International Law
I INTRODUCTION
Tension over the Senkaku/Diaoyu Islands’ dispute reached a new high when Japanese Prime Minister revealed plans to purchase the islands from private Japanese owners. The islands are hotly contested between Japan, Taiwan and China. For simplicity sake, this paper will disregard the political uncertainty between Taiwan and China, and consider Taiwan as a Chinese entity. Japan claims that those islands have been under Japanese sovereignty since 1895, when the islands were annexed into Japanese territory after finding them to be terra nullius. China claims to have acquired those islands through discovery and historical use since 1372, but ceded those islands to Japan in 1895 under the Treaty of Shimonoseki until the end of World War II, where it reclaimed possession of those islands. Through analysis of the respective claims under customary international law, this paper finds that Japan has a better claim to the islands.
II COMPETITNG CLAIMS TO SENKAKU/DIAOYU ISLANDS
A Senkaku Islands
Japan’s claim to Senkaku Islands rests on four bases. First, Japan argues that the islands were terra nullius when it acquired them in 1895 through discovery and annexation. Second, Japan dispute China’s claim that it was obligated to return the islands to China after World War II. Japan argues that the islands were not included the San Francisco and Sino-Japanese treaties after World War II, which required Japan to relinquish claims to Taiwan nor the Pescadores Islands. Third, Japan had peacefully and continuously occupied Senkaku Islands for more than a century. Finally, Japan asserts that China had acquiesced to Japan’s occupation of the islands.
B Diaoyu Islands
China’s claim to Diaoyu Islands rests on two approaches. In the first approach, China asserts its immemorial possession of the islands through numerous evidence demonstrating historical discovery and prior use. China’s second approach revolves around refuting Japan’s claims of sovereignty.
Tension over the Senkaku/Diaoyu Islands’ dispute reached a new high when Japanese Prime Minister revealed plans to purchase the islands from private Japanese owners. The islands are hotly contested between Japan, Taiwan and China. For simplicity sake, this paper will disregard the political uncertainty between Taiwan and China, and consider Taiwan as a Chinese entity. Japan claims that those islands have been under Japanese sovereignty since 1895, when the islands were annexed into Japanese territory after finding them to be terra nullius. China claims to have acquired those islands through discovery and historical use since 1372, but ceded those islands to Japan in 1895 under the Treaty of Shimonoseki until the end of World War II, where it reclaimed possession of those islands. Through analysis of the respective claims under customary international law, this paper finds that Japan has a better claim to the islands.
II COMPETITNG CLAIMS TO SENKAKU/DIAOYU ISLANDS
A Senkaku Islands
Japan’s claim to Senkaku Islands rests on four bases. First, Japan argues that the islands were terra nullius when it acquired them in 1895 through discovery and annexation. Second, Japan dispute China’s claim that it was obligated to return the islands to China after World War II. Japan argues that the islands were not included the San Francisco and Sino-Japanese treaties after World War II, which required Japan to relinquish claims to Taiwan nor the Pescadores Islands. Third, Japan had peacefully and continuously occupied Senkaku Islands for more than a century. Finally, Japan asserts that China had acquiesced to Japan’s occupation of the islands.
B Diaoyu Islands
China’s claim to Diaoyu Islands rests on two approaches. In the first approach, China asserts its immemorial possession of the islands through numerous evidence demonstrating historical discovery and prior use. China’s second approach revolves around refuting Japan’s claims of sovereignty.
Bibliography: Tan, Dai, ‘The Diaoyu/Senkaku Dispute: Bridging the Cold Divide’ (2006) 5 Santa Clara Journal of International law 134 Vilisaar, Marika, ‘Sino-Japanese Maritime Jurisdictional Disputes in the East China Sea’ [2009–10] 4 Acta Societatis Martensis 229 B Cases Clipperton Islands(France v Mexico) (1932) 26 American Journal of International Law 390 C Treaties Agreement between Japan and the United States of America Concerning the Ryuku Islands and the Daito Islands, Japan–United States of America, signed 17 June 1971, 23 UST 449 (entered into force 15 May 1972) Treaty of Peace Between the Republic of China and Japan, Republic of China–Japan, signed 28 April 1992, 163 UNTS 38 (entered into force 5 August 1952) Treaty of Peace with Japan, signed 8 September 1951, 136 UNTS 45 (entered into force 28 April 1952) Treaty of Shimonoseki, Japan-China, signed 14 April 1895 (entered into force 8 May 1895) art 2 D Others