The Sino-Japanese Dispute Over the Tiao-yu-tai (Senkaku) Islands and the Law of Territorial Acquisition PDF Download

Author: Tao Cheng
Publisher:
ISBN:
Category : China
Languages : en
Pages : 266

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Author: Surya P. Sharma
Publisher: BRILL
ISBN: 900463519X
Category : Law
Languages : en
Pages : 374

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Book Description
This book analyzes the traditional criteria of territorial acquisition and demonstrates their inadequacies in the modern context. It also addresses contemporary territorial doctrines and conflicts. It regards territorial acquisition as a comprehensive process involving various considerations leading to the establishment or transfer of exclusive control over territory. This approach has many advantages and adds to the development of the law of territorial acquisition. The author also provides an analysis of the claims and counter-claims in major contemporary territorial disputes and suggests appropriate legal perspectives bearing upon decision-making in regard to them. This book will be highly useful to students, academics and practitioners in the field of international law, as well as all governments and institutions dealing with territorial matters.

Author: Unryu Suganuma
Publisher: University of Hawaii Press
ISBN: 9780824824938
Category : Political Science
Languages : en
Pages : 322

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Book Description
In September 1996, members of the right-wing Japan Youth Federation repaired a lighthouse on one of the Diaoyu (J. Senkaku) Islands, a small group of uninhabited islets north of Taiwan in the Liuqiu (J. Ryukyu) chain, known today as Okinawa. For months, outraged ethnic Chinese in Hong Kong and Taiwan protested Japan’s presence in the islands, and violent confrontations between protesters and the Japanese Marine Self-Defense Force resulted. Tension over these incidents has subsided since 1996, but the sovereignty of the islands remains a concern for both China and Japan. The long and complex history of relations between the two countries has made the problem difficult to resolve. This volatile situation has been further complicated by the involvement of other countries, including the U.S. Although the Diaoyu/Senkaku matter may be characterized as a simple territorial dispute between two nations, it exposes complicated geopolitical relations among Japan, China, Taiwan, and the U.S. in the Asia-Pacific region. Sovereign Rights and Territorial Space in Sino-Japanese Relations is an investigation of the highly topical issues involved in the Diaoyu/Senkaku confrontation. It begins by addressing the issue of the historical development of the dispute: To whom do the islands belong? When did China and Japan become involved? Does historical evidence prove who has sovereignty over the islands? How has irredentism (the claim to territory based on one or another historical “right”) become a major state policy in both countries? Other issues center on Chinese views of sovereignty and methods of delimiting territorial boundaries during the Ming and Qing periods, the Chinese concept of hegemony, and the history behind the deep mistrust that permeates Sino-Japanese relations. Finally, the author discloses the interwoven relationship between geography and history in East Asia. Chinese and Japanese geographers have for centuries been engaged in historical analyses of the islands. Their work, which has been used in the development of national security and diplomatic policies, is an important resource and one that this book makes available to Western scholars for the first time. In addition to his careful examination of these and other sources, Suganuma utilizes theoretical writings on geographical irredentism to expose the biases of recent work on the Diaoyu/Senkaku dispute. This volume is the fullest scholarly treatment that the contested issue of the Diaoyu/Senkaku Islands has received to date in any language. It contains much of interest for historians of modern China and Japan as well as for political scientists looking for new insights into international relations and Sino-Japanese interactions. No one who reads it will look at sovereignty in the same way again.

Author: Seokwoo Lee
Publisher: IBRU
ISBN: 1897643500
Category : Jurisdiction, Territorial
Languages : en
Pages : 43

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Author: Junmin Wang
Publisher: American Academic Press
ISBN: 1631815695
Category : Political Science
Languages : en
Pages : 362

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This book mainly demonstrates the sovereignty over the Diaoyu Islands, illustrates the significance, approach and means of peaceful settlement of the Diaoyu Islands dispute, and clarifies China’s principal stand on the Diaoyu Islands issue. According to mode of territorial acquisition, the critical date and the inter-temporal theory in international law, the Diaoyu Islands had been China’s territory rather than terra nullius or a part of Ryukyu before 1895. Therefore, Japan could not acquire the Diaoyu Islands by occupation. Instead, Japan acquired the Diaoyu Islands by cession during the Sino-Japanese War in 1895. In light of the situation and inter-temporal law of the critical date, China resumed her sovereignty over the Diaoyu Islands after WWII. China beyond any doubt enjoys the sovereignty over the Diaoyu Islands. China upholds the principle of peaceful settlement of the Diaoyu Islands dispute and strongly opposes settling the dispute by means of violence. Studies show that the settlement of the Diaoyu Islands dispute can be analyzed and studied in reference to the operational mode of the International Court of Justice, and China and Japan should take the Franco-German reconciliation model to resolve the Diaoyu Islands dispute politically.

