How Could Japan "Buy" China-Owned Diaoyu Islands?

By Guo Jiping

The Japanese government announced on September 10 the "purchase" of Diaoyu Island and its affiliated Nanxiao Island and Beixiao Island and the implementation of the so-called "nationalization" of the islands. This constituted a gross violation of China's sovereignty over its own territory. The Chinese Government and people expressed firm opposition to and strong protest against the Japanese move.

I. The Diaoyu Islands Are China's Inherent Territory

1. The Diaoyu Islands were first discovered, named and exploited by China

Diaoyu Island and its affiliated islands, which consist of Diaoyu Island, Huangwei Islet, Chiwei Islet, Nanxiao Island, Beixiao Island and other islands and islets, have been China's inherent territory since ancient times. In the book Voyage With a Tail Wind, published in 1403 (the first year of the reign of Emperor Yongle of the Ming Dynasty (1368-1644)), there were clear records about China's Diaoyu Islet and Chikan Islet, now known as the Diaoyu Island and Chiwei Islet, along the sea route from Fujian to Ryukyu.

The imperial courts of the Ming Dynasty and the Qing Dynasty (1644-1911) sent envoys to Ryukyu 24 times to confer titles on the Ryukyu king. The large number of documents written by these envoys detailed the topography of Diaoyu Island, while confirming the border between China and Ryukyu lay east of Chiwei Islet. Records of the Imperial Title-conferring Envoys to Ryukyu written in 1534 (the 13th year of the reign of Emperor Jiajing of the Ming Dynasty) by Chen Kan, an imperial title-conferring envoy from the Ming court, was the earliest Chinese official document on the marine border between China and Ryukyu still available today. It stated, "The ship has passed Diaoyu Island, Huangmao Islet, Chiyu Islet... Then Gumi Mountain comes into sight; that is where the land of Ryukyu begins. Ryukyu residents dance to the beat of drums on the ship, filled with the joy of homecoming." This means Ryukyu residents believe they arrive at Ryukyu after sailing past Chiyu Islet (now known as Chiwei Islet) and see Gumi Mountain (Kumejima Island today), evidence that Diaoyu Island is a territory of China, not Ryukyu.

In 1719 (the 58th year of the reign of Emperor Kangxi of the Qing Dynasty), Xu Baoguang, a deputy title-conferring envoy to Ryukyu in the Qing Dynasty, clearly recorded in his book Records of Messages from Chong-shan that the Yaeyama Islands were the southwestern-most part of Ryukyu. As one traveled from Fujian to Ryukyu, one would pass Huaping Islet, Pengjia Islet, Diaoyu Island, Huangwei Islet and Chiwei Islet before reaching the Naba (Naha) port of Ryukyu via Gumi Mountain and Machi Island, the book said. Gumi Mountain was the main island on the southwestern maritime border of Ryukyu. Cheng Shunze (also known as Tei Junsoku), a noted scholar in Ryukyu, made the same descriptions in his book, A General Guide, which was published earlier than Records of Messages from Chong-shan. All this shows China and Ryukyu had a clear-cut common understanding of the delineation of their maritime border and the ownership of related islands at that time.

2. The Diaoyu Islands have long been under China's jurisdiction

In the early years of the Ming Dynasty in the 14th century, Chinese coastal defense generals Zhang He and Wu Zhen used to command maritime patrols off China's southeast coast. When repelling Japanese pirates, they would pursue them to the Ryukyu Ocean, or the Ryukyu Trench. By that time, China had placed the Diaoyu Islands under its coastal defense as an outpost against Japanese pirates.

In 1561 (the 40th year of the reign of Emperor Jiajing of the Ming Dynasty), An Illustrated Compendium on Maritime Security compiled by geologist Zheng Ruozeng and Hu Zongxian, the supreme commander of the southeast coastal defense of the Ming court, included the Diaoyu Islands on the Map of Coastal Mountains and Sands and incorporated them into the jurisdiction of the coastal defense of the Ming court. The Complete Map of Unified Maritime Territory for Coastal Defense, drawn up by Xu Bida and others in 1605 (the 33rd year of the reign of Emperor Wanli of the Ming Dynasty) and the Map of Fujian's Coastal Mountains and Sands in Coastal Defense II of the book Treatise on Military Preparations, drawn up by Mao Yuanyi in 1621 (the first year of the reign of Emperor Tianqi of the Ming Dynasty), also included the Diaoyu Islands as part of China's maritime territory. The Qing court incorporated the Diaoyu Islands into the scope of China's coastal defense as the Ming court did.

