The China-Japan Border Dispute


Book Description

Crossing disciplinary boundaries, this volume offers a rare forum for a serious analysis of the territorial dispute over the Diaoyu/Senkaku Islands between China and Japan. To understand the complexity of the dispute and to find peaceful solutions, we must reach beyond the confines of a single discipline and perspective. The volume deconstructs conflicting perspectives on the two sides of the dispute. Territorial disputes often become symbolic expressions of nationalistic rivalries, particularly as political claims for territories escalate and economic competition for resources between countries intensifies. Cutting through the political rhetoric on both sides of the controversy and bringing together a group of eight scholars from the disciplines of history, international relations, law, political science, and sociology, this book analyzes the relevant history, international law, multilateral relations, political agendas, and social and collective memory, to shed light on this difficult dispute. Taken together, the chapters of the book propose short-term, medium-term, and long-term peaceful solutions for going beyond the impasse of the current territorial dispute.




China-Japan Border Disputes Islands of Contention in Multidisciplinary Perspective


Book Description

Crossing disciplinary boundaries, this volume offers a rare forum for a serious analysis of the territorial dispute over the Diaoyu/Senkaku Islands between China and Japan. The volume deconstructs conflicting perspectives on the two sides of the dispute. Cutting through the political rhetoric on both sides of the controversy, this book analyzes the relevant history, international law, multilateral relations, political agendas, and social and collective memory, to shed light on this difficult dispute. Taken together, the chapters of the book propose short-term, medium-term, and long-term peaceful solutions for going beyond the impasse of the current territorial dispute.




The Law of the Sea and Maritime Boundary Disputes in Areas of Hydrocarbon Potential


Book Description

The United Nations Convention on the Law of Sea (‘UNCLOS’) is hailed as one of the most significant multilateral legal agreements executed in the past few decades. However, its shortcomings are neither trivial nor inconsequential, especially regarding maritime boundary disputes involving hydrocarbon resources. This monograph examines the relationship between UNCLOS and maritime boundaries in five non-polar regions, encompassing almost 90% of global unresolved disputes involving offshore hydrocarbon development. The regions, which include the eastern Mediterranean, the Caspian Sea, the Persian Gulf, northeast Asia, and the South China Sea, were chosen for their oil and gas resources potential and recent military skirmishes that have the potential to lead to wider regional confrontations. The book addresses each region’s maritime boundary status in the context of specific articles within UNCLOS that have been exploited by disputing states to justify their overlapping claims. The history and future applicability of multilateral Joint Development Area agreements for each region are evaluated for their potential to provide a cooperative solution to resolve ongoing tensions. Highlighting the limitations of current ‘gun-boat’ diplomacy, the monograph makes practical suggestions for new paradigms for resolving outstanding disputes, promoting lasting peace and generating economic benefits resulting from resource development.




Solution Protocols to Festering Island Disputes


Book Description

Since the coming into force of the United Nations Law of the Sea, states have been targeting outlying islands to expand their exclusive economic zones, simultaneously stirring up strident nationalism when such plans clash with those of neighbouring states. No such actions have brought the world closer to the brink of war than the ongoing face-off between China and Japan over the Diaoyu/Senkaku islands, an uninhabited archipelago in the East China Sea. In this timely and original book, Godfrey Baldacchino provides a detailed exploration of seven tried and tested solution protocols that have led to innovative 'win-win' solutions to island disputes over the last four centuries. A closer look at the circumstances and processes that brought contending regional powers to an honourable, even mutually advantageous, settlement over islands provides a convincing and original argument as to why the conflict over the Diaoyu/Senkaku islands need not conclude in a ‘zero-sum’ or 'winner takes all' solution, as is the likely outcome of both open conflict and international arbitration. The book will be of interest to scholars and practitioners concerned with the festering Diaoyu/Senkaku dispute, as well as students, scholars and policy specialists in geography, geopolitics, international relations, conflict studies, island studies, Asian studies and history.




Contextualising International Law in Northeast Asia


Book Description

Northeast Asia is one of the most important regions of the world both economically and in terms of its historical heritage. The region poses significant challenges for international law whilst international law can unleash cooperative endeavours which can place the region in a formidable location in the new multi-polar world order. This work sets out a contextual regional approach to international law focusing on the relations as between China, South Korea and Japan. In particular the author deliberates on the historical development of international law in the region, the relationship of international law with the Chinese, Korean and Japanese legal systems; historical disputes as between the three States; and the respective practices in the sphere of monetary and trade relations. This work will be of interest to international law scholars, practitioners and policy makers.




