CNN missing the point on Senkakus?

CNN publishes an article on the disputes over Senkaku Islands - "Dangerous Rocks: Can both sides back off peacefully? http://www.cnn.com/2012/09/20/opinion/china-japan-dispute-kingston/index.html, and the conclusion reads as follows:

“To move forward Beijing and Tokyo should … move towards confidence building measures that sidestep the issue of sovereignty”.

By making this conclusion, the reporter seems to be missing the critical point of the matter: China is bluffing to take over a piece of land to which it has no rights, for its own benefits. This is a national sovereignty issue.

China’s claim over Senkakus has no legal ground. International Law sets out rules on defining borders, and a state can have the sovereignty over the land by: 1) Attachment: artificial or natural creation of the land, e.g. through eruption of a submarine volcano, 2) Prescription: possessing the land, with an intention of possession, for a reasonable period of time continuously and openly, 3) Cession: agreement between the states to transfer part of the sovereignty over the land, or 4) Preoccupation: occupying the land first, provided that the land is no man’s land and the claiming state practically occupies it with an intention of occupation. 

In 1895, the Government of Japan confirmed that the Senkaku Islands were no man’s land, and incorporated the Islands in Japan’s territory through the Cabinet decision (“Preoccupation”).

On the other hand, the claim by the Government of China is not based on any of the rules laid out in the International Law. China insists that the islands are Chinese based on ancient documents from hundreds of years ago that have vague content and can be interpreted in various ways.

Moreover, People’s Daily, Chinese Communist Party’s official paper, published an article on January 8, 1953, that indicated the Senkakus as part of the Ryukyu (present Okinawa). The Chinese Communist Party cannot make a claim that contradicts this article - the principle of Estoppel bars a party from denying or alleging a fact that contradicts the party’s previous conduct, allegation or denial.

China has no prospect of winning if the issue of the Senkakus is brought to the International Court of Justice which judges based on the International Law.

Governor Ishihara has taken a commendable initiative in his decision to save the Senkakus while the Government of Japan has been lukewarm and rather irresponsible on the matter for way too long. The issue, if mismanaged, would have grave consequences on China-Japan relationships, which should be avoided. In this modern era, however, the rule of law must be respected. What’s right needs to be loudly voiced. Japan should not remain quiet as it always has been, and China should rise as a true leader with integrity.