Author: Tim F. Liao
Publisher: Routledge
ISBN: 131703855X
Category : Political Science
Languages : en
Pages : 257

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Book Description
Crossing disciplinary boundaries, this volume offers a rare forum for a serious analysis of the territorial dispute over the Diaoyu/Senkaku Islands between China and Japan. To understand the complexity of the dispute and to find peaceful solutions, we must reach beyond the confines of a single discipline and perspective. The volume deconstructs conflicting perspectives on the two sides of the dispute. Territorial disputes often become symbolic expressions of nationalistic rivalries, particularly as political claims for territories escalate and economic competition for resources between countries intensifies. Cutting through the political rhetoric on both sides of the controversy and bringing together a group of eight scholars from the disciplines of history, international relations, law, political science, and sociology, this book analyzes the relevant history, international law, multilateral relations, political agendas, and social and collective memory, to shed light on this difficult dispute. Taken together, the chapters of the book propose short-term, medium-term, and long-term peaceful solutions for going beyond the impasse of the current territorial dispute.

Author: Balazs Szanto
Publisher: Routledge
ISBN: 1351601733
Category : Political Science
Languages : en
Pages : 279

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Book Description
This book examines the Senkaku/Diaoyu Islands dispute from a foreign policy perspective, focusing on three key stakeholders: China, Japan and the United States. The Senkaku/Diaoyu Islands dispute is a prominent territorial dispute between China and Japan. This book critically assesses that dispute in a pragmatic, policy-oriented manner. The central question of the work focuses on the various military (direct invasion, coercion) and non-military (bilateral negotiations, binding and non-binding third-party options and delaying) foreign policy avenues available to China to pursue its key interests over the disputed islands. To compare and contrast these different options, the book employs a qualitative rational-choice framework. This allows for a critical analysis on the merits and demerits of various options and to anticipate China’s potential course of action based on the principle that China is expected to act in a rational manner. This research offers two main contributions. First, it adopts a security-focused approach to complement the economic-focused works on the subject. Second, it critically examines the various foreign policy options as opposed to offering an avenue based on purely theoretical assumptions. While the work concludes that a delaying/status quo approach is rational for all parties involved, it highlights alternative policy avenues that can build on the conclusion of the rational-choice analysis. Through this it seeks to address the possibility of escalation and de-escalation on the East China Sea and highlights the critical role pro-active foreign policy making plays in averting a negative outcome of the dispute. This book will be of much interest to students of Chinese Foreign Policy, Asian Politics, Security Studies and International Relations.

Author: James Manicom
Publisher: Georgetown University Press
ISBN: 1626160368
Category : Political Science
Languages : en
Pages : 279

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Book Description
Sino-Japanese relations have been repeatedly strained by the territorial dispute over a group of small islands, known as the Senkaku islands in Japan and the Diaoyu islands in China. The rich fishing grounds, key shipping lanes, and perhaps especially, potentially rich oil deposits around the islands exacerbate this dispute in a confluence of resource pressures, growing nationalism, and rising military spending in the region. Bridging Troubled Waters reminds us that the tensions over the Senkaku/Diaoyu islands are only a part of a long history of both conflict and cooperation in maritime relations between Japan and China. James Manicom examines the cooperative history between China and Japan at sea and explains the conditions under which two rivals can manage disputes over issues such as territory, often correlated with war. China and Japan appear incapable of putting history behind them, are poised on the brink of a strategic rivalry, and seem at risk of falling into an unintentional war over disputed maritime claims. Bridging Troubled Waters challenges this view by offering a case-by-case analysis of how China and Japan have managed maritime tensions since the dispute erupted in 1970. The author advances an approach that offers a trade-off between the most important stakes in the disputed maritime area with a view to establishing a stable maritime order in the East China Sea. The book will be of interest to policymakers, academics, and regional specialists in Asia, security studies, and international conflict and cooperation.

Author: Tadayoshi Murata
Publisher: World Scientific
ISBN: 9814749125
Category : Political Science
Languages : en
Pages : 351

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Book Description
Most books on the Diaoyu/Senkaku Islands dispute between China and Japan are authored by either Chinese who argue that the islands belong to China or by Japanese who contend that the islands are rightfully Japan's. This book is the first of its kind — by a Japanese who supports China's claim or vice versa.Written by one of the foremost historians on Sino-Japanese relations, Tadayoshi Murata, Professor Emeritus from Japan's Yokohama National University, delves into the Japanese archives and uncovers evidence that shows Japan's ownership of the disputed islands is historically untenable. Given the current impasse surrounding the islands, Professor Murata suggests, as a way out, the two sides jointly manage the disputed territories based on mutual understanding.It is a must-read for those interested in Sino-Japanese relations, especially the history of the disputed islands, and the future of the two countries.

Author: James Chieh Hsiung
Publisher: Cn Times Books Incorporated
ISBN: 9781627740982
Category : China
Languages : en
Pages : 0

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Book Description
The present treatise, his 22nd book, is a rare in-depth analysis of the Sino-Japanese island dispute from the perspectives of both history and the international law of territorial acquisition. The broad approach examines the gestalt of the troubled Sino-Japanese relations going back to the 16th century, so that the reader will be adequately equipped to grapple with the true significance of the present contention over the Diaoyu/Senkaku island. The subject matter the book addresses not only concerns the two Asian giants, but also offers a test for the United States, more especially on how it is going to lead a Pacific-centric 21st century in world politics.