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The Inconvenient Truth Behind the Diaoyu/Senkaku Islands

By HAN-YI SHAW

I've had a longstanding interest in the Diaoyu/Senkaku islands, the subject of a dangerous territorial dispute between Japan and China. The United States claims to be neutral but in effect is siding with Japan, and we could be drawn in if a war ever arose. Let me clear that I deplore the violence in the recent anti-Japan protests in China: the violence is reprehensible and makes China look like an irrational bully. China's government should rein in this volatile nationalism rather than feed it. This is a dispute that both sides should refer to the International Court of Justice, rather than allow to boil over in the streets. That said, when I look at the underlying question of who has the best claim, I'm sympathetic to China's position. I don't think it is 100 percent clear, partly because China seemed to acquiesce to Japanese sovereignty between 1945 and 1970, but on balance I find the evidence for Chinese sovereignty quite compelling. The most interesting evidence is emerging from old Japanese government documents and suggests that Japan in effect stole the islands from China in 1895 as booty of war. This article by Han-Yi Shaw, a scholar from Taiwan, explores those documents. I invite any Japanese scholars to make the contrary legal case. - Nicholas Kristof

Japan's recent purchase of the Diaoyu/Senkaku Islands has predictably reignited tensions amongst China, Japan, and Taiwan. Three months ago, when Niwa Uichiro, the Japanese ambassador to China, warned that Japan's purchase of the islands could spark an "extremely grave crisis" between China and Japan, Tokyo Governor Ishihara Shintaro slammed Niwa as an unqualified ambassador, who "needs to learn more about the history of his own country".

Ambassador Niwa was forced to apologize for his remarks and was recently replaced. But what is most alarming amid these developments is that despite Japan's democratic and pluralist society, rising nationalist sentiments are sidelining moderate views and preventing rational dialogue.

The Japanese government maintains that the Diaoyu/Senkaku Islands are Japanese territory under international law and historical point of view and has repeatedly insisted that no dispute exists. Despite that the rest of the world sees a major dispute, the Japanese government continues to evade important historical facts behind its unlawful incorporation of the islands in 1895.

Specifically, the Japanese government asserts, "From 1885 on, our government conducted on-site surveys time and again, which confirmed that the islands were uninhabited and there were no signs of control by the Qing Empire."

My research of over 40 official Meiji period documents unearthed from the Japanese National Archives, Diplomatic Records Office, and National Institute for Defense Studies Library clearly demonstrates that the Meiji government acknowledged Chinese ownership of the islands back in 1885.

Following the first on-site survey, in 1885, the Japanese foreign minister wrote, "Chinese newspapers have been reporting rumors of our intention of occupying islands belonging to China located next to Taiwan. At this time, if we were to publicly place national markers, this must necessarily invite China's suspicion. "

In November 1885, the Okinawa governor confirmed "since this matter is not unrelated to China, if problems do arise I would be in grave repentance for my responsibility".

"Surveys of the islands are incomplete" wrote the new Okinawa governor in January of 1892. He requested that a naval ship Kaimon be sent to survey the islands, but ultimately a combination of miscommunication and bad weather made it impossible for the survey to take place.

"Ever since the islands were investigated by Okinawa police agencies back in 1885, there have been no subsequent field surveys conducted," the Okinawa governor wrote in 1894.

After a number of Chinese defeats in the Sino-Japanese War, a report from Japan's Home Ministry said "this matter involved negotiations with China... but the situation today is greatly different from back then." The Meiji government, following a cabinet decision in early 1895, promptly incorporated the islands.

Negotiations with China never took place and this decision was passed during the Sino-Japanese War. It was never made public.

In his biography Koga Tatsushiro, the first Japanese citizen to lease the islands from the Meiji government, attributed Japan's possession of the islands to "the gallant military victory of our Imperial forces."

Collectively, these official documents leave no doubt that the Meiji government did not base its occupation of the islands following "on-site surveys time and again," but instead annexed them as booty of war. This is the inconvenient truth that the Japanese government has conveniently evaded.

Japan asserts that neither Beijing nor Taipei objected to U.S. administration after WWII. That's true, but what Japan does not mention is that neither Beijing nor Taipei were invited as signatories of the San Francisco Peace Treaty in 1951, from which the U.S. derived administrative rights.

