钓鱼岛争端的解决进路辨析

On the Approaches to Dispute Settlement for Diaoyu Islands

原有钓鱼岛争端的解决进路需要重新考量。我国仅依靠政治、经济博弈,回避法律手段,对自身主张的国际法理由不做出充分的阐述,而注重于对钓鱼岛属于中国的历史渊源和证据的阐述与收集,不足以解决错综复杂的钓鱼岛争端。在钓鱼岛争端上,中日双方政治沟通难有结果、经济制裁两败俱伤、军事行动虚张声势,博弈已经陷入僵局。在日本高调提出以国际法解决争端的背景下,中方仍旧强调历史依据,已经不足以改变争端中的劣势地位。本文认为,诉诸国际法,乃是解决或者缓解争端最为可行的和有效的途径,中国应做好寻求法理支持的准备。

The former approaches to dispute settlement for Diaoyu Islands need to be reconsidered. Duo to its complicity, merely relying on political or economic game and staying clear of legal measures, merely collecting and stating the historic evidences and not stipulating the reasons on international law, is not enough to settle this dispute. Now it is quite necessary to construct certain co - recognition between the disputed parties on interna- tional rule of law. As political negotiations would be fruitless, economic sanctions harm both, military attack cannot be really deployed, now the game between the disputed parties is just stuck. While the Japanese high- lighted that the disputes should be submitted to international law, China can no longer just repeat her historic evidences and make no legal responses. Actually, submitting this dispute to international law is the most practi- cal and effective way currently, and China should be well - prepared to appeal to the legal jurisdiction.