从“冲之鸟”问题看中日海权之争

Analyses of the Sea Right Disputes Between Japan and China from the Issue of "Chong Bird"

近几年来,中日海权纠纷不断,海权之争的背后其实是巨大的利益之争。本文将从国际法的角度对于中日之间关于"冲之鸟"的海洋法律地位不同主张进行分析、论证并得出"冲之鸟"不可能是岛屿,而仅是岩礁的结论。与此同时,日本所主张在海洋法中其享有专属经济区的地位自然也难以成立。"冲之鸟"虽小,但具有重要的战略地位。中日海权纠纷如何妥善解决将是两国共同面临的亟待解决的问题。对于中日海权纠纷正确态度只能是通过双方在平等的基础上本着公平的原则对话予以解决。我国在海权争议中必须本着原则和灵活相结合的原则,从符合国家长期战略利益角度出发,冷静地正确对待争议,以寻求合理的解决之策。

In recent years, the sea right disputes between China and Japan are constant,from disputes about sovereign right of Diaoyu Island and energy of East China Sea, then to a controversy with regard to the marine status of 'Chong Bird' as to wether it is an island or rocks or reefs, which nearly link a line. All these are actually enormous interests contend behind the sea right disputes. This text analyzes different views of the marine legal status about 'Chong Bird' between China and Japan in terms of international law.Eventually, it can be proved that 'Chong Bird'is not an island, but only rocks and reefs .At the same time,the legal status of enjoying an Exclusive Economic Zone that Japan advocates doesn't hold water. Though 'Chong Bird' is little, it has a strategic significance. In addition, it is urgent that China develops the marine strategy. Presently, it is a common problem that two countries face as to how to solve the divergence about the sea right . Only in a way of the talk and negotiation on a basis of equal status and fair principle can the sea right disputes between China and Japan be solved properly. This is only a correct attitude towards different views about the marine legal status of 'Chong Bird'. Our country must be in line with the principle and flexibility that combine together during the sea right disputes and from the point of the long strategic benefits of our country adopts a correct and reasonable way as to how to solve such disputes.