Islands and International Law


Book Description

Islands and their status in international law have become one of the more contentious issues in public international law. However, despite this, there is no contemporary book-length study on the question. This book fills that gap. Written by one of the world's leading public international lawyers, it offers an authoritative overview of how public international law operates in relation to islands. Key issues such as artificial islands, archipelagos, sovereignty, territorial rights, maritime entitlements, and governance are explored in depth. This will become a classic text in the field of international law.




International Law Relating to Islands


Book Description

This monograph considers the application of general rules of international law to islands, as well as special rules focused on islands, notably Article 121 of the UN Convention on the Law of the Sea. Such rules have been applied in several landmark cases in recent years, including the International Court of Justice’s judgments in Territorial and Maritime Dispute (Nicaragua v. Colombia), and arbitral awards in the Chagos Marine Protected Area Arbitration (Mauritius v. United Kingdom) and the South China Sea Arbitration (Philippines v. China). Among other things, this monograph explores: the legal concepts of “islands”, “rocks” and “low-tide elevations”; methods of securing sovereignty over and the maritime zones generated by islands; islands and historic titles, bays and rights; problems of delimitation in the presence of islands; legal issues arising from changes in islands over time (notably from climate change); and contemporary techniques for resolving disputes over islands.




Historical Dictionary of Postwar Japan


Book Description

Japan is a mix of the old and the new, traditional and modern, and old fashion and innovative. It has traveled the road to a modern destination without totally losing sight of its traditions and values. Although some in Japan lament the passing of old ways, Japan has held on to a reasonable amount of its traditions and values. This is easier to find in its arts and crafts and its literature and films as well as in its social habits. This book will introduce the broad sweep of people, events, and trends, including the successes and failures, of postwar Japan. This second edition of Historical Dictionary of Postwar Japan contains a chronology, an introduction, appendixes, and an extensive bibliography. The dictionary section has over 500 cross-referenced entries on important personalities, politics, economy, foreign relations, religion, and culture. This book is an excellent resource for students, researchers, and anyone wanting to know more about Japan.




South China Sea Disputes, The: Historical, Geopolitical And Legal Studies


Book Description

The South China Sea Disputes: Historical, Geopolitical and Legal Studies covers various issues regarding the currently controversial theme of the South China Sea (SCS) disputes. It contains insights by scholars mostly from Republic of China (Taiwan), along with ones from Peoples' Republic of China (mainland China), the Philippines, Australia, and the United States (US).The book is divided into three sections, wherein the historical analysis section illustrates certain important but currently neglected treaties for SCS, e.g., the San Francisco Peace Treaty, the Taipei Treaty, and the Cairo Declaration. In particular, the Nationalist government's efforts to recover the Chinese sovereignty in the islands of SCS after the end of World War II are covered. Archival research found in the national archives of the Taiwan, the United Kingdom, the US, and Japan, revealing materials with potential for enhancing territorial and sovereignty claims is covered. In addition, the US State Department historical materials on the SCS disputes are also shown.The geopolitical analysis section in the book specifically addresses the state practice in SCS by Taiwan. It also reveals Taiwan's evolving attitudes from thoughtful planning to perfunctory policy thereof. The circumstances of US-China rivalry in the SCS are also discussed.The legal analysis section includes an explanation of the arbitral award of the SCS, wherein it argues that this arbitration is a non-justiciable dispute resolution. This book serves as a good reference for readers interested in South China Sea disputes.




Japan’s Island Troubles with China and Korea


Book Description

This book examines the Senkaku/Diaoyu dispute between Japan and China and the Dokdo/Takeshima dispute between Japan and Korea, in order to offer new perspectives on the possible approaches towards amelioration and resolution of these conflicts. Japan’s Island Troubles with China and Korea addresses the prospects of and challenges to achieving resolutions in the island disputes, rather than focusing solely on the origins and the political roles they play in the domestic politics of the three nations. Furthermore, in taking an interdisciplinary approach, this book transcends existing studies, which focus on the domestic contexts of the disputes, and therefore avoids the pitfalls of nationalistic narratives. Instead, this book fills a theoretical and methodological lacuna in the academic literature, exploring how the islands could become a point of co-operation, rather than contention. Providing a fresh examination of Japan’s relations with its two closest neighbours, this book will be invaluable to students and scholars of Asian politics and international relations, security studies, and Asia-Pacific studies more generally.