Senkaku Islands - an inherent part of Japanese territory

| Friday November 16, 2012 00:00

These Senkaku Islands are an inherent part of the territory of Japan, in light of historical facts and based upon international law, and are under the valid control of the Government of Japan.These Senkaku Islands have lately been under the spotlight, with the Government of China claiming possession of the islands.  Regrettably, anti-Japanese protests have occurred in numerous regions in China, resulting in stones and other hazardous objects being thrown at Japanese diplomatic establishments, acts of violence targeting Japanese nationals, as well as arson, destruction and looting of Japanese-affiliated companies.  Disappointingly, in the essay of the Government of China published in the 26 October edition of Mmegi, there was no mention of these grave acts of violence committed against the Japanese or any intentions to rectify the situation, which could be considered tantamount to condoning these acts.  Under no circumstances should acts of violence be condoned, and differing opinions should be expressed in a calm and peaceful manner.

It is interesting to note, however, that it was only from the 1970s, that the Government of China began to claim these islands as forming part of their territorial integrity.  In 1968, the United Nations Economic Commission for Asia and the Far East (ECAFE) conducted an academic survey, which indicated the possibility of the existence of petroleum resources in the East China Sea.  It was almost directly afterwards, in 1971, that the authorities of the Government of China first began to make assertions about the territorial sovereignty of the Senkaku Islands.

The Government of China claims that the Senkaku Islands have historically been China's inherent territory, and has often sited historical documents, but in reality there exist historical documents issued or published by China herself which disprove such claims. 

For example, there is a description of 'the Senkaku Islands, Yaeyama District, Okinawa Prefecture, Empire of Japan' in a letter of appreciation dated May 1920, sent from the then consul of the Republic of China in Nagasaki to the Government of Japan.  Furthermore, there are at least two atlases, published in China, dating 1933 and 1958 respectively, which treat the Senkaku Islands as part of Japan.

Regarding how Japan came to have valid control over the Senkaku Islands, the Government of China asserts that Japan forced the Qing government of China to cede the Senkaku Islands according to the Treaty of Shimonoseki in May 1895, following the Sino-Japanese war.  In reality, a decade preceding this, in 1885, the Government of Japan began to conduct thorough surveys of the Senkaku Islands, for example through the agencies of Okinawa Prefecture of Japan. 

Through these surveys, it was confirmed that the Senkaku Islands had not only been uninhabited, but also showed no trace whatsoever of having been under the control of China.  Based on this confirmation, the Government of Japan made a Cabinet Decision on 14 January 1895 to erect a marker on the Islands to formally incorporate the Senkaku Islands into the territory of Japan.  Historical records still exist of this Cabinet Decision, and the Treaty of Shimonoseki came only after this Cabinet Decision.

The Government of China claims that the Senkaku Islands were returned to China in accordance with the 'Cairo Declaration' and the 'Potsdam Declaration,' and that Japan is challenging the results of World War II, but this does not hold water, as the San Francisco Peace Treaty, which legally defined Japan's territory after World War II and other relevant treaties, all treated the Senkaku Islands as part of the territory which had already belonged to Japan.  Japan renounced territorial sovereignty over Formosa (Taiwan) and the Pescadores ceded by China after the Sino-Japanese War, in accordance with Article 2 (b) of the San Francisco Peace Treaty.

For those readers less familiar with post-WWII East Asian history, following its defeat in 1945, Japan was placed under occupation by the Allied Forces, mainly the United States.  With the San Francisco Peace Treaty, Japan regained independence, but there were some exceptions, for example a part of the Nansei Shoto Islands, which remained under control of the US.  Since the United States actually exercised administrative rights over the Senkaku Islands as part of the Nansei Shoto Islands in accordance with Article 3 of the Treaty, it is clear that the Senkaku Islands were not included in 'Formosa and the Pescadores' returned to China.  In 1972, these administrative rights were reverted to Japan in 1972 in accordance with the Japan-US Agreement concerning the Ryuku Islands and the Daito Islands.

Property rights of three of the Senkaku Islands (namely, Uotsuri Island, Kitakojima Island, and Minamikojima Island) were recently transferred to the Government of Japan in September 2012.  These three islands were previously held by the Government of Japan until 1932, when a private Japanese citizen acquired them from the Government.  Thus, this was simply a transfer of property rights within Japan's territory under a legitimate procedure within Japan's domestic legal framework, and thus should not raise any issues with other countries or regions.  Moreover, the Government of Japan has consistently retained ownership of Taisho Island, also forming part of the Senkaku Islands.  The intent by the Government of Japan in acquiring the three islands is to continue to ensure their peaceful and stable maintenance and management over the long term, while implementing appropriate maritime navigation safety operations around the Senkaku Islands.

Before closing, it must be noted that the Japan-China relationship is highly valued as one of the most important bilateral relationships to Japan.  China's constructive role is essential for the stability and prosperity of the Asia Pacific region.  Japan does not wish to see this issue adversely affect overall Japan-China relations. 

Japan aims to further deepen the mutually beneficial relationship based on common strategic interests with China, and to advance cooperation on regional stability.  Japan will strengthen cooperation towards making the East China Sea a 'sea of peace, cooperation and friendship' by promoting mutual understanding and trust between the maritime authorities of the two countries through previously arranged bilateral frameworks. (The Government Of Japan)