Deconstructing Japan』s Claim of Sovereignty over the Diaoyu/Senkaku
Islands
釣魚/尖閣に対する日本の統治権を脫構築する
Ivy Lee and Fang Ming
「The near universal conviction in Japan with which the islands today are
declared an 』integral part of Japan』s territory『 is remarkable for its
disingenuousness. These are islands unknown in Japan till the late 19th century
(when they were identified from British naval references), not declared Japanese
till 1895, not named till 1900, and that name not revealed publicly until 1950."
Gavan McCormack (2011)1
Abstract
In this recent flare-up of the island dispute after Japan 「purchased」 three
of the Diaoyu/Senkaku Islands, Japan reiterates its position that 「the Senkaku
Islands are an inherent part of the territory of Japan, in light of historical
facts and based upon international law.」 This article evaluates Japan』s claims
as expressed in the 「Basic View on the Sovereignty over the Senkaku Islands」
published on the website of the Ministry of Foreign Affairs, Japan. These
claims are: the Senkaku/Diaoyu island group was terra nullius which
Japan occupied by Cabinet Decision in 1895; China did not, per China』s
contention, cede the islands in the Shimonoseki Treaty; Japan was not required
to renounce them as war booty by the San Francisco Peace Treaty; and accordingly
Japan』s sovereignty over these islands is affirmed under said Treaty. Yet a
careful dissection of Japan』s claims shows them to have dubious legal standing.
Pertinent cases of adjudicated international territorial disputes are examined
next to determine whether Japan』s claims have stronger support from case law.
Although the International Court of Justice has shown effective control to be
determinative in a number of its rulings, a close scrutiny of Japan』s effective
possession/control reveals it to have little resemblance to the effective
possession/control in other adjudicated cases. As international law on
territorial disputes, in theory and in practice, does not provide a sound basis
for its claim of sovereignty over the Diaoyu/Senkaku Islands, Japan will
hopefully set aside its putative legal rights and, for the sake of peace and
security in the region, start working with China toward a negotiated and
mutually acceptable settlement.
To read the rest of the article, visithttp://japanfocus.org/site/view/3877