本文扼要回顾了中日东海争端的由来及东海共同开发的历史,探讨了共同开发区的确立方式以及共同开发的国际实践,在此基础上,指出了日方坚持的东海共同开发立场既不符合国际法理,也不符合国家实践。尽管中日双方出于政治意愿就东海共同开发达成了原则共识,但是,共同开发区范围的确立仍是制约东海开发进程的核心问题。唯有日本放弃“中间线”立场,东海才能真正成为“和平、合作、友好之海”。
<<This paper,after tracing in brief the origin of China-Japan dispute over some part of the East China Sea and the history of joint development there,discusses the pattern of setting up a joint development zone as well as the international practice in this kind of development,and then points out that the position on the part of Japan regarding the joint development in the disputed area is neither in line with international legal principles nor in accordance with the general practice of the international community. Although China and Japan have reached common understanding with regard to the principles guiding the joint development in the East China Sea,out of political desires of both sides,this author yet deems that the delimitation of the joint development zone is still the key issue governing the process of the joint development in the East China Sea,which can not really become ‘a sea of peace,cooperation and friendliness’ unless Japan relinquishes its position on the ‘central line’.
<<