How to solve the issue of the Senkaku Islands: Japan's indisputable territorial right

Japan Press Weekly

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How to solve the issue of the Senkaku Islands: Japan's indisputable territorial right

Protests in China are continuing over this month’s collision of a Chinese fishing vessel with two Japan Coast Guard patrol ships near the Senkaku Islands in Okinawa Prefecture and the arrest of the trawler’s captain. The Japanese Communist Party issued a statement in 1972 making clear that the Senkakus are Japan’s territory. Based on this statement, this article explores the way to solve the problem.

Based on history and international law, the islands clearly belong to Japan

Although the existence of the Senkaku Islands (called Diaoyu Islands in Chinese) was long recognized in Japan and China, neither country ever established settlements there. Since they were included as part of Japanese territory in January 1895, the Senkakus have belonged to Japan.

In 1884, Koga Tatsushiro, a Japanese man, explored the islands for the first time in Japan’s history and applied to the Japanese government in the following year for a lease on the islands. Following a number of field studies conducted by the Okinawa prefectural government, the Japanese government in a cabinet meeting on January 14, 1895 decided to incorporate the islands into its territory. Historically, this is the first act of possession of the Senkakus and since then Japan’s effective rule over the islands has continued.

The possession of unowned land is what international law approves as possession and effective rule based on the rights of “occupation,” and for 75 years till 1970, no objection from foreign powers had ever been officially made to the right Japan has over the islands. Japan’s possession of the Senkakus is justifiable in accordance with international law on the grounds that it fulfills the requirements of the “occupation,” which is based on “continuous and peaceful display of sovereignty.”

China began to claim sovereignty over the Senkakus only after the 1970s

Both China and Taiwan started to claim sovereignty over the Senkakus since the 1970s, only after the U.N. Economic Commission for Asia and the Far East issued a report in 1969 indicating the possibility of large oil and gas reserves on the seabed around the islands. Taiwan began to claim that they belong to it in the 1970s, and the Chinese government claimed sovereignty through its foreign ministry statement issued on December 30, 1971.

In the Chinese historical documents, there is no record indicating that Chinese people have ever inhabited the Senkakus. The only description of the islands can be found in the documents of the Ming and Qing Dynasty, showing that the islands were known as a navigation point for ships travelling from China to Ryukyu. It was not until 1992 that China described them as part of its territory in its Territorial Waters Act. Until then, maps published in China put the islands outside Chinese territorial waters.

Insist internationally on the legitimacy of Japan’s claim and promote talks to prevent future incidents

The JCP on March 31, 1972 issued a statement, “The Senkaku Islands?Japanese Territory” and expressed its position that the Senkakus are clearly Japan’s territory (Akahata March 31, 1972 / Important International Issues, Japanese Communist Party Vol.7). Based on studies on historical developments and international law, it concluded that the islands and their surrounding area are part of Japan’s territory and territorial waters.

Even with historical documents made available after the publication of the statement, no finding which makes it necessary for the JCP to revise this view has been introduced. Under international law, a country can exclusively exercise its sovereignty within its territorial waters. Therefore, it is a matter of course for the Japan Coast Guard to crack down on illegal operations of foreign ships.

At the same time, the U.N. Charter and Convention on the Law of the Sea set as their important principles that international disputes shall be settled “by peaceful means in such a manner that international peace and security, and justice, are not endangered”(U.N. Charter). Based on this spirit, Japan first should intensify its diplomatic efforts to show internationally that its claim of sovereignty over the Senkakus has a legal basis in accordance with international law in territorial waters.

Second, negotiations are needed to prevent similar incidents from reoccurring.

In order to not increase tensions it is also important for the Chinese side to respond to the issue in a restrained manner based on facts.

-Akahata, September 20, 2010