Discuss the status of Diaoyu island from the first principle
Abstract
Diaoyu island has been the territory of China from time immemorial,but from the end of last 60th, Japan put in a claim for Diaoyu island continuously and occupied it by force. From then on , Chinese government and ethnic Chinese person arroud golobe empressed their protest in every varity of form. In the international law,there are many legal way of getting territory , of which is “occupation” ，it means that occupied nation occupy territory in her name, and set executive management in the territory.Occupation need four important document: first, main subject of occupation is country;second,the country must show its subjective mean;third.the object of occupation is impersonally;the last,the objective side is effectively occupy. The purpose of this essay is going to analysis the status of the Diaoyu Islands, which based on the 'occupation' of the international law, then illustrate that the Diaoyu Islands is neither the terra nullius, nor belongs to the objective of 'occupation'. Moreover, according to analyze the actual utilization of the effectively occupy in two countries that including China and Japan, we can find out that the action of Japan attempted to occupy the Diaoyu Islands is groundless and just won't work，China has the absolute sovereignty of the Diaoyu Islands.
Key words: occupation; terra nullius; effectively occupy