The Ming court sent Zheng Shungong on a study tour to Japan in 1556 (the 35th year of the reign of Emperor Jiajing of the Ming Dynasty), after which he wrote a book titled An Introduction of Japan. Zheng marked Diaoyu Island as Diaoyu Islet on the Map of Oceans in his book and wrote, "Diaoyu Islet is a small islet of Xiaodong." Xiaodong was another name of Taiwan. This shows China recognized Diaoyu Island as an island geographically affiliated to Taiwan at that time. Official documents of the Qing court, such as A Tour of Duty in the Taiwan Strait and Annals of Taiwan Prefecture, all gave detailed accounts about China's administration over the Diaoyu Islands. Recompiled General Annals of Fujian, a book compiled in 1871, placed the Diaoyu Islands under the jurisdiction of Gamalan (known as Yilan County today), Taiwan.

3. Chinese and foreign maps show the Diaoyu Islands belong to China

Diaoyu Island, Huangwei Islet and Chiwei Islet were marked in the Roadmap to Ryukyu in Records of the Imperial Title-conferring Envoys to Ryukyu written by imperial title-conferring envoy Xiao Chongye in 1579 (the seventh year of the reign of Emperor Wanli of the Ming Dynasty), the Atlas of the Qing Dynasty published in 1863 (the second year of the reign of Emperor Tongzhi of the Qing Dynasty) and other maps.

The book Illustrated Outline of the Three Countries, written by Hayashi Shihei, a scholar from Sendai, Japan, in 1785 was the earliest Japanese literature to mention the Diaoyu Islands. The Map of the Three Provinces and 36 Islands of Ryukyu in the book put the Diaoyu Islands as being apart from the 36 islands of Ryukyu and colored them the same as the mainland of China, indicating that the Diaoyu Islands were part of China's territory. The Diaoyu Islands were not included in Japanese maps including the Atlas of Japan drawn in 1876 by the General Staff Office of the Japanese Army, the Map of Ryukyu Islands in New Annals of Ryukyu published in Japan in 1873, the Map of Japanese Prefectures and Counties published in 1875 and maps of Okinawa in Annals of Okinawa published in 1877.

Commissioned by the Qing court, French Jesuit Michel Benoist, who came to China in 1744, drew the Complete Map of the World in 1767. This map marked the Diaoyu Islands off the coast of China with their name in the Minnan dialect. A New Map of China from the Latest Authorities published in Britain in 1811 marked the Diaoyu Islands as part of China's territory. A Map of China's East Coast: Hong Kong to Gulf of Liao-Tung compiled by the British Navy in 1877 showed Diaoyu Island as an island affiliated to Taiwan, distinctly separated from Japan's Nansei Islands. The map was later widely used in international exchanges.

In conclusion, China discovered the Diaoyu Islands and began to exercise jurisdiction over the islands in the early 15th century at the latest, a fact that was accepted by the international community, including Japan. This shows the Diaoyu Islands were not "terra nullius" and Japan's arguments that it had acquired sovereignty over them based on the "occupation" principle are a blatant historical lie not worth refuting.

II. Japan's Grab of Diaoyu Island Is Illegal and Invalid

1. Japan's claim of Diaoyu Island since the late 19th century

Japan seized Ryukyu in 1879 and soon after that, Japan began to act covertly to invade and occupy Diaoyu Island. In 1884, a Japanese man named Tatsushiro Koga said that he first landed on Diaoyu Island and found the island to be uninhabited. From September to November in 1885, the Japanese government sent people to conduct secret fact-finding missions three times, finding that these uninhabited islands were, in fact, the same Diaoyu Tai, Huangwei Islet and Chiwe Islet that were recorded in the Records of Messages from Chong-shan (Zhong Shan Chuan Xin Lu) and known well to imperial title-conferring envoys of the Qing court on their voyages to Ryukyu.

