琉球的领土地位与自决权

Territorial Status and Self-Determination of the Ryukyu Islands

自决权是一项国际法基本原则和重要的集体人权,虽然颇具争议性和敏感性,但有一点在传统层面上却是存在共识的,那就是殖民地、托管领土与非自治领土的人民享有自决权。学理上,这种自决权也被称为"殖民主义自决权""古典自决权"或“传统自决权”。琉球地位问题肇始于1879年的“琉球处分”,二战以后琉球的领土地位获得了重新处分的契机,却先后因1951年的《旧金山和约》和1971年的《关于琉球与大东群岛的协定》而被搁置。于是琉球被先后置于美国和日本的管理之下。琉球作为潜在的托管领土,其人民享有无可争议的传统自决权。琉球人民要求琉球独立或并入邻国都不涉及分离主义、分裂主义等争议事项。

The right to self-determination is a fundamental principle enshrined by international law as well as an equally important collective human right. What this principle exactly stands for and entails has always been controversial and sensitive. However, despite potential controversy, there has been consensus in a traditional sense that people living in colonial, trust and non-self-governing territories arc entitled to the right to self-determination. In the doctrines of law, the right to self-determination is also referred to as the “colonial self-determination”,“traditional self-determination”or “classical self-determination”. The status of the Ryukyu Islands has been a contentious issue since 1879, when the ^Disposition of Ryukyu” was implemented. In the aftermath of World War II,there was an opportunity to deal with the issue on the Ryukyu Islands. As the U.S. won over Japan, the 1951 Treaty of Peace with Japan and 1971 Agreement between the United States of America and Japan Concerning the Ryukyu Islands and the Daito Islands established the basis for the aforementioned States to successively share the control of both. The Ryukyu Islands, qualifying as a trust territory, enable its inhabitants to claim the right to self-determination. So that, if the people from the Ryukyu Islands demand independence from their administering States or incorporation into a neighboring State, this demand would not count as an act of as separatism or splittism.