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我國對釣魚臺列嶼領土主權論據之評析
Journal article

我國對釣魚臺列嶼領土主權論據之評析

建得 范 and 永彬 田
東海大學法學研究, (36), pp.1-71
01/04/2012

Abstract

釣魚臺列嶼;領土;主權;先占;歷史性權原;Diaoyutai Islands;Territory;Sovereignty;Occupation;Historical title

The research of Diaoyutai's sovereignty from the stands of the historical and international law has a lot. Lately, the related discussion from Diaoyutai's sovereignty to delimitation, because Taiwan scholars try to solve delimitation problem instead of complex sovereignty problem who seek to reach a joint development agreement. However, the delimitation is distinct from sovereignty. If Taiwan of Japan could raise a more convincing historical evidence, the region of delimitation will be affected. Therefore, Taiwan need to strengthen its sovereignty argument. On the one hand, Taiwan need to strengthen its historical studies. On the other hand, Taiwan could try to reach a joint development agreement with China, so that Taiwan could indirectly give some pressure to Japan, pushing Japan to accelerate negotiation. In the end, Taiwan, China and Japan could all reach a joint development agreement.

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