The Territory of Japan Its History and Legal Basis

• Main Author: Serita, Kentaro (auth)
• Format: Electronic Book Chapter
• Language: English
• Published: Singapore Springer Nature 2023
• Subjects: Public international law; International relations; Asian history; History; Arbitration, mediation & alternative dispute resolution; Northern Territories; Senkaku Islands; Takeshima; Habomai Islands; Shikotan Island; Etorofu Island; Kunashiri Island; Exclusive Economic Zones (EEZs); Air Defense Identification Zones (ADIZs); United Nations Convention on the Law of the Sea (UNCLOS)
• Online Access: OAPEN Library: download the publication; OAPEN Library: description of the publication

This Open Access book carefully examines the legal and historical bases of the territory of Japan as a modern State from the Meiji period to 2002. A new preface summarizes key developments in the situation up through 2022. Japan's current territory is stipulated by the Potsdam Declaration (1945) and the Treaty of Peace with Japan (1951); it includes the Northern Territories, the Senkaku Islands, and Takeshima. Japan has demanded the return of the Northern Territories, comprising the islands of Etorofu, Kunashiri, Shikotan and Habomai, which are occupied by Russia. China has claimed sovereignty over the Senkaku Islands, which are validly controlled by Japan; Japan has claimed sovereignty over Takeshima, which is occupied by the Republic of Korea. This book analyzes the current status of these territorial topics, drawing on historical documents and international legal precedent, and it suggests peaceful methods to address them. In discussing territorial land, sea, and air space, this work touches upon postwar concepts defining modern international law and relevant rules on these subjects-exclusive economic zones (EEZs), continental shelves, and air defense identification zones (ADIZs)-found in international treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), and related domestic laws.