Op-Ed Contributors

Japan must honor law of sea

By Jin Yongming (China Daily)
Updated: 2010-09-14 08:02
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The 14 Chinese fishermen and their trawler, detained off Ishigaki harbor in Okinawa after a collision with Japan Coast Guard ships on Sept 7, set off for home yesterday morning. But the Japanese authorities are still holding the Chinese captain of the trawler, Zhan Qixiong for allegedly "obstructing public duties." A Japanese court ruled on Friday that Zhan be detained for 10 days until Sept 19.

The collision between the Chinese trawler and two Japan Coast Guard patrol vessels off the Diaoyu Islands in the East China Sea last Tuesday has developed into a diplomatic crisis between China and Japan. China has repeatedly demanded the release of the captain and its crew.

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On Sunday morning, Japan Coast Guards towed the Chinese trawler into the sea near Ishigaki Island in Okinawa prefecture to reenact the collision.

China is firmly opposed to any kind of investigation by Japanese authorities of the illegally-detained Chinese fishing trawler, Foreign Ministry Spokeswoman Jiang Yu said Sunday. In a written statement, Jiang said Japan's so-called evidence-collecting activities are illegal, invalid and conducted in vain, and China demands Japan stop activities that could escalate the situation.

On Sunday, Chinese State Councilor Dai Bingguo told Japanese ambassador to China Uichiro Niwa to make a "wise political resolution" and immediately release the Chinese fishermen and fishing boat.

On Friday, Foreign Minister Yang Jiechi had summoned Niwa and demanded Japan unconditionally release the boat and the crew, saying China's determination to defend its sovereignty over the Diaoyu Islands and the interests of the Chinese people was unswerving.

The Chinese government has sent a fishery law enforcement ship to the area, too, to safeguard Chinese fishermen and their assets.

Japan infringed upon China's sovereignty and territory integrity when Japanese patrol ships chased the Chinese fishing trawler and boarded it forcibly. But the Japanese Coast Guard did not stop at that. It even applied Japanese law in the waters off the Diaoyu Islands, which since ancient times have been Chinese territory. Japan had no right to press charges against the Chinese fishermen according to its domestic laws.

To strengthen its presence around the Diaoyu Islands, the Japanese Coast Guard has been sending patrol ships for some time now and has repeatedly chased Chinese fishing and survey vessels. But such action cannot alter the fact that Diaoyu Islands belong to China. And history vouches for that.

First, the Diaoyu Islands were named first by China. Names such as Diaoyu Island, and Chiweiyu and Huangweiyu islets have appeared in official Chinese documents since the Ming Dynasty (1368-1644). Even when the United States controlled these islands, their names did not change.

Second, the Diaoyu Islands have always been within the maritime defense boundary of China. Books written during the Ming Dynasty such as Chouhaitubian (Collection of Maritime Defense Charts) - edited by Hu Zongxian (1512-1565), then "defense minister" - Wubeizhi (Record of Armed Forces) - edited by military scholar Mao Yuanyi (1594-1640) - and Wubeimishu (Secret Record of Armed Forces) - edited by another scholar Shi Yongjiu in the later part of Ming Dynasty - clearly state that Diaoyu Islands are within China's maritime defense boundary.

FuShengLiuJi (Six Chapters of a Floating Life), a famous book written by Shen Fu during the Qing Dynasty (1644-1911), has records showing the Diaoyu Islands are part of Chinese territory. The book says Qing Emperor Jiaqing (1760-1820) granted a title to the ruler of Ryukyu Kingdom with detailed descriptions, which show the territory of Ryukyu Kingdom started from Gumi Mountain (renamed Kumejima after Japan annexed Ryukyu).

Third, during the Ming and Qing dynasties, every ruler of the Ryukyu Kingdom would accept missionaries from China who granted them titles. The documents clearly say the border separating China and the Ryukyu Kingdom was between Chiweiyu and Kumejima Island. In 1701, Cai Duo, an envoy from Ryukyu Kingdom, presented a book Zhongshanshipu to Qing Emperor Kangxi (1654-1722), which said the kingdom comprised 36 islands, not including Diaoyu Islands.

Last but not less important, Empress Dowager Cixi (1835-1908) issued an order in 1893, gifting the Diaoyu Island, and the Huangweiyu and Chiweiyu islets to an official, Sheng Xuanhuai. The document is still well preserved.

The Japanese cabinet decided to include Diaoyu Islands in its territory exactly on Jan 14, 1895, that is during the Sino-Japanese war (1894-95), claiming them to be terra nullius (land belonging to no one). That step was audacious.

After World War II, according to the Cairo Declaration (1943) and the Potsdam Proclamation (1945), the Chinese government resumed its sovereignty over the Diaoyu Islands. But then the islands were "entrusted" to the US according to the San Francisco Peace Treaty (1951) between Japan and the US, and were "returned" to Japan in 1971. To put it simply, the San Francisco Peace Treaty is illegal, for it deals with the territory of a third party.

How could the US and Japan make a decision on Chinese territory? Besides, the US only granted Japan management over the Diaoyu Islands, not sovereignty.

The dispute has to be settled between China and Japan. But the Japanese government has always refused to sit at negotiations. The dispute over the Diaoyu Islands is one of the most pressing problems between China and Japan. It is impossible for China to ignore it. And only through negotiations and joint development can the two countries settle it amicably.

The Chinese government has taken the right path by sending a fishery law enforcement ship to patrol the waters off the Diaoyu Islands. It is up to the Japanese government to see reason, accept historical facts and prevent the incident from snowballing into a bigger dispute.

China hopes Japan would take the right decision by releasing the captain of the fishing trawler, apologizing for its action and giving fishermen proper compensation. Japan should ensure that such incidents are not repeated, for it is important for Sino-Japanese relations to develop healthily. And it is important that China use diplomatic channels to put pressure on Japan, and send fishing law enforcement ships, if needed, to safeguard Chinese fishermen.

The author is a law scholar with Shanghai Academy of Social Sciences and Chinese Maritime Development Research Center.