JAPAN-CHINA RELATIONS: CURRENT SITUATION REGARDING THE SENKAKU ISLANDS

Here are the facts and legal background information regarding the issue, which will confirm Japan’s sovereignty over the Senkaku Islands.The arguments are objective and not emotional.  Nor are they propaganda.

Basic geographic information on the Senkaku Islands
*The Senkaku Islands are a group of islands in the East China Sea and comprise 5 islands and 3 reefs. They are approximately 5.56 sq km in size. (map attached)
*Their coordinates are North Latitude 25 degrees 44 minutes to 56 minutes, East Longitude 123 degrees 30 minutes to 124 degrees 34 minutes.
*The largest island, Uotsuri, is 410 km west of the mainland island of Okinawa, and 170 km north of the Ishigaki-island.
*The Senkakus are a part of the Nansei-shoto(the Nansei Island group), belonging to Okinawa Prefecture.  They are located 170 km north of Taiwan and 330 km south-east of China. 

First, Japan incorporated the Senkaku Islands in 1895, when the islands were terra nullius (“land belonging to no state”).  The Government conducted numerous surveys through the Okinawa Prefecture and by way of other methods.  Before the incorporation measure was taken, Japan clarified that not only were the islands uninhabited but also that there was no evidence of the Qing Dynasty of China having any control over the islands.  The Government of Japan made a Cabinet Decision on 14 January, 1895 to erect a marker on the islands.  This was consistent with the ways of duly acquiring territorial sovereignty under international law.  Since then, the Senkaku Islands have continuously remained an integral part of the Nansei Shoto, Japan.

Second, the Senkaku Islands were not part of the territory which Japan abandoned under Article II of the San Francisco Peace Treaty.  Instead, the Senkaku Islands were placed under the administration of the United States of America as part of the Nansei Shoto, in accordance with Article III of the said Treaty.   Those islands were returned to Japan, together with the rest of the Nansei Islands, based upon the Agreement between Japan and the United States of America Concerning the Ryukyu Islands and the Daito Islands, which was signed on 17 June, 1971.  In this Agreement, the area which was returned to Japan was clearly indicated with latitude and longitude coordinates, and the Senkaku Islands were included in this area.

Third, China and Taiwan never expressed their opposition to the San Francisco Peace Treaty nor to the Japan-US Agreement on the Return of Okinawa.  It was not until the 1970s, when the United Nations Economic Commission for Asia and the Far East (ECAFE) indicated the possibility of the existence of oil resources in the East China Sea, based upon its survey, that China and Taiwan began to claim their sovereignty over the Senkaku Islands.  This fact itself implies that both China and Taiwan’s claims have no historical or legal basis, and are motivated primarily by their economic ambitions.

Today, China is accusing  Japan of having stolen the Senkaku Islands during the Imperial Era.  However, those islands were never part of Formosa (Taiwan), nor part of the Pescadores Islands, which were ceded to Japan from the Qing Dynasty in accordance with Article 2 of the Treaty of Shimonoseki, which came into effect in May, 1895.  The Senkaku Islands have never constituted part of Japan’s colonial history.  The posture by China to easily attribute Japan’s case to the past war cannot be accepted as it tries to shift the focus from the essence of the issue.

In fact, there is a variety of evidence which proves that, before the 1970s, China and Taiwan also believed that the Senkaku Islands belonged to Japan.  In many maps and documents, which were published in China before 1971, the Senkaku Islands were shown as part of Japan.  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 by the then Consul of the Republic of China in Nagasaki concerning the rescue of Chinese fishermen from Fujian Province in distress  around the Senkaku Islands.

In addition, an article in the People's Daily dated 8 January, 1953, under the title "Battle of people in the Ryukyu Islands against the U.S. occupation," mentioned that the Ryukyu Islands “consist of seven groups of islands including the Senkaku Islands.”
Moreover, "The Republic of China New Atlas" published in China in 1933 and the "World Atlas" published in China in 1958 treated the Senkaku Islands as part of Japan.  In a map published in 1971 by the National Defence Research Centre of China, the Senkaku Islands were treated as part of the Okinawa Islands.
After 1972, however, the same map was modified in a way that the same group of islands are called ‘Uotsuri Island’, and now the Chinese border has been changed to encompass the Senkaku Islands.

