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Asia News Network

Publication Date : 31-12-2013

How can Japan untangle the row with China over the Senkaku Islands?

Ever since some of the islands were brought under state ownership last year, some Japanese politicians and intellectuals have asserted support for filing a case with the International Court of Justice in The Hague.

Toru Hashimoto, coleader of Nippon Ishin no Kai (Japan Restoration Party) is one such advocate. Hashimoto, who also is a lawyer, wrote on Twitter, "The most effective method is to use the ICJ. If the Senkaku issue is brought to the ICJ, all we have to do is to defeat China completely. But remember, this fight must be conducted verbally at the court."

Arguments in favour of turning to the ICJ were based on the assumption that Japan's assertions would be endorsed by the court. This approach also has the advantage of demonstrating Japan's policy of attaching great importance to the rule of law to the international community.

But going to the ICJ could be a double-edged sword.

The official government position is that the Senkaku Islands are clearly an inherent part of Japanese territory "in light of historical facts and based on international law". If Japan takes the case to the ICJ, despite the fact Japan wields effective control of the islands and there is no territorial dispute requiring legal resolution, there is a risk that the international community might assume the Japanese government has admitted the "the right of possession of the Senkaku Islands remains undecided".

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ASIA'S TERRITORIAL DISPUTES - JAPAN: Double-edged sword