Abstract

The Republic of China and Japan signed the ”Sino-Japanese Peace Treaty” in April 28, 1952. When this treaty became effective in August 5, 1952, both sides also ended the state of war. According to this treaty, the Republic of China (ROC) and Japan should negotiate quickly agreements on matters such as commercial affairs, navigation and aviation. Because the issue of the fishery right was a controversial problem between the ROC and Japan, both sides hoped to solve this controversial issue by the Sino-Japanese Peace Treaty. Thus, the article 9 indicated ”The Republic of China and Japan will endeavor to conclude, as soon as possible, an agreement providing for the regulation or limitation of fishing and the conservation and development of fisheries on the high seas.” Both sides wanted to sign the agreement of fishery based on the Sino-Japanese Peace Treaty.After signing the Sino-Japanese Peace Treaty, the ROC and Japan were expected to consume and preserve the sea resource together in accordance with the agreement of fishery, thus solving the Sino-Japanese dispute over fishery since 1920s. The ROC and Japan attempted to negotiate the issue of fishery between August 1 and 8 in 1952, but there was a wide gap between their standpoints. All the ROC hoped was to sign the agreement of fishery with Japan and to take advantage of this occasion to learn Japanese fishery technology. The Japanese government, however, intended to legitimate the use of the fishing ground around the Chinese coast lest the Japanese fishing boats were seized by the ROC, the People's Republic of China (PRC) and the USSR anymore. There was a small scale cooperation of mackerel pole and line between the ROC and Japan, but both sides stood on the different standpoints, causing the agreement of fishery between the ROC and Japan breakdown. Japan then contacted the PRC.Because Yoshida Shigeru held the diplomatic principle that-politics and economics should be separated and the PRC hoped to extend her foreign relation, Japan and the PRC signed the agreement of fishery in 1955. By this agreement, Japan obtained the right of fishing around Chinese coast, and the PRC also extended her foreign relations, they could say each shining more brilliantly in the other's company. Because of the accident concerning the PRC national flag in Japan in 1958, Japan and the PRC fall foul of each other. Meanwhile, the ROC began the negotiations with Japan once again, but their differing standpoints made the negotiation break down again. In 1963, under Ikeda Hayato's economic diplomacy the relation between Japan and the PRC improved. Both sides signed the second agreement of fishery at the end of the year, this agreement was valid until Japan and PRC established the diplomatic relation in 1972. Even when the ROC and Japan still had diplomatic relation, they failed to reach an agreement on the fishery right, which symbolized their sovereign rights to them, not to mention after Japan and the PRC established the diplomatic relations in 1972. Given that Japan no longer recognized the ROC, the negotiations on the agreement of fishery between the two countries finally closed its door.

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