鱼岛及附属的南小岛和北小岛,对之实行所谓“国有化”。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.
日本政府此举目的在于通过所谓“国有化”,强化其对钓鱼岛的所谓“实际管辖”,以最终实现对钓鱼岛的侵占。无论日本政府如何辩解和粉饰,都掩盖不了这一行径的实质是在拿别人的东西进行“买卖”。稍有常识的人都知道,这种行为是荒唐的,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.
日本在钓鱼岛问题上的错误行径,根子在于日本一些势力对军国主义侵略罪责缺乏正确认识和深刻反省,实质是对《开罗宣言》和《波茨坦公告》等国际法律文件所确定的战后对日安排和亚太地区秩序的蔑视和翻案,是对世界反法西斯战争胜利成果的否定和挑战。从日本处理与包括中国在内的周边邻国的领土主权争端中,丝毫看不出日本对过去的侵略战争和殖民统治有真诚的悔意,反而暴露其想通过制造与邻国的摩擦,找回因侵略战争的失败而蒙受的“损失”和颜面的用心。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.

今年是中日邦交正常化40周年。当年中日两国老一辈领导人高瞻远瞩,发挥政治智慧,克服重重困难恢复两国邦交,使中日关系走上了正常发展的轨道。而今一些日本政客却逆时代潮流,做着破坏中日关系根基的事,着实令人愤慨。中日关系发展到今天实属不易,一个健康稳定的中日关系不仅对中国十分重要,对日本也至关重要。我们奉劝日本政府认清形势,悬崖勒马,立即停止在钓鱼岛的一切侵权行动。中国政府和人民维护领土主权的意志是坚定不移的,我们有决心、有能力维护国家领土主权。日本在钓鱼岛的任何图谋终将失败。

(《人民日报》 国纪平)

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.


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