The Chinese People's Liberation Army Y-9 intelligence collecting machine entered the waters of the Men's and Women Islands in Nagasaki Prefecture, Japan at about 11:30 am on August 26.On August 31, the PLA intelligence collecting ship "invaded" the Japanese Linghajia Strait in the southwest of Yongliang Island, Kagoshima Prefecture, Japan.The Chinese bars set up buoyant in June at the southernmost Bird Island of Bird Island, Japan.So far, the activities of China and the coast of Japan in the Tsimoggean (China -called Diaoyu Islands) in the East China Sea have continued. This year, it is particularly frequent.
These behaviors have caused tremendous pressure on Japan, which has further deteriorated Japan's public opinion, and has also become a major obstacle to improving Japan -China relations.However, whether these behaviors violate international law must be discussed one by one.For example, in terms of the above three things, the Y-9 intelligence collecting machine led the air in Japan, which obviously violated international law.Not long ago, the ships of the Japanese Maritime Self -Defense Force sailed in China's territorial sea in the sea at sea in Zhejiang Province. Some observations believed that the Chinese military aircraft's cross -border move was actually aimed at the "technical" traffic incident of "no intention".The Ministry of Foreign Affairs of China just said that China will not violate Japan's airspace.
Regarding other incidents, the cognition of "facts" between Japan and the middle of Japan is also different.The first is about the Tagara Strait.China recognizes that the Chinese Navy's intelligence collecting ships are connected in this sea area, but China believes that it is the International Strait that can be freely sailed. It advocates that ships of various countries have the right to enjoy passage and do not need to notify and obtain permission in advance.The Japanese party advocates that it is not a free navigation of the International Strait. Because it is Japan's territorial sea, it is only allowed to pass harmlessly.However, when foreign warships are harmless to the country, do they need to notify and obtain permits in advance?On this issue, the cognition and position between Japan and the middle are the key.
When foreign warships are harmless to the sea in their country, China requires foreign ships to obtain China permit in advance.License or advance in advance.However, the Japanese government adopts the policy of advising foreign ships as long as it is notified beforehand.According to the above -mentioned different positions, even if it is based on the Japanese position to locate the Tagara Strait, foreign ships can be harmless.Because of this, the Japanese government only expressed concern about the continuous upgrading of the Chinese army in the surrounding waters of Japan, and just refutes the Chinese government that "the Tagara Strait is a free navigation of the International Strait."
Look at the establishment of a buoyant in China in the seas of the Basin of Sikan.This sea area is a sea area that Japan applied to the United Nations Mainland Football Board in 2008.When applying for an application in Japan, China made an objection that it was not an island, but a rock reef.If the rock reef cannot be the starting point of the exclusive economic zone (EEZ), it is opposed to the Japanese side's opinion.The mainland frame boundary committee basically agrees with the application of the Japanese party, allowing the seas of the sea basin to be extended as an extended continental shelf.Therefore, Japan can exercise sovereign rights in the underwater exploration and resource development in this sea area.However, since it is not EEZ but a continental shelf, there is no need to permit the coastal countries in the above -mentioned waters.As a result, the Japanese side cannot protest Chinese behavior.Because of this, the Japanese side "deep regrets" the behavior of setting up the buoyant without clearing the purpose and planning such as the purpose and planning, and asked the Chinese side to explain the original committee.
As mentioned above, some series of behaviors in China are illegal, but according to China's understanding of international law, some also have "legitimacy".However, considering the peace and stability of the East Asia and the Western Pacific Ocean, there is no need to deliberately make a certain move to increase the concerns of neighboring countries.Before taking certain actions, advance and explain in advance to avoid dissatisfaction and upgrading of related countries.
The author is a professor at the University of Tokyo
