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Territorial Disputes in East Asia and the US Responsibility and Role

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Territorial Disputes in East Asia and the US Responsibility and Role Territorial Disputes in East Asia and the US Responsibility and Role Park Joon-woo 2011-2012 Koret Fellow, Shorenstein APARC Stanford University South Kuril Islands / Northern Territories Dokdo / Takeshima Island Senkaku Islands / Diaoyu Tai Spratly Islands Senkaku Islands / Diaoyu Tai (Chunxiao Gas Fields) http://www.economist.com/node/11591458 http://en.wikipedia.org/wiki/Senkaku_Islands http://en.wikipedia.org/wiki/Senkaku_Islands Senkaku Islands / Diaoyutai • Qing Dynasty – controlled by Taiwan • Meiji Japan – annexes Ryukyu Kingdom as Okinawa Prefecture (1879) • January 1895, during the Sino-Japanese War, Japan incorporates the islands citing the principle of “Terra Nullius” of International Law • Treaty of Shimonoseki - China cedes all islands belonging to Formosa to Japan (1895) Senkaku Islands / Diaoyutai • Terra Nullius ▫ A Latin expression deriving from Roman law meaning “land belonging to no one” (or “no man’s land”) ▫ Used in international law to describe territory which has never been subject to the sovereignty of any state ▫ The principle has been criticized to have supported colonialism of Western Powers Senkaku Islands / Diaoyutai • After WWII, the US controls the islands as part of the US Civil Administration of the Ryukyu Islands until May, 1972, when the US terminates occupation and returned Okinawa to Japan • Japan-China Diplomatic Normalization set aside the dispute • Deng Xiaoping in Tokyo (1978) ▫ “…Our generation is not wise enough to find common language on this question. Our next generation…will certainly find a solution acceptable to all” Senkaku Islands / Diaoyutai • The US position has been neutral until 2010, when China and Japan clashes over Japan’s arrest of a Chinese trawler captain • Secretary of State Clinton states Senkaku Islands are within the scope of application of Article 5 of US-Japanese Security Treaty • The US appears to be supporting Japan’s sovereignty over the islands legally as well as politically Spratly Islands http://www.economist.com/node/18806217 Spratly Islands • More than 750 islets in the South China Sea • 48 islands are occupied by military forces from: Vietnam (24), PRC (10), Taiwan (1), Malaysia (6), Philippines (7) • Oil and gas reserves – estimated to reach 23 billion tons and 7.5 trillion m3, respectively • Commercial fishing – more than 10% of the world’s total catch • Shipping lane – more than half of the world’s supertanker traffic and 1/3 world merchant fleet Spratly Islands • Clashes between China and adjacent countries: ▫ China and Vietnam (1974, 1988, 2011) ▫ China and the Philippines (1995) • Efforts to prevent conflict ▫ Declaration on the Conduct of Parties in the South China Sea (2002) ▫ Guidelines for the Implementation of the DOC (2011) • Facing Chinese growing assertiveness backed by the buildup of a robust blue water navy, ASEAN needs the US’s support and intervention Spratly Islands • US has refrained from expressing interest in the issue other than confirming its support for the principle of freedom of navigation and the peaceful resolution of disputes • In July 2010(ARF), Secretary Clinton underscores the US national interest in freedom of navigation, open access to maritime commons, and respect for international law in the South China Sea ▫ oppose the use of force by any claimant ▫ take no side on the competing territorial disputes over land features in the South China sea ▫ support 2002 ASEAN-China DOC and facilitate initiatives and confidence-building measures Spratly Islands • East Asian Summit in Bali (November 2011) ▫ Japan supports the US position that any dispute in the area should be resolved through multi-national cooperation and dialogue ▫ Australia expresses its interest in the area as a maritime country using the sea lane and supported the freedom of navigation ▫ China opposes the multilateral approach and declares that any dispute over the possession of the South China Sea should be resolved bilaterally, not through multi-national forums Spratly Islands • Extension of Continental Shelf ▫ 1994 UN Convention on the Law of the Sea (UNCLOS) allows continental shelf to be extended beyond 200 nautical miles ▫ In 2009,Vietnam and Malaysia submit claims to the UN Commission on the Limits of the Continental Shelf which extends their EEZ to 350 nautical miles ▫ China files objections immediately and issues a stern warning to countries not to claim the islands under Chinese sovereignty ▫ China submits a claim to the Commission with a map of U- shaped boundary that includes 80% of the area http://en.radio86.com/china-past-and-present/south-china-sea-dispute-summary Russia Mongolia China South Kuril Islands / Northern Territories kuril