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The International Relations Journal San Francisco State University 3 3 volume 33 / spring 2014 THE INTERNATIONAL RELATIONS JOURNAL JOURNAL RELATIONS THE INTERNATIONAL THE INTERNATIONAL RELATIONS JOURNAL SAN FRANCISCO STATE UNIVERSITY Sino-Japanese Legal Standoff in the East China Sea » Carlo Barlaan Rule of Law or Rule by Law? / SAN FRANCISCO STATE UNIVERSITY VOLUME 33 SPRING 2014 SPRING 33 VOLUME UNIVERSITY STATE FRANCISCO SAN / » Ka Cho Odyssey’s Dawn » Seth Roach Modernization and Indigenous Peoples » Lucia Obregon Matzer The Adverse Effects of the Exclusion of Women in Development »Devin Hiller The Far-East Also Rises »Topher Devine A YEARLY PUBLICATION OF THE INTERNATIONAL RELATIONS DEPARTMENT COLLEGE OF LIBERAL & CREATIVE ARTS toc | 2 3 | 1ir Contents Journal Staff 3 Journal Staff Spring 2014 4 Editorial Policy 6 Acknowledgements Managers Editors 9 Sino-Japanese LEgal Standoff in the east china sea: An Examination of Which Country Has the Stronger Claim Mohamed Abunie Editors in the Territorial Dispute over the Senkaku/Diaoyu Islands » by Carlo Barlaan Haleigh Anderson Teresa Cattarin 29 Rule of Law or Law by Rule: A Brief Analysis of China’s Legal System Laura Devine Frances Daniella Delgadillo » by Ka Chio Christina Gaul 46 Odyssey’s Dawn: Libya, the Arab Spring and the future of the Middle East and North Africa Writers Harmony Rose King » by Seth Roach Carlo Barlaan Wesley Moar 66 Modernization and Indigenous people Culture, Discourse, and Development Ka Chio Rigo Lujano » by Lucia Obregon Topher Devine Matt Pursley 90 The Adverse Effects of the Exclusion of Women in Develop- ment Devin Hiller Clarisa Sanchez » by Devin Hiller Lucia Obregon Maribel Valenzuela 108 The far-east also rises: Sino-NATO Security Gains and the New Bipolarity Seth Roach » byTopher Devine International Relations Journal / San Francisco State University | 4 5 | International Relations Journal / San Francisco State University The structured peer review is as follows: [1] a submission is first edited by an undergraduate or graduate “peer expert” who has conducted prior research on topics and/or regions rel- Editorial Policy evant to the paper and can thus provide fact checking and citation suggestions; [2] second round editing focuses on clarity and academic tone by pairing the manuscript with an editor unfamiliar with the paper’s subject; [3] finally, the paper is edited for proper citation formatting and technical aspects. Overview At the end of the semester, authors participating in this process are expected to submit a The International Relations Journal at San Francisco State University strives to final manuscript for consideration by the Journal’s executive editors and the faculty advisor. exhibit the diverse range of undergraduate and graduate research interests that flourish in our department. Publication of Articles Each semester, the Journal is offered as a course in which students participate as writers Only submissions that have gone through the peer review process and meet the content or editors in a peer review process, or as administrative staff members who assist authors and formatting requirements, will be considered for publication. The Journal is published and editors as well as guide the Journal through its production. yearly. The goal of the course is to expose students to the peer review process, focusing on aca- For Submissions and Back Issues: demic standards of argumentation and factual accuracy, citation formatting, and collabor- http://internationalrelations.sfsu.edu/international-relations-journal ative editing using Microsoft Word’s “track changes” feature. More broadly, the Journal’s executive editors aim to help students develop writing/editing skills applicable in other For all other inquiries: courses and promote a deeper understanding of the discipline of international relations Department of International Relations as a whole. 1600 Holloway Avenue / HSS Room 336 San Francisco, California 94132 Submissions & Process phone: 415.338.2654 / fax: 415.338.2880 The Journal encourages all students pursuing a B.A. or M.A. in International Relations to submit completed works (incomplete papers and abstracts are not accepted) at the beginning of each semester. From these submissions the Journal’s executive editors assign students to positions on the writing and editorial boards as well as a number of adminis- Statements and opinions expressed in The International trative-level appointments. Relations Journal are solely the responsibility of the authors and The course curriculum includes a number of informational workshops and at least three do not necessarily reflect the views of the Executive Editors, rounds of structured editing and revision. All editing is anonymous and each submission is reviewed by three different editors. the Editorial