Key Concepts

Territorial issues always stimulate strong sentiments of nationalism in all the parties concerned. However, what is needed most is to have a calm and reasoned debate over these issues. Clashing nationalisms will be detrimental to any attempt to solve the problems.

From such a perspective, it is important to distinguish between conflicts and disputes: A conflict is a de facto situation of differences between states while a dispute, particularly a legal dispute, is a de jure notion based on the relevant substantive and procedural rules of international law. What should be avoided is exacerbating a conflict by coercive measures. It is necessary to make every effort to transform a conflict into a dispute, which is particularly the responsibility for a country seeking to change a status quo. What is important is to control those disputes through peaceful settlement, preferably through judicial settlement by the International Court of Justice (ICJ).

Another key concept which is important in territorial disputes is a critical date which the Court normally determines in settling territorial disputes. The Court will admit only relevant facts established prior to the critical date as evidence and no evidence is admissible with regard to the facts occurring after that date. It is therefore meaningless to try to build up whatever facts and actions after the critical date. This is one of the important merits of the judicial settlement of disputes for reducing tension between the parties.

Japans Position

Japans position on the Senkaku Islands is clear. Japan took measures to incorporate the islands in January 1895 after having carefully surveyed and determined that the islands had been terra nullius (no mans land). Ever since, the Senkaku Islands have been under the Japanese administration except for 27 years between 1945 and 1972 when the islands as part of Okinawa were under the US administration but returned to Japan along with Okinawa in 1972. Thus, the islands have been under the effective and peaceful administration of Japan for more than a century. It is clear that the Senkaku Islands are an inherent part of Japan, as evidenced by both historical facts and international law, and therefore there is no dispute about the sovereign title of the islands.

See the article here:

Japan Chair Platform: The Senkaku Islands and International Law