http://wikitravel.org/shared/Image:Kurils_map.png South Kuril Islands / Northern Territories • Treaty of Shimoda (1855) ▫ Article 2 – “Henceforth the boundary between the two nations shall lie between the islands of Etorofu and Uruppu. The whole of Etorofu shall belong to Japan; and the Kurile Islands, lying to the north of and including Uruppu, shall belong to Russia.” http://www.flickr.com/photos/amapple/5162963995/lightbox/ South Kuril Islands / Northern Territories • Treaty of St. Petersberg (1875) - Japan gives up Sakhalin, Russia gives up the Kuril Islands • Portsmouth Treaty (1905) - Russia cedes southern half of Sakhalin to Japan http://www.bbc.co.uk/news/world-asia-pacific-14278362 South Kuril Islands / Northern Territories • Yalta Agreement (1945) ▫ “The leaders of the three great powers – the Soviet Union, the USA, and Great Britain – have agreed that… the former rights of Russia violated by the treacherous attack of Japan in 1904 shall be restored, The southern part of Sakhalin as well as the islands adjacent to it shall be returned to the Soviet Union…The Kuril Islands shall be handed over to the Soviet Union” South Kuril Islands / Northern Territories • Potsdam Declaration (1945) ▫ “8. The terms of the Cairo Declaration shall be carried out and Japanese sovereignty shall be limited to the islands of Honshu, Hokkaido, Kyushu, Shikoku and such minor islands as we determine” http://www.ease.com/~randyj/japanmap.htm South Kuril Islands / Northern Territories • San Francisco Peace Treaty (1951) ▫ Article 2(c): “Japan renounces all right, title and claim to the Kuril Islands, and to that portion of Sakhalin and the islands adjacent to it over which Japan acquired sovereignty as a consequence of the Treaty of Portsmouth of September 5, 1905” • The US maintains that the disputed islands remain Japanese territory under Russian occupation until a peace treaty is concluded South Kuril Islands / Northern Territories • Japan-USSR Joint Declaration (1956) ▫ Article 9: “The USSR and Japan have agreed to continue… negotiations for the conclusion of a peace treaty… the USSR… agrees to hand over to Japan the Habomais and Shikotan Islands, provided that the actual changing over to Japan of these islands will be carried out after the conclusion of a peace treaty” South Kuril Islands / Northern Territories • Putin offers the return of Shikotan and the Habomais in exchange for Japan renouncing its claim to the other two islands ▫ Japan offers financial aid to the Kuril Islands in exchange for the return • Medvedev visits Kunashir Islands (2010) • Medvedev calls for increased military deployment to the Kuril Islands (2011) South Kuril Islands / Northern Territories • The US supports the Japanese argument • State Department announces the US – ▫ supports Japan in Southern Kuril Islands, recognizing Japan’s sovereignty over the islands ▫ denies the applications of Article 5 of US- Japan Security Treaty not under Japanese administrative control Dokdo / Takeshima Island http://koreajjang.wordpress.com/2010/05/06/dokdo/ http://en.wikipedia.org/wiki/File:Liancourt_Rocks_Map.svg http://en.wikipedia.org/wiki/File:Location-of-Liancourt-rocks-en.png Dokdo • Two small islets in the East Sea of Korea (Sea of Japan) in addition to 35 smaller rocks • Also called Takeshima by Japan and Liancourt Rocks by the West • Rich fishing grounds and potential gas deposit • Administered by the ROK as part of Ulleung- county, North Kyeongsang Province ▫ Japan claims sovereignty, while Korea denounces it as colonialistic ▫ Koreans view Dokdo as a symbol of victim to Japanese colonial invasion Dokdo • Japan incorporates the islands in 1905, during the Russo-Japanese War, arguing the islands were “terra nullius” ▫ Emperor Gojong’s Imperial Decree No. 41 renamed Uldo, elevating to county to rule over the islands(1900) ▫ Japanese Supreme Council Dajokan issues an order stating that Ulleugndo and the other island were not under Japanese Rule (1877) Dokdo • Gen. D. MacArthur, Supreme Commander of the Allied Powers • SCAPIN #677 – suspends Japanese administration over the Liancourt Rocks along with many other islands • SCAPIN #1033 – prohibits Japanese ships and crew from entering the 12 nautical mile seas off the Liancourt Rocks (MacArthur Line) Dokdo • Negotiations for Peace Treaty ▫ The first through fifth drafts refer to the Liancourt Rocks as Korean territory ▫ Sixth and seventh drafts describe the Liancourt Rocks as belonging to Japan ▫ UK draft and the attached map places the Liancourt Rocks within Korean Territory ▫ In the final draft, UK agrees to the US version of the treaty and lists only the islands of Quelpart, Port Hamilton, and Dagelet to be excluded from Japan ▫ The Liancourt Rocks are left undefined http://media.paran.com/hotissue/view.kth? dirnews=2519667&year=2010&titlekey=PARAN_2010_2519670&clusterid=IiQmMjszUV5DVStBQF1aWERSK0NC&kind=0&pg=1&t=0&date=20110404&titlequery=
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