Why is tension rising over the Senkaku Islands now?  Recently there have been numerous provocative acts by China, such as Chinese vessels invading Japanese territorial waters surrounding the Senkaku Islands.  These vessels sometimes use force when intercepted in a peaceful and non-violent way by the Japanese authorities, as was the case in September 2010.  Chinese activists are also attempting to illegally land on the islands.  These acts cannot be tolerated.  Yet, the Japanese Government has been responding in a peaceful manner, by sending back the detained vessel and captain as well as the activists to China.  There have also been extensive anti-Japanese demonstrations and violence in various parts of China, which have caused casualties and enormous damage.

China asserts that the reason for these activities stems from the change in ownership of three of the islands of Senkaku from a private Japanese owner to the Japanese Government, based upon a purchase contract.  These three islands, however, had been owned by the Japanese Government until 1932 when a private Japanese citizen acquired them.  Since 2002, the Japanese Government had been renting those three islands (Uotsuri Island, Kitakojima Island, and Minamikojima Island) from the private owner based upon a lease contract in order to ensure peaceful and stable management of the islands.  The intention of the Japanese Government in buying those islands is to continue to ensure the peaceful and stable management of the islands in the long-term perspective, while implementing appropriate maritime navigation safety operations on and around the Senkaku Islands.  It is simply a transfer of the ownership of land in Japan from a private owner to the Government by domestic law and is nothing unusual.  Moreover, the Government has continued to own Taisho Island, which is also part of the Senkaku Islands.  The Japanese Government will continue to maintain the policy of not allowing anyone to set foot on the islands, in principle, except for Japanese government officials.

The Government of Japan has clearly communicated this position to the Chinese Government through diplomatic channels, and will continue to engage in dialogue to avoid any misunderstanding and unexpected incidents.  The Japan-China relationship is one of the most important bilateral relationships for the two countries.   China’s constructive role is essential for the stability and prosperity of the Asia-Pacific region.  Moreover, being the 2nd and 3rd largest economies in the world, China and Japan have a responsibility to safeguard the stability of the world economy.  Japan does not want to see the current issue adversely affect overall Japan-China relations.  Japan will continue to place importance on a mutually beneficial, strategic partnership with China.

Despite this positive stance of Japan to manage the Japan-China relationship properly, we find it highly regrettable that China has overreacted and tolerated anti-Japanese protests, thereby exacerbating the situation since September 10, 2012.  We are deeply concerned about the wide range of violent acts that have taken place in China.  Unlike peaceful demonstrations, those acts resulted in arson, looting and other damage to Japan’s diplomatic establishments, Japanese restaurants, buildings with Japanese tenants, and Japanese-owned factories, department stores and supermarkets. Some Japanese residents have suffered assault as well as harassment.  On the other hand, no similar acts have occurred in Japan against Chinese residents or Chinese-owned companies.

It does not seem that Chinese authorities have handled these violent acts properly,  viewing them as part of the concept that “patriotism is not guilty.”  Regardless of the reasons, it is a shared value and common-interest in the international community that acts of violence cannot be overlooked.  It is highly regrettable that these incidents have occurred.  Japan expects that the international community urges China to exercise self-restraint and calmness and requests it unequivocally to ensure the safety of foreign nationals and companies.  It is imperative not to lose sight of the broader perspective of the Japan-China relations.

China’s baseless claim over the territory is not limited to the Senkaku Islands.  As is well known, China is asserting territorial claims on islands in the South China Sea, which has caused disputes with several countries such as Vietnam and the Philippines.  Japan is in no position to interfere with territorial issues in the South China Sea.  However, the Government of Japan believes that territorial claims must abide by the current International Law and be conducted in a peaceful manner.