From 1885 to 1893, Okinawa Prefecture appealed to the Japanese government three times to place Diaoyu Island, Huangwei Islet and Chiwei Islet under the jurisdiction of Okinawa Prefecture and set up sovereignty markers. The above-mentioned plots by Japan triggered China's alert. On September 6, 1885 (the 28th day of the 7th month in the 11th year of the reign of Emperor Guangxu of the Qing Dynasty), the Chinese newspaper Shen-pao (Shanghai News) reported: "Recently, Japanese flags have been seen on the islands northeast to Taiwan, revealing Japan's intention to occupy these islands." But the Japanese government did not dare to take any further action for fear of reaction from China. The Japanese Foreign Minister Inoue Kaoru replied in a letter to Yamagata Aritomo, Minister of Internal Affairs: "At present, any open moves such as placing sovereignty markers are bound to alert the Qing imperial court. Therefore, it is advisable not to go beyond field surveys and detailed reports on the shapes of the bays, land and other resources for future development. In the meantime, we will wait for a better time to engage in such activities as putting up sovereignty markers and embarking on development on the islands." As a result, the Japanese government did not approve of the request of Okinawa Prefecture to set up sovereignty markers. These facts are clearly recorded on Japanese Diplomatic Documents. This proves that although the Japanese government had started to covet Diaoyu Island, it clearly understood that these islands belonged to China. However, in fear of reaction from China, Japan did not dare to take actions arbitrarily.

2. Japan grabbed Diaoyu Island from China through China-Japan War in 1894

Japan waged the Sino-Japanese War in July 1894. Towards the end of November 1894, Japanese forces seized the Chinese port of Lushun (then known as Port Arthur), virtually securing defeat of the Qing government. Against this backdrop, the Japanese Minister of Internal Affairs Yasushi Nomura wrote to Foreign Minister Mutsu Munemitsu on December 27 that the "circumstances have now changed," and called for a decision by the cabinet on the issue of setting up sovereignty markers in Huangwei Islet and Diaoyu Island and incorporating the islands into Japan's territory. Mutsu Munemitsu expressed his support for the proposal in his reply to Yasushi Nomura on January 11. The Japanese cabinet secretly passed a resolution on January 14 to "place" Diaoyu Island under the jurisdiction of Okinawa Prefecture.

As a matter of fact, the then-Japanese government did not set up any national markers on either Diaoyu Island or any other islands and islets. Neither were islands like Diaoyu Island recorded on Mikado's imperial orders on the geographic scope of Okinawa. On April 17 of the year, China was forced to sign an unequal Treaty of Shimonoseki and to cede to Japan the island of Formosa (Taiwan), together with Diaoyu Island and all other islands appertaining or belonging to the island of Formosa. Until 1945, when Japan was forced to surrender after being defeated in the Second World War, Japan imposed colonial rule on Taiwan, including Diaoyu Island, for 50 years.

3. Diaoyu Island returned to China after World War II

In December 1943, the Cairo Declaration issued by China, the United States and UK stated in explicit terms that "all the territories Japan has stolen from the Chinese, such as Manchuria, Formosa [Taiwan] and the Pescadores shall be restored to the Republic of China. Japan will also be expelled from all other territories which she has taken by violence and greed." In July 1945, China, the United States and UK (joined by Soviet Union in August) issued the Potsdam Proclamation that stated in Article 8: "The terms of the Cairo Declaration shall be carried out and Japanese sovereignty shall be limited to the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor islands as we determine." On August 15, 1945, the Japanese government announced its acceptance of the Potsdam Proclamation and unconditional surrender. On September 2, the Japanese government pledged in Article 1 and Article 6 of Japanese Instrument of Surrender to faithfully fulfill the obligations enshrined in the provisions of the Potsdam Proclamation. In this sense, as an attached island to Taiwan, Diaoyu Island was returned to China together with Taiwan.

