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(★)(This Open Access book carefully examines the legal and historical bases of the territory of Japan as a modern State from the Meiji period to 2002. A new preface summarizes key developments in the situation up through 2022.／ Japan´s current territory is stipulated by the Potsdam Declaration (1945) and the Treaty of Peace with Japan (1951) ; it includes the Northern Territories, the Senkaku Islands, and Takeshima. Japan has demanded the return of the Northern Territories, comprising the islands of Etorofu, Kunashiri, Shikotan and Habomai, which are occupied by Russia. China has claimed sovereignty over the Senkaku Islands, which are validly controlled by Japan ; Japan has claimed sovereignty over Takeshima, which is occupied by the Republic of Korea.／ This book analyzes the current status of these territorial topics, drawing on historical documents and international legal precedent, and it suggests peaceful methods to address them. In discussing territorial land, sea, and air space, this work touches upon postwar concepts defining modern international law and relevant rules on these subjects --exclusive economic zones (EEZs), continental shelves, and air defense identification zones (ADIZs)-- found in international treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), and related domestic laws.／ ◆Kentaro Serita is Professor Emeritus of Kobe University, Japan.／ ▼CONTENTS／ ●1.DEVELOPMENT OF JAPAN´S TERRITORY／ 1.Delimitation and Expansion of Peripheral Territories／Delimitation of Peripheral Territories in the Late Edo and Meiji Periods／The Northern Territories, the Kurile Islands, and Sakhalin／The Ogasawara (Bonin) Islands and Okinawa／The Senkaku Islands and Takeshima 2.Territorial Expansion During the First Sino-Japanese War, the Russo-Japanese War, and World War I／The Cession of Taiwan and the Liaodong Peninsula／The Cession of Sakhalin and the Annexation of the Korean Peninsula／Leases, Settlements, and Special Interests in China, Acquisition of the South Pacific Mandate, and the Creation of Manchukuo 3.The End of World War II and Territorial Issues／Acceptance of the Potsdam Declaration／Drafting the Treaty of Peace with Japan 4.The Current State of Japan´s Territory／Renunciation of Japan´s Expanded Territory : Korea, Taiwan, the Kurile Islands, Sakhalin, and the South Pacific Mandate／Renunciation of the Kurile Islands and the Issue of the Northern Territories／Reversion of the Administrative Rights from the US : Amami, Ogasawara (Bonin), and Okinawa／Clashes with Other Countries´ Sovereignty : Takeshima and the Senkaku Islands／The Antarctic and Japan／ ●2.THE NORTHERN TERRITORIES (KUNASHIRI ISLAND, ETOROFU ISLAND, THE HABOMAI ISLANDS, AND SHIKOTAN ISLAND) 1.Background of the Issue／Speech by the USSR Representative to the Peace Conference／Khrushchev´s Peaceful Coexistence Policy 2.The Era of the New Japan-US Security Treaty and the USSR´s Claim That ´Territorial Issues Have Already Been Settled´／Khrushchev Document／Tanaka-Brezhnev Meetings 3.Improvements in Soviet-Japanese and Russia-Japan Relations／New Thinking Diplomacy Under Gorbachev : Japan´s Expanding Equilibrium Policy／Collapse of the Soviet Union, and President Yeltsin´s Law and Justice : Japan´s Multilayered Approach 4.New Developments in Japan-Russia Relations／Tokyo Declaration and Krasnoyarsk Agreement/Kawana Proposal／President Putin and the Irkutsk Statement 5.Background of Japan-Russia Negotiations and Measures for Achieving a Solution／Developments in Japan-Russia Negotiations and Their Significance in the Contemporary Context／Steps to be Taken for a Resolution／ ●3.THE SENKAKU ISLANDS 1.China´s Claim Prompted by Potential Oil Reserves 2.Examination of China´s Argument and Its Basis／Analysis of the Arguments that the Senkaku Islands Appertain to Taiwan／Detailed Examinations of Each of China´s Arguments 3.Examination of Japan´s Argument 4.Approaches to a Final Settlement／ ●4.TAKESHIMA 1.The Republic of Korea´s Declaration Concerning Maritime Sovereignty : The Origin of the Dispute 2.Examining the ROK Side´s Arguments and Their Basis／Examining the Argument that Takeshima Has Been Korean Territory since Long Ago／Examining the Argument that Japan´s 1905 Territorial Incorporation of Takeshima Is Invalid／Examining the Argument that in Addition to the Cairo Declaration, a Series of Postwar Measures Confirm Takeshima to be Korean Territory 3.Examining the Japanese Side´s Arguments 4.Approaches to the Takeshima Issue until a Final Decision is Reached／ ●5.TERRITORIAL SEA AND EXCLUSIVE ECONOMIC ZONE 1.Classification of the Sea : Territorial Sea, High Seas, and Exclusive Economic Zone／Territorial Sea／High Seas : International Waters 2.Expansion of the Territorial Sea Breadth from 3 to 12 Nautical Miles 4.The 200 Nautical Mile Fishery Zone and 1977 Fishery Zone Temporary Measures Act／The International Nature of the Delimitation of Maritime Areas／Trends in the Law of the Sea Leading Up to the Emergence of a 200 Nautical Mile Fishery Zone／1977 Act on Temporary Measures Concerning Fishery Waters／Need for Review from the Perspective of Securing and Distributing Protein Resources of the World 4.EEZ Enclosing Marine Resources／United Nations Conferences on the Law of the Sea／EEZ as a System Derived from Fishery Zones 5.Japan-ROK Agreement on the Continental Shelf and EEZ 6.Military Use and Scientific Research in EEZs／Military Use／Scientific Research 7.1996 Exclusive Economic Zone and Continental Shelf Act／Enactment, Revision, and Abolition of Domestic Legislation／Pursuant to Japan´s Ratification of UNCLOS／Adoption of the Straight Baseline Method for the Territorial Sea／Incidents Involving Foreign Fishing Vessels Operating in New Territorial Seas／Treatment of the Seabed Zone in the Act on the Exclusive Economic Zone and Continental Shelf／Principle of Delimitation in the Act on the Exclusive Economic Zone and Continental Shelf／Changing Relevance of the ´Median Line´ Claim／ ●6.EXCLUSIVE ECONOMIC ZONES BETWEEN JAPAN AND THE REPUBLIC OF KOREA, AND JAPAN AND CHINA 1.Main Causes of Difficulties with Demarcation of Boundaries／2.Gap Between the Claims of Japan and the ROK／3.Gap Between the Claims of Japan and China 4.New Fisheries Agreements Between Japan and China, and Japan and the ROK, and the Establishment of PMZs／Regulations Leading up to the New Fisheries Agreements／Provisional Measures Under the New Fisheries Agreements／ ●7.A PROPOSAL FOR STABILITY AND COEXISTENCE IN EAST ASIA 1.Acknowledging the Issues : Looking Squarely at the Causes of Instability／Establishing the Senkaku Islands and Takeshima Nature Reserves 2.Establishing an International Regime for Preserving the Resources and the Environment in the Sea of Japan, Yellow Sea, and East China Sea : Establishing a Joint Fishing Zone by Japan, China, the ROK, and Taiwan／ ●8.TERRITORIAL AIR SPACE AND AIR DEFENSE IDENTIFICATION ZONES 1.Territorial Air Space and Outer Space 2.Freedom of Flight for Civil Aircraft 3.Air Defense Identification Zones／ ●EPILOGUE) |
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