目  录

中文摘要····································································································· I

Abstract··································································································· II

一、钓鱼岛主权争端的由来··········································································· 1

（一）钓鱼岛的地理概况和战略地位··············································································· 1

1.1.1钓鱼岛的地理概况

1.1.2钓鱼岛的法律战略地位

（二）钓鱼岛主权争端的发展··························································································· 2

二、中日钓鱼岛主权的法律与依据·································································· 4

（一）日方的法律与依据··································································································· 4

（二）中方的法律与依据··································································································· 5

（三）中日双方法律与依据的国际法分析······································································· 6

三、钓鱼岛主权争端解决的几种路径分析······················································· 10

（一）武力解决方法不可取····························································································· 10

（二）政治解决面临困境································································································· 11

（三）法律解决的可行性································································································· 11

四、中国应作好充分的国际诉讼准备····························································· 13

（一）加强证据的收集和分析························································································· 13

（二）加强对《联合国海洋法公约》的研究································································· 13

（三）加强对相关国际判例的研究················································································· 14

（四）加强对国际法人才的培养····················································································· 14

参考文献··································································································· 15

致  谢······································································································· 17

中文摘要

钓鱼岛问题是中日之间由来已久、悬而未决的领土争议问题。近年来，日本频频主动出击，试图加强对钓鱼岛的控制，使钓鱼岛主权争端问题不断升级和复杂化。在中日互信机制面临困境的新形势下，中国有必要重新分析这个问题，并反思其解决的途径。鉴于此，本文从国际法角度结合历史和现实，分析中日双方钓鱼岛主权之争的法律和依据，探讨解决争端的几种路径的可行性。并针对法律手段解决争端，提出相应的应对策略，以期对解决钓鱼岛问题有所助益。

关键词：钓鱼岛；主权争端；国际法；国际诉讼

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