与"宣战"有关的国际法问题研究

On the International Law Concerned with the Problems of "the Declaration of War

抗日战争期间,中日两国政府都曾对"宣战"问题进行过多次研究,但直到太平洋战争爆发前,中日两国政府都选择了"不明确宣战"的策略。为搞清其原委,首先就必须弄清楚与"宣战"有关的国际法问题,即何谓国际法上的战争?怎样才算进入国际法上的战争状态?进入国际法上的战争状态以后,交战双方以及他们与第三国的关系将发生什么样的变化?本文根据日本外务省的原始档案,分析了当时日本国际法学者对这个问题的基本看法,为追究日本战争责任提供了更有利的佐证。

During the War of Resistance Against Japan(1937-1945) the problem of 'declaration of war' had been researched time and again by the two governments in Japan and China. But both of the two governments adopted the tactics so called 'unclear declaration of war'. In order to gain an identified idea of the problem,we ought to understand the international law concerned with the 'declaration of war'.What is the concept of 'war' defined by public International law,After had been 'at war' what kind of relationship between the belligerent parties and the third state or states was, and how to be changed. Trying to answer the problems this thesis analysed the fundamental point of view of Japanese scholars of the international law during the period of that time, referring the first hand information from the archives of the Ministry of Foreign Affairs of Japan. The findings show that the proof of affixed responsibility for the war launched by Japan was found.