《开罗宣言》与钓鱼岛问题

时光荏苒,对二战反法西斯斗争全面胜利功不可没的《开罗宣言》至今已签署71周年。然而,就是这样一个应值得后人尊重遵守的条约,其效力却无端地遭到一些居心叵测的质疑。根据1969年《维也纳条约法公约》,《开罗宣言》的名称和形式符合一个合法有效条约的要求。而且之后的《波茨坦公告》和《日本无条件投降书》与《开罗宣言》密切相连,使该宣言的效力范围及于中美英三个签署国之外的日本。《开罗宣言》明确了日本应将在甲午战争之后所窃取的中国领土钓鱼岛归还中国。自古以来,钓鱼岛便是中国固有领土。中国最早发现、命名、利用和管控了钓鱼岛。《开罗宣言》是中国处理中日钓鱼岛争端一个重要的国际法依据。

Cairo declaration" and Diaoyu Islands

With the time flying, the Cairo Declaration which contributed to the comprehensive victory of the anti-fascist struggle of the Second World War has been signed for seventy years. However, the effectiveness of the Cairo Declaration, which is a treaty worthy of respect and observation of future generations, is doubted sinisterly. According to the 1969 Vienna Convention on the Law of Treaties, the name and the form of the Cairo Declaration are in conformity with the requirements of a valid treaty. What＇s more, the later Potsdam Proclamation and Japan＇s Unconditional Surrender are closely connected with the Cairo Declaration, which make the effective scope of the declaration include Japan, which is outside of China, U.S.A. and U.K. the three signatories. The Cairo Declaration has made it clear that Japan should return the Chinese territory Diaoyu Islands to China, which was stolen by Japan af- ter the Sino-Japanese War. The Diaoyu Islands are Chi- na＇s inherent territory since ancient times. It is Chi- na that found, named, utilized and managed the Diaoyu Islands firstly. The Cairo Declaration is an important international law basis for China dealing with the Diaoyu Islands dispute between China and Japan.