Board, the Faculty Advisor, or the Department of International Relations at San Francisco State University. | 6 6 | | PB Acknowledgements The staff of the International Relations Journal is grateful for the continued fund- ing allocated by the Instructionally Related Activities Committee and the Department of International Relations at San Francisco State University for the production of this journal. The production of this journal is a group effort and the managing editors would like to especially thank all the members of the editorial board and the contributing Writers. The editorial board members edited the articles contained in this issue and both the editors and Writers patiently endured the labor of multiple revisions of these articles, as well as corresponding with one another. The guidance and advice of Dr. Burcu Ellis in the Inter- national Relations Department has been indispensable to the publication of the Journal. SPECIAL THANKS TO Omar Abelmegeid for doing the graphic design for previous year’s journal and his unwavering help in the creation of this o. | 8 abstract » In this research paper, I have sought to provide an analysis on the territorial 1 Volume 33 / Spring 2014 | 8 dispute between China and Japan over the Senkaku/Diaoyu Islands. I have given a short historyU.S.–Turkmen of Japan’s acquisition of the islands and shown that treaty law from 1895 through 1972Relations: is insufficient to clarify whether Japan or China has rightful territorial title. I then Energy Cooperation turned to customary and case law to identify the principles of territorial acquisition and in the Post-Niyazov Era to apply these principles to the claims of the Chinese and Japanese governments. It would » by Nina Harris appear that Japan, by virtue of its effective occupation of the uninhabited islands since 1895, has a stronger claim than China, which bases its purported title on ancient discovery. the Great. within the Central Asian region. I thenTurkmenistan: highlighted the economic, legal, and securityEmpires implications have historically the dispute dominated may havethe terri on -not A Brief History tory of modern-day Turkmenistan, beginning with its conquest in the 4th century B.C. by only the two countries, but also the United States, which is bound by treaty obligation to Alexander the Great. within the Central Asian Turkmenistan is one of the five former region. protectSoviet territory Republics under within Japanese the Central administration. Asian Because both China and Japan have much region. Empires have historically dominated Empires have historically dominated the territory of modern-day Turkmenistan, the territory of modern-day Turkmen- to lose in natural resources if the matter were presented to the International Court of Justice beginning with its conquest in the 4th century istan, beginning with its conquest in th B.C. by Alexander the Great. within the Cen- the 4 century B.C. by Alexander the for adjudicationtral Asian region. and Empiresbecause havethe rationalehistorically confirming Great. withinJapanese the territorial Central Asian possession region. in the dominated the territory of modern-day Turk- Empires have historically dominated Senkakumenistan, matter beginning may workwith its against conquest it inin theother territorialthe territory disputes, of modern-day it would seem Turkmen more -rea- 4th century B.C. by Alexander the Great. within istan, beginning with its conquest in the 4th century B.C. by Alexander the sonablethe Centralfor leaders Asian in region. the twoEmpires countries have histor to come- to a compromise over access to natural and ically dominated the territory of modern-day Great. within the Central Asian region. Turkmenistan, beginning with its conquest in Empires have historically dominated living resources within the disputed area as well as to cooperate on joint administration where the 4th century B.C. by Alexander the Great. the territory of modern-day Turkmen- within the Central Asian region. Empires istan, beginning with its conquest in th exclusivehave historicallyeconomic zonesdominated overlap. the territory of the 4 century B.C. by Alexander the modern-day Turkmenistan, beginning with its Great. within the Central Asian region. conquest in the 4th century B.C. by Alexander Edited by Clarisa Sanchez and Harmony King / Copy-edited by Laura Devine Volume 33 / Spring 2014 | 9 Sino-Japanese Legal Standoff in the East China Sea: An Examination of Which Country Has the Stronger Claim in the Territorial Dispute over the Senkaku/ Diaoyu Islands by Carlo Barlaan On September 14, 2012, a islands and planted a flag, thus spark- flotilla of Chinese maritime patrol ing public outrage and mass anti-Jap- vessels entered Japanese-controlled anese protests in a number of Chinese waters within the vicinity
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