When Japan annexed the Diaoyu/Senkaku Islands in 1895, it detached them from Taiwan and placed them under Okinawa Prefecture. Moreover, the Japanese name "Senkaku Islands" itself was first introduced in 1900 by academic Kuroiwa Hisashi and adopted by the Japanese government thereafter. Half a century later when Japan returned Taiwan to China, both sides adopted the 1945 administrative arrangement of Taiwan, with the Chinese unaware that the uninhabited "Senkaku Islands" were in fact the former Diaoyu Islands. This explains the belated protest from Taipei and Beijing over U.S. administration of the islands after the war.

The Japanese government frequently cites two documents as evidence that China did not consider the islands to be Chinese. The first is an official letter from a Chinese consul in Nagasaki dated May 20, 1920 that listed the islands as Japanese territory.

Neither Beijing nor Taipei dispute that the Diaoyu/Senkaku Islands --- along with the entire island of Taiwan --- were formally under Japanese occupation at the time. However, per post-WW II arrangements, Japan was required to surrender territories obtained from aggression and revert them to their pre-1895 legal status.

The second piece evidence is a Chinese map from 1958 that excludes the Senkaku Islands from Chinese territory. But the Japanese government's partial unveiling leaves out important information from the map's colophon: "certain national boundaries are based on maps compiled prior to the Second Sino-Japanese War(1937-1945)."

Qing period (1644-1911) records substantiate Chinese ownership of the Diaoyu/Senkaku Islands prior to 1895. Envoy documents indicate that the islands reside inside the "border that separates Chinese and foreign lands." And according to Taiwan gazetteers, "Diaoyu Island accommodates ten or more large ships" under the jurisdiction of Kavalan, Taiwan.

The right to know is the bedrock of every democracy. The Japanese public deserves to know the other side of the story. It is the politicians who flame public sentiments under the name of national interests who pose the greatest risk, not the islands themselves.

© The New York Times Company

The Inconvenient Truth Behind the Diaoyu/Senkaku Islands - ??????? ????
 
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Qing period (1644-1911) records substantiate Chinese ownership of the Diaoyu/Senkaku Islands prior to 1895. Envoy documents indicate that the islands reside inside the "border that separates Chinese and foreign lands." And according to Taiwan gazetteers, "Diaoyu Island accommodates ten or more large ships" under the jurisdiction of Kavalan, Taiwan.

Can you provide a photograph of the original map/documents showing/substantiating that the Senkakus WAS part of China??? Did any of the documents said the they were part of China or the documents only described the islands??? Is this another China's proving her sovereignty by propaganda only???

What's the basis of China's claim over the Senkakus??? Discovery??? Discovery does not equate to ownership. Naming it??? Naming it does not make it yours. Traditional fishing grounds??? Traditional fishing grounds doesn't equate to sovereignty. Some ancient Chinese traders passed there??? Does not also equate to sovereignty. Did China developed the Senkakus??? What the hell did you develop? Did China conducted economic activities on the island??? Did China exercised effective jurisdiction and effective occupation over the Senkakus??? Did China admistered the Senkakus??? What did China administered there??? Did China erected any structure or lighthouse there??? Did the Japanese expelled any Chinese garrison there in the Senkakus???

I don't think China CAN prove her claims by just telling to all people that “China owns this and that” since in ancient times.
 
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Can you provide a photograph of the original map/documents showing/substantiating that the Senkakus WAS part of China??? Did any of the documents said the they were part of China or the documents only described the islands??? Is this another China's proving her sovereignty by propaganda only???

What's the basis of China's claim over the Senkakus??? Discovery??? Discovery does not equate to ownership. Naming it??? Naming it does not make it yours. Traditional fishing grounds??? Traditional fishing grounds doesn't equate to sovereignty. Some ancient Chinese traders passed there??? Does not also equate to sovereignty. Did China developed the Senkakus??? What the hell did you develop? Did China conducted economic activities on the island??? Did China exercised effective jurisdiction and effective occupation over the Senkakus??? Did China admistered the Senkakus??? What did China administered there??? Did China erected any structure or lighthouse there??? Did the Japanese expelled any Chinese garrison there in the Senkakus???

I don't think China CAN prove her claims by just telling to all people that “China owns this and that” since in ancient times.
calm down .... you made your point
 
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Imperial Japan took a lot of territory from china and senkaku/diaoyu is geographically very close to chinese mainland than Japanese one but can a territory given away by the then legitimate chinese gov be taken away now?
 
