Background• Geography

• Five islets and three rocky outcroppings• Lies on the Continental Shelf bordering

Okinawa Trough• Equidistant from Taiwan and Southern Ryukus• Expected rich oil reserves/fishing grounds

• Japan History• Discovered in 1885• Incorporated in 1895

• China• Discovered in 14th Century used as a fishing platform• Ming dynasty used as defense perimeter against pirates

Japanese Viewpoint• The beginning

• 1885 survey conducted on Senkaku Islands and found to be uninhabited

• 1895 Senkaku incorporated as a territory of Japan via Terra Nullis

• Terra Nullis under international law means discovery is not assertion of sovereignty – must have demonstration Marker planted

• Sino Japan War• Japan did not receive these islands during treaty• China ceded only Taiwan and the Pescadores

islands• Article II, Treaty of Simonoseki signed with Qing

Dynasty

• WWII and after• The San Francisco Treaty only involved Taiwan and

Pescadores that were ceded by China• US exercised admin rights over the islands in

accordance with article 3 of San Fran treaty• 1972 rights were ceded to Japan with the Ryukus• China never expressed an objection to US

administrative control

Japan Red Line• Rule of Law

• Inherent part of Japan according to international law

• There is no true dispute so therefore do not need the International Court

• US Recognition of treaty obligations

• Prevention of other nations establishing a foot hold

China/Taiwan Viewpoint

• Inherent part of China since ancient times—fully proven by history and is legally well-founded

• The Japanese claim that the Islands were “terra nullius” before 1985 does not square with facts.

• China will take forceful measures in response to any move that challenge the country’s bottom line on sovereignty.

• The US must respect sovereignty of

countries in the region and honor its taking-no-position promise.

Possible Policy Solutions• Bilateral Talks for Resources

• Taiwan purposed the “East China Sea Peace Initiative” in August 2012

• Taiwan & Japan concluded a fishery agreement in April 2013, which can serve a model for dispute resolution.

• Prevent Nationalists from taking over conversation• Both China-Japan nationalists are powerful• Home consumption in rhetoric• Establish communication between military• Cooling off period

Conclusions“It is extremely regrettable that anti-Japanese protests occurred in numerous regions in China, resulting in stones and other hazardous objects being thrown at Japanese diplomatic establishments, acts of violence targeting Japanese nationals, as well as arson, destruction, and looting of Japanese-affiliated companies. “

“Under no circumstances should acts of violence be condoned. With the shared interests of the international community in mind, Japan calls on differing opinions to be expressed in a calm and peaceful manner. “

- Japanese Ministry of Foreign Affairs