琉球托管的国际法研究——兼论钓鱼岛的主权归属问题

Ryukyu Trusteeship Viewed from International Law ——A Related Analysis of the Sovereignty Problem of Diaoyu Islands

在中日钓鱼岛争端中,琉球托管问题占据着一个特殊的但常常为人忽视的地位。美国"二战"后托管琉球并于20世纪70年代将琉球"返还"日本,并将钓鱼岛非法划入"归还领土"之列,这成为日本对钓鱼岛主权主张的重要一环。本文另辟蹊径,围绕琉球托管问题和钓鱼岛争端的关联,在挖掘中日间琉球交涉及此后美国托管琉球的历史的基础上,结合国际托管制度,论证美国托管琉球及美日私相授受琉球的非法性,为我国反驳日本对钓鱼岛的主权主张提供有力论据。

The trusteeship over Ryukyu Islands is one of the unique legal issues regarding Diaoytt/Senkaku Islands dispute between China and Japan, even though the issue has been ignored for a certain period. The Unit- ed States asserted the trusteeship over Ryukyu Islands after the World War Two and then returned the right of administration to Japan in the 1970s. During the period, Diaoyu Islands were demarcated into the territory of Ryukyu Islands which was based on method the simple Latitude and longitude method employed by No. 27 De- cree of the U.S. - Ryukyu Administration Authority, whereas this arrangement became a critical part of Japan＇s sovereign claim over Diaoyu Islands. This paper begins with the discussion of the negotiation history regarding Ryukyu Kingdom between China and Japan in the 19th century, and the following trusteeship over Ryukyu Islands by the U. S. after the World War Two. Furthermore, after the detailed introduction of the international trusteeship system, this paper offers some personal views on whether the U. S. trusteeship over Ryukyu Islands was consistent with international law or not, so as to probe from another angle for China＇s arguments over Diaoyu Islands.