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Well I'll be nice and ignore the troll :lol:

Good questions! waiting for Chinese members to respond.

It's not easy to find an objective analysis on the dispute, since most do omit a lot of information :unsure:

Well anyways I looked around a bit and managed to find a rather detailed and relatively objective analysis, if you're a fast reader you might be able to finish the whole thesis in a few hours :laugh:

http://ir.canterbury.ac.nz/bitstream/10092/4085/1/thesis_fulltext.pdf

Plenty of information to digest there for those interested.
 
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October 4, 2012, 2:32 PM
The Diaoyu/Senkaku Islands: A Japanese Scholar Responds
By TAKAYUKI NISHI

The People’s Republic of China’s claim that the Senkaku/Diaoyu Islands are an “inherent territory” of China contradicts its own demands before 1970.

Before 1970, the People’s Republic of China did not merely acquiesce to Japanese sovereignty over the Senkaku/Diaoyu Islands. China demanded self-determination for the U.S.-administered Ryukyu Islands, with an option of return to Japanese administration, while specifically including the “Senkaku Islands”. Thus, China agreed with the United States and Japan that, in the event of the Ryukyu Islands’ return to Japanese administration, the United States should also return the Senkaku Islands to Japan.

The common law doctrine of estoppel prevents a party from gaining by making an allegation or denial that contradicts what the party has previously stated as a fact.

According to Article 38 of the Statute of the International Court of Justice, if Japan and China ever agree to refer China’s claim to the Senkaku/Diaoyu Islands to the Court, the Court shall either apply the following four standards, or if the parties agree thereto, ignore them and decide the case ex aequo et bono (i.e., according to what is right and good, rather than according to the law):

a. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

The Court has applied the general principle of estoppel in a number of cases, including disputes over islands.

Thus, the most important evidence for judging China’s claim legally is China’s demand before 1970 for self-determination of the U.S.-administered Ryukyu Islands, specifically including the “Senkaku Islands,” with an option of return to Japanese administration.

For instance, the People’s Daily, the official newspaper of the Central Committee of the Communist Party of China, published an article titled “The Struggle of the People of the Ryukyu Islands against U.S. Occupation” (Liuqiu Qundao renmin fandui Meiguo zhanling douzheng) on January 8, 1953. It was published in the “Documents” (ziliao) section, which is usually edited carefully to give the party line. The whole article is posted in simplified characters here. An image of the first half of the article is here.

The first sentence defines the Ryukyu Islands:

The Ryukyu Islands lie scattered in the sea to the northeast of our country’s Taiwan and southwest of Japan’s Kyushu Island, and includes seven groups of islands, namely Senkaku Islands [Jiange Zhudao], Sakishima Islands, Daito Islands, Okinawa Islands, Oshima Islands, Tokara Islands, and Osumi Islands, each with large and small islands; more than fifty islands have names and more than four hundred are unnamed and small; their land area totals 4670 square kilometers.

Self-determination for the Ryukyu Islands, with return to Japanese administration as an option, is demanded in the final sentence (and elsewhere):

The Ryukyu people’s struggle against transformation of Ryukyu by the United States into a military base, against enslavement by the United States, and for freedom, liberation, and peace is not isolated; it is inseparable from the Japanese people’s struggle for independence, democracy, and peace; it is inseparable from the struggle of Asian and Pacific peoples and the peoples of all countries of the world to defend peace; therefore, despite the ongoing barbaric repression of the Ryukyu people by the U.S. occupiers, final victory belongs inevitably to the Ryukyu people.

In short, China demanded the U.S.-administered “Senkaku Islands” outcomes other than transfer to China, even while fiercely fighting U.S. armed forces in Korea, which were supported from Okinawa and mainland Japan. This Chinese demand cannot be explained away as a result of ignorance about the islands’ situation.

I do not evaluate here Mr. Han-yi Shaw’s selection and interpretation of documents from the nineteenth century and before, because they are irrelevant to the estoppel over the most recently recognized border.

However, for the sake of argument, if Mr. Shaw’s interpretation were entirely correct, then the People’s Republic of China (and less explicitly, the Republic of China on Taiwan) has legally disowned the Senkaku/Diaoyu Islands by mistake, through sheer lack of interest in the islands before 1970.

