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How The Hague ruling against China could spell trouble for Japan

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Japan has built structures on uninhabited rocks 1,740 km from Tokyo to mark its territory - just like China has done in the South China Sea.

Tokyo has been quick to applaud the decision by the Permanent Court of Arbitration in The Hague on Beijing’s claims to reefs and atolls in the South China Sea, but experts warn that the ruling could come back to haunt Japan.

Of particular concern, they point out, should be the court’s ruling that the “islands” are little more than rocks that cannot support human habitation and economic life and cannot therefore be used to extend China’s control over the region.

Beijing arguably learned the tactic of enlarging rocks that would otherwise be submerged at high tide from Japan, which has spent billions of yen on reinforcing and enlarging Okinotorishima. This tiny atoll, 1,740 km south of Tokyo extends Japan’s exclusive economic zone over some 400,000 square km of the Pacific Ocean - larger than Japan’s total land area.

“The Hague ruling completely de-legitimises Japan’s claim to those waters,” said Stephen Nagy, an associate professor of politics at Tokyo’s International Christian University.

Under this ruling, if it was to be applied to Japan, then Japan would no longer have that EEZ,” he told South China Morning Post.

“It’s as simple as that.”

Beijing has protested Japan’s use of Okinotorishima to extend its EEZ in the past, but given that it is using a similar approach to forward its own territorial claims in the South China Sea, Nagy feels it is unlikely that Beijing will file a complaint with The Hague.
South Korea and Taiwan, on the other hand, could very well do so.

Seoul has sided with China in opposing Tokyo’s claims on Okinotorishima, while Taiwan disputed Japan’s rights earlier this year and dispatched coast guard cutters to protect fishing boats operating close to the island.

By designating the EEZ that extends 200 nautical miles from Okinotorishima, Tokyo has given itself access to a vast area rich in fishing resources and - potentially more importantly - natural resources.
The seabed surrounding the island is believed to be littered with trillions of yen worth of resources.

Japan is particularly keen to develop vast deposits of methane hydrates. A solid compound containing high levels of methane trapped in a crystal structure of water, methane hydrate is seen as an important source of energy in the future.
In February, the Japanese government announced that it was earmarking Y13 billion (HK$838.3 million) for rebuilding facilities on Okinotorishma. The territory covers a mere 9 square metres and, according to critics of Japan’s claim to sovereignty, is only above water because two parts of the coral reef have been protected by concrete embankments and blocks to prevent them from disappearing beneath the waves for good.
The Foreign Ministry in Tokyo reaffirmed its stance that Okinotorishima is an island and that the Hague ruling will have no impact on that designation.

“The ruling in The Hague is not on the status of Okinotorishima and is binding on the two parties in the dispute, the Philippines and China,” Kazumi Yamada, principle deputy director of the ministry’s Oceans Division, said.

She declined to speculate on another country taking the Okinotorishima case to The Hague.

The one bright spot for Japan, Nagy suggested, would be over the question of the Senkaku islands, claimed by China, where the archipelago is known as the Diaoyus. Tokyo is likely to seize on the argument that it has sovereignty rights to the islands on the grounds that it has effectively managed the territory uninterrupted for the last 120 years.
 
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International court of Justice have made it clear that they have nothing to do with the verdict on SCS.
http://www.icj-cij.org/homepage/

The PCA is not a court, but rather an organiser of arbitral tribunals to resolve conflicts between member states, international organizations, or private parties.It should not be confused with the International Court of Justice which is the primary judicial branch of the United Nations, while the PCA is not a UN agency.

Since the PCA is not UN-backed agency, it's income relies on the arbitration services it provides to its clients. Unlike the judges from the International Court of Justice who are paid by the UN, judges of the PCA are paid from that same income the PCA earns.
 
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I don't know why someone or some countries are trying to give PCA the legitimacy of international law. PCA is not court, is just a for-profit origination that provides service to clients even including private parties and makes profit from that.
 
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Looks like the issue is not the sovereignty of Japan's rocks - which is undisputed - but the use of these rocks to questionably extend Japan's EEZ despite absolute lack of human inhabitation or independent economic activity on them.

This EEZ question seems to clearly fall within the jurisdiction of the PCA.
 
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