4. Backroom deals between the United States and Japan concerning Diaoyu Island are illegal and invalid

On September 8, 1951, the United States and a number of other countries signed the Treaty of Peace with Japan (commonly known as the Treaty of San Francisco), with China being excluded from it. The treaty placed the Nansei Islands south of the 29th parallel of North Latitude under United Nations' trusteeship, with the United States as the sole administering authority. On September 18, 1951, Zhou Enlai, who was then the Foreign Minister of China, on behalf of the Chinese Government, made a strong statement that as China is excluded from the preparation, formulation and signing of the San Francisco Peace Treaty, the Chinese Government sees it as illegal and invalid, and thus will by no means admit it. Besides, it should be pointed out that the Nansei Islands placed under the administration of the United States in the Treaty of Peace with Japan did not include Diaoyu Island. The United States Civil Administration of the Ryukyu Islands issued Civil Administration Ordinance No. 68 (Provisions of the Government of the Ryukyu Islands) on February 29, 1952, and Civil Administration Proclamation No. 27 (defining the "geographical boundary lines of the Ryukyu Islands") on December 25, 1953, arbitrarily expanding its jurisdiction to include China's Diaoyu Island. However, there were no legal grounds whatsoever for the U.S. act.

On June 17, 1971, Japan and the United States signed the Agreement Concerning the Ryukyu Islands and the Daito Islands (Okinawa Reversion Agreement), which provided that any and all powers of administration over the Ryukyu Islands and Diaoyu Island would be "returned" to Japan. The Chinese people, including overseas Chinese, all condemned such a backroom deal. The Chinese Ministry of Foreign Affairs issued a solemn statement, strongly condemning the governments of the United States and Japan to include China's Diaoyu Island into the territories to be returned to Japan, pointing out "this is an open violation of China's territorial sovereignty. By no means will the Chinese people bear it!"

In response to the strong opposition of the Chinese Government and people, the United States had to publicly clarify its position on the sovereignty over Diaoyu Island: "The United States believes that a return of administrative rights over those islands to Japan, from which the rights were received, can in no way prejudice any underlying claims. The United States cannot add to the legal rights Japan possessed before it transferred administration of the islands to us, nor can the United States, by giving back what it received, diminish the rights of other claimants. The United States has made no claim to Diaoyu Island and considers that any conflicting claims to the islands are a matter for resolution by the parties concerned." In November 1971, when presenting the Okinawa Reversion Agreement to the U.S. Senate for ratification, the U.S. Department of State stressed that the United States took a neutral position with regard to the competing Japanese and Chinese claims to the islands, despite the return of administrative rights over the islands to Japan. Even recently, the U.S. Department of State again reiterated that "the U.S. holds a long-term policy, which remains unchanged. We hold an impartial attitude towards the sovereignty problem of Diaoyu Island. We hope that both sides will solve this problem in a peaceful way."

Facts prove that both Japan's grab of Diaoyu Island at the end of the 19th century, and the backroom deal on Diaoyu Island between the U.S. and Japan in the 1970s, are serious violations of China's territorial integrity and are thus illegal and invalid. The fact that Diaoyu Island belongs to China is unlikely to change and will not change.

III. China Has, Over the Past Years, Taken Resolute Measures to Safeguard its Sovereignty over Diaoyu Island

As China and Japan were normalizing relations in 1972 and concluding the Sino-Japanese Treaty of Peace and Friendship in 1978, the then leaders of the two countries, acting in the larger interest of China-Japan relations, reached important understanding and consensus on "leaving the issue of Diaoyu Island to be resolved later." However, since the late 1970s, the Japanese government has again and again offended the consensus, allowing right-wing activists to step on Diaoyu Island and set up "beacons." In recent years, more and more official connections are found in Japan's tortuous actions on Diaoyu Island. The Japanese government first "hired" Diaoyu Island, as well as Nanxiao Island and Beixiao Island, from "civilian owners," and then "nationalized" the "beacons" set up by the right-wing activists on Diaoyu Island. The Japanese government announced the "purchase" of Diaoyu Island and its affiliated Nanxiao Island and Beixiao Island and the implementation of the so-called "nationalization." It has also got some Japanese's residence registered in Diaoyu Island. Besides, Japan submitted to UN Secretary-General a chart that marks Diaoyu Island as Japan's territorial waters.