Takayuki Nishi is a Project Assistant Professor at the Global Center for Asian and Regional Research at University of Shizuoka, in Shizuoka, Japan.
 
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LOL at the people who put out a Japanese source. Couldn't any better.


I’m sympathetic to China’s position. I don’t think it is 100 percent clear, partly because China seemed to acquiesce to Japanese sovereignty between 1945 and 1970, but on balance I find the evidence for Chinese sovereignty quite compelling. The most interesting evidence is emerging from old Japanese government documents and suggests that Japan in effect stole the islands from China in 1895 as booty of war. This article by Han-Yi Shaw, a scholar from Taiwan, explores those documents. I invite any Japanese scholars to make the contrary legal case. – Nicholas Kristof


Han-Yi Shaw article, endorsed by Kristo of NYT:

The Inconvenient Truth Behind the Diaoyu/Senkaku Islands - NYTimes.com
 
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And who is 'HAN-YI SHAW' ?

And why not present a Japanese source? You have no problems with Chinese sources. :lol:


We have hundreds of proofs but we're not going present them for the same reason I criticize yours but this one is endorse by a reputable scholar with NYT backing.
 
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We have hundreds of proofs but we're not going present them for the same reason I criticize yours but this one is endorse by a reputable scholar with NYT backing.
Endorse? Hardly. As left slanted as the NY Times in American politics, the rag does try at times to be reasonably fair. Mr. Takayuki Nishi's respons was also published in the NY Times via Nicholas Kristof, the same guy who gave Mr. Han-Yi Shaw a say.
 
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Endorse? Hardly. As left slanted as the NY Times in American politics, the rag does try at times to be reasonably fair. Mr. Takayuki Nishi's respons was also published in the NY Times via Nicholas Kristof, the same guy who gave Mr. Han-Yi Shaw a say.


You don't have a link that said publish through Kriskof, even if it does an endorsement by the gent is unlikely. However you think of Kriskof carries as much weight as how I think of him.
 
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You don't have a link that said publish through Kriskof, even if it does an endorsement by the gent is unlikely. However you think of Kriskof carries as much weight as how I think of him.
As you wish...

The Inconvenient Truth Behind the Diaoyu/Senkaku Islands - NYTimes.com
I’ve had a longstanding interest in the Diaoyu/Senkaku islands, the subject of a dangerous territorial dispute between Japan and China. The United States claims to be neutral but in effect is siding with Japan, and we could be drawn in if a war ever arose. Let me clear that I deplore the violence in the recent anti-Japan protests in China: the violence is reprehensible and makes China look like an irrational bully. China’s government should rein in this volatile nationalism rather than feed it. This is a dispute that both sides should refer to the International Court of Justice, rather than allow to boil over in the streets. That said, when I look at the underlying question of who has the best claim, I’m sympathetic to China’s position. I don’t think it is 100 percent clear, partly because China seemed to acquiesce to Japanese sovereignty between 1945 and 1970, but on balance I find the evidence for Chinese sovereignty quite compelling. The most interesting evidence is emerging from old Japanese government documents and suggests that Japan in effect stole the islands from China in 1895 as booty of war. This article by Han-Yi Shaw, a scholar from Taiwan, explores those documents. I invite any Japanese scholars to make the contrary legal case. – Nicholas Kristof

The Diaoyu/Senkaku Islands: A Japanese Scholar Responds - NYTimes.com
I recently posted a commentary by Han-Yi Shaw, a scholar from Taiwan, arguing that Japan in effect stole the Diaoyu/Senkaku islands from China in 1895 as the spoils of war. I invited Japanese scholars to make the opposing case, and I am happy to post a response from Takayuki Nishi, an Assistant Professor at the Global Regional Center of Shizuoka Prefectural University. As always, I welcome your comments and feedback. – Nicholas Kristof
You really think I am as deceitful as so many of your fellow Chinese on this forum?
 
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Imperial Japan took a lot of territory from china and senkaku/diaoyu is geographically very close to chinese mainland than Japanese one but can a territory given away by the then legitimate chinese gov be taken away now?

why don't you raise your point like this, on other SCS territories which china claiming as their own. chinese claiming almost entire SCS..
 
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LOL The way I know you, as good a conniver as any, I knew you have it and that's you don't see me really accusing you for providing a source without a link. Never try to con a pro, so to speak.
 
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