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Japanâs Territory under International Law
Series: - Legal History Library, Volume: 69/25
- Studies in the History of International Law, Volume: 69/25
This title is published in Open Access with the support of the Japan Institute of International Affairs.
This volume sheds light on Japan's territorial situation from a unique perspective by analyzing the historical evolution of the concept of âterritoryâ and the various legal theories on resolving territorial disputes. Each of the chapters in this book presents multiple points of view that provide significant insight into the resolution of Japanâs territorial issues, such as those concerning the Northern Territories, Takeshima, and the Senkaku Islands. This book will be a valuable and useful resource to practitioners, researchers, and even members of the general public with an interest in territorial disputes.
Contributors are: Masaharu Yanagihara, Tadashi Mori, Tetsuya Yamada, Yuichi Sasaki, Atsuko Kanehara, Tomofumi Kitamura, Hironobu Sakai, Tomoko Fukamachi, and Dai Tamada.
This volume sheds light on Japan's territorial situation from a unique perspective by analyzing the historical evolution of the concept of âterritoryâ and the various legal theories on resolving territorial disputes. Each of the chapters in this book presents multiple points of view that provide significant insight into the resolution of Japanâs territorial issues, such as those concerning the Northern Territories, Takeshima, and the Senkaku Islands. This book will be a valuable and useful resource to practitioners, researchers, and even members of the general public with an interest in territorial disputes.
Contributors are: Masaharu Yanagihara, Tadashi Mori, Tetsuya Yamada, Yuichi Sasaki, Atsuko Kanehara, Tomofumi Kitamura, Hironobu Sakai, Tomoko Fukamachi, and Dai Tamada.
Masaharu Yanagihara, Ph.D. (1981), University of Tokyo, is Professor at the Open University of Japan. His main article in English is âSignificance of the History of the Law of Nations in Europe and East Asia,â Recueil des cours 371 (2015).
Atsuko Kanehara, LL.B., University of Tokyo, is Research Director for the Canon Institute for Global Studies. Her main article in English is âRefining Japanâs Integrative Position on the Territorial Sovereignty of the Senkaku Islands,â International Law Studies 97 (2021).
Atsuko Kanehara, LL.B., University of Tokyo, is Research Director for the Canon Institute for Global Studies. Her main article in English is âRefining Japanâs Integrative Position on the Territorial Sovereignty of the Senkaku Islands,â International Law Studies 97 (2021).
Foreword
List of Figures
Notes on Contributors
Part 1
Defining the Territory of Modern Japan
1âIncorporation of Remote Islands into the Territory of Japan Focusing on IÅ-tÅ and Minami-Tori-shima
ââMasaharu Yanagihara
2âRyÅ«kyÅ« Attribution Issue and Ernest Satow Assessment of the Newspapers Debate between Japan and Qing and Its Background
ââTadashi Mori
Part 2
Territorial Extensions in Modern Japan
3âAcquisition of âColoniesâ and Legal System of Japan
ââTetsuya Yamada
4âThe Concept of Leaseholds from the Perspective of Modern Japan
ââYuichi Sasaki
Part 3
Intent and Time in Territorial Disputes
5âThe Arguments Based on âLawâ in Territorial Disputes
ââAtsuko Kanehara
6âSignificance of Silence in Territorial Disputes Toward Legal Construction on â75 Years of Silenceâ regarding the Senkaku Islands (Pinnacle Islands)
ââTomofumi Kitamura
7âTemporal Elements and Their Regulation in Determining Territorial Disputes Practical Application to Territorial Disputes of Japan
ââHironobu Sakai
Part 4
Territorial Disputes in International Courts and Tribunals
8âApplication and Evaluation of âPre-modern/Non-European Territorial Controlâ in International Courts and Tribunals
ââTomoko Fukamachi
9âRecognition of the Existence of Territorial Sovereignty Disputes in International Courts and Tribunals The Use of the Coastal State Litigations before the Annexvii  Arbitration of the UN Convention on the Law of the Sea
ââDai Tamada
ââConclusion
ââAtsuko Kanehara
Index of Cases
List of Figures
Notes on Contributors
Part 1
Defining the Territory of Modern Japan
1âIncorporation of Remote Islands into the Territory of Japan Focusing on IÅ-tÅ and Minami-Tori-shima
ââMasaharu Yanagihara
2âRyÅ«kyÅ« Attribution Issue and Ernest Satow Assessment of the Newspapers Debate between Japan and Qing and Its Background
ââTadashi Mori
Part 2
Territorial Extensions in Modern Japan
3âAcquisition of âColoniesâ and Legal System of Japan
ââTetsuya Yamada
4âThe Concept of Leaseholds from the Perspective of Modern Japan
ââYuichi Sasaki
Part 3
Intent and Time in Territorial Disputes
5âThe Arguments Based on âLawâ in Territorial Disputes
ââAtsuko Kanehara
6âSignificance of Silence in Territorial Disputes Toward Legal Construction on â75 Years of Silenceâ regarding the Senkaku Islands (Pinnacle Islands)
ââTomofumi Kitamura
7âTemporal Elements and Their Regulation in Determining Territorial Disputes Practical Application to Territorial Disputes of Japan
ââHironobu Sakai
Part 4
Territorial Disputes in International Courts and Tribunals
8âApplication and Evaluation of âPre-modern/Non-European Territorial Controlâ in International Courts and Tribunals
ââTomoko Fukamachi
9âRecognition of the Existence of Territorial Sovereignty Disputes in International Courts and Tribunals The Use of the Coastal State Litigations before the Annex
ââDai Tamada
ââConclusion
ââAtsuko Kanehara
Index of Cases
This book will be particularly relevant to practitioners, researchers, and the general public who are interested in territorial issues, especially those of the Northern Territories, Takeshima, and the Senkaku Islands.