In response to Japan's illegal violation of China's sovereignty over Diaoyu Island, the Chinese Government has taken active and forceful measures. In terms of diplomacy, the Chinese Government has made solemn representations to the Japanese government and adopted strong countermeasures. The Japanese government was forced to make a clear expression to "not support, encourage or admit" the right-wing activists' actions on Diaoyu Island and promised to control these activists, forbidding them from landing on the island. In a legal aspect, the Chinese side has adopted a series of measures to reiterate its sovereignty over Diaoyu Island. In February 1992, China adopted the Law of the People's Republic of China on the Territorial Sea and the Contiguous Zone, which unequivocally prescribes that Diaoyu Island belongs to China. In May 15, 2008, the Chinese Government delivered a formal note to UN Secretary-General to oppose the Japanese side's submission of the chart that marks Diaoyu Island as its territorial waters. China announced the standard names of Diaoyu Island and some of its affiliated islands and islets on March 3, 2012. On September 10, 2012, the Chinese Government issued a statement announcing the baselines of the territorial sea of Diaoyu Island and its affiliated islands and islets. Meanwhile, China's marine surveillance vessels have been carrying out law enforcement patrol missions in the waters of Diaoyu Island, and fishery administration law enforcement vessels have been conducting regular law enforcement patrols and fishery protection missions to uphold normal fishing order in the waters of Diaoyu Island. The above-mentioned measures have dealt a heavy blow to Japan's plots to occupy Diaoyu Island.

IV. Japan's Plots to Take Diaoyu Island Are Doomed to Failure

Since the beginning of 2012, the Japanese government has repeatedly stirred up trouble on the issue of Diaoyu Island. After the farce of "naming" several affiliated islets of Diaoyu Island early this year, it allowed the right-wing activists to launch the campaign of "buying Diaoyu Island," finally the Japanese government jumped to the front stage, announcing the "purchase" of Diaoyu Island and its affiliated Nanxiao Island and Beixiao Island and the implementation of the so-called "nationalization."

By doing so, the Japanese government means to, through the so-called "nationalization," strengthen its "actual control" over Diaoyu Island and finally realize its occupation of Diaoyu Island. No matter how the Japanese government wants to clarify and cover up the things, it can't cover the fact that it is "selling" things that belong to others. Anyone of the basic common sense will know this is a ridiculous and illegal practice, which is doomed to fail.

It is because of Japan's lack in correct understanding and profound self-examination on its militarism invasion that leads to Japan's wrongdoings on the Diaoyu Island issue. In essence, Japan's attempted occupation of Diaoyu Island constitutes a challenge to the post-war international order established by such legal documents as the Cairo Declaration and the Potsdam Proclamation and also a denial and challenge to the outcomes of the World Anti-Fascist War. From Japan's sovereignty disputes with China and its surrounding countries, we can't see Japan has any intention to express its sincere regret for its invasion wars and colonial rule. Instead, it reveals its intention to get back its face lost in the war and make up for its "losses" because of its defeat in the war by making frictions with its neighbors.

This year marks the 40th anniversary of the normalization of the Sino-Japanese relationship. In the 1970s, the then leaders of China and Japan, with a far-sighted view and full political wisdom, managed to restore the normalization of the two countries' diplomatic relationship by overcoming all kinds of difficulties, leading Sino-Japanese relations to the normal road of development. Today, some Japanese politicians are going against the trend of the time by damaging the ground of the Sino-Japanese relationship. It is provocative. It was not easy for the Sino-Japanese relationship to reach its present stage. A healthy and stable Sino-Japanese relationship is not only very important to China, but is also crucial to Japan. We advise the Japanese government to have a clear view of the current situation, stop immediately its dangerous behaviors and any actions on Diaoyu Island that infringe on China's sovereignty. The Chinese Government and the Chinese people have the unswerving will to safeguard the country's territorial sovereignty. We have the determination and ability to safeguard national territorial sovereignty. Any plots of Japan on Diaoyu Island are doomed to fail.


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