On the Diaoyu Islands and arms sales to Taiwan legal analysis American defense budget bill

1, conclusion:They on the Diaoyu Islands and to the related content of weapons the Taiwan is just a statement, does not have the legal effect.In addition the wording is very personal, use acknowledge. USA regardless of local forces or the Jewish forces, in fact, are expected to have a threat Chinese chips, but the chip will have enough space (can't say a thing happen immediately trigger legal provisions can only be hard on), so the fuzzy things happened. The whole America local forces is expected, a low intensity of small-scale confrontation, then he intervened, so the China Japan Korea Free Trade Area: Jewish forces, and the expectations of the China Japan Korea free trade area, so don't expect a military conflict in the Diaoyu islands. This is the background of their.

2, analysis:

America recently approved by the house and Senate Budget "Department of defense authorization bill" refers to the terms of the Diaoyu islands:

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SEC. 1286 SENSE OF CONGRESS ON THE SITUATION IN THE SENKAKU ISLANDS

It is the sense of Congress that-

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(3) while the United States takes no position on the ultimate sovereignty of the Senkaku Islands, the United States acknowledges the administration of Japan over the Senkaku Islands;

(4) the unilateral action of a third party will not affect the United States' acknowledgment of the administration of Japan over the Senkaku Islands;

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(7) the United States reaffirms its commitment to the Government of Japan under Article V of the Treaty of Mutual Cooperation and Security that '' [e]ach Party recognizes that an armed attack against either Party in the territories under the administration of Japan would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional provisions and processes' '

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Translation is:

"Article1286Section Congress position on the Senkaku Islands

This is the congressional opinion --

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(3Although the ultimate sovereignty) in the United States of America takes no position on the Senkaku Islands, the United States of America to Japan for the administration of the Senkaku islands.

(4Third party) unilateral action will not affect the United States of America know about Japan the Senkaku Islands administrative management.

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(7The United States of America) reiterated the Japanese government on "of mutual cooperation and security treaty" the fifth chapter of the guarantee, namely, 'both sides acknowledged that, on the regional administrative management in Japan on either side of the attack would be viewed as a threat to peace and security forces, and the statement in accordance with the provisions of the Constitution and the process of self, to take action to deal with a common threat'.

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When America Congress, want to "information", "opinion", they will be through a "point of view (Sense of"The resolution). The Senate or house to express their point of view, is taken through the "simple resolutions (Simple Resolution) "form, both common view, adopt a" joint resolution (Concurrent ResolutionTwo) "form, without the president's signature, also does not have the force of law. "Point of view (Sense of"The resolution of conventional act) can also be written into the house or the Senate, which is above the1286Festival on the Diaoyu Islands stand wording,"Sense of Congress". Even if the view ("Sense of") resolution in conventional act, also does not have the force of law, is only expressed congressional opinion.

   So are summarized as follows: they on the Diaoyu Island and to the related content of weapons the Taiwan is just a statement, does not have the legal effect.