国际法视角下的琉球地位

The Status of Ryukyu from the Perspective of International Law

本文主要阐明了琉球曾是一个独立的王国,虽然其自明朝洪武五年就与中国建立了藩属关系,成了中国的藩属国并保持了五个世纪,但并未影响它为独立国家的地位。只是因为19世纪末被日本侵占和武力兼并,琉球才沦为殖民地。按照《开罗宣言》、《波斯坦公告》等文件的规定,琉球从日本统治下割离,日本也通过其《投降书》表示接受这一规定。琉球脱离日本后本应交联合国托管,以促使其走上独立自主的道路。但由于美国以它和其他一些盟国与日本缔结的《旧金山和约》的规定占领了琉球,但却未按《联合国宪章》的规定实施托管,而是为自己谋取私利并非法将琉球群岛交给日本。美国在占领琉球期间还非法将我国的钓鱼岛圈入其统治范围,并在与日本私相授受琉球群岛的同时,将该岛交给了日本。美日两国这种私相授受中国领土的行径是公然侵犯中国领土主权的行为,是违反国际法的,中国政府和人民是坚决反对的。

Ryukyu was an independent State, though its had been a feudatory to China since Ming Dynasty for five centuries. However, at the end of 19the century, Ryukyu became a colony because it was seized and occupied by Japan. According to Cairo Declaration and Potsdam Proclamation, Ryukyu should be freed from the governance of Japan, which was accepted by Japan through its Capitulation. After World War II, Ryukyu should be under United Nations＇ trusteeship in accordance with the UN Charter. Nonetheless, the United States occupied Ryukyu by the Treaty of San Francisco concluded with Japan and illegally spread its rule to Diaoyu Islands during its occupation, both of which were later transferred to Japan. The backroom deal between Japan and the United States over Diaoyu Islands was a blatant violation of Chinese territorial sovereignty and international law, and would not be tolerated by the Chinese government and people.