Japan’s Territory under International Law / edited by Masaharu Yanagihara, Atsuko Kanehara.

Format:

Book

Contributor:

Kanehara, Atsuko, editor.

Yanagihara, Masaharu, editor.

Series:

International Law E-Books Online, Collection 2025.

Legal History Library ; 69/25.

International Law E-Books Online, Collection 2025

Legal History Library ; 69/25

Language:

English

Subjects (All):

Japan--Boundaries.

Japan.

Japan--Territorial questions.

Physical Description:

1 online resource (345 pages)

Edition:

First edition.

Place of Publication:

Leiden ; Boston : Brill | Nijhoff, 2024.

Language Note:

English

Summary:

This volume sheds light on Japan's territorial situation from a unique perspective by analyzing the historical evolution of the concept of “territory” and the various legal theories on resolving territorial disputes. Each of the chapters in this

Contents:

Front Cover

Half Title

Series Information

Title Page

Copyright Page

Contents

Foreword

Figures

Notes on Contributors

Part 1 Defining the Territory of Modern Japan

Chapter 1 Incorporation of Remote Islands into the Territory of Japan: Focusing on Iō-tō and Minami-Tori-shima

1 Introduction

2 Iō-tō

2.1 The Incorporation Process

2.2 Legal Issues

2.2.1 Reasons Why It Has Been Regarded as a Case of Occupation

2.2.2 Criteria for Distinguishing Occupation from Reaffirmation of Territory

3 Minami-Tori-Shima

3.1 The Incorporation Process

3.2 Legal Issues

3.2.1 Legal Basis for Incorporation - Three Stages

3.2.2 The Concept of the "Facts of So-Called Possession under International Law"

3.2.2.1 Occupation as an Act of the State

3.2.2.2 What Does "Possession Réelle" Refer to, and Does It Differ Depending on the Area in Question?

3.2.2.3 What Kind of Concept Is the "Facts of So-Called Possession under International Law"?

4 Conclusion

Bibliography

Chapter 2 Ryūkyū Attribution Issue and Ernest Satow: Assessment of the Newspapers Debate between Japan and Qing and Its Background

2 Scope of the Satow Memorandum and Debate on Newspapers between Japan and Qing

2.1 Scope of the Satow Memorandum

2.2 Debate on Newspapers between Japan and Qing

2.2.1 Ancient and Medieval History

2.2.2 Geographical Relations As Well As Language, Religion, Race and Customs, etc.

2.2.3 Medieval and Early Modern History

2.2.4 Summary

3 Assessment of the Debate on Newspapers between Japan and Qing

3.1 Assessment by Yamashita Shigekazu

3.2 Outline of the Satow Memorandum and Its Assessment

3.2.1 Overview of the Satow Memorandum and Summary by Satow

3.2.2 Assessment by the Satow Memorandum

3.2.3 Key Aspects of the Assessment in the Satow Memorandum.

4 Background to the Assessment by the Satow Memorandum

4.1 Ryūkyū Attribution Issue within International Dispute Resolution Procedures

4.1.1 Grant's Mediation and International Dispute Resolution Procedures

4.1.2 Perception of the British Legation in Japan

4.2 Applicability of International Law

4.2.1 Perception Concerning the Intent of Japan and Qing

4.2.2 Satow's Knowledge of International Law

5 Conclusion

Part 2 Territorial Extensions in Modern Japan

Chapter 3 Acquisition of "Colonies" and Legal System of Japan

2 Constitution and International Law, and Sovereignty

2.1 Introduction of the Concept of Sovereignty

2.2 Existence of the Theory of National Polity

2.3 Sovereignty in International Law

2.4 Shuken (Sovereignty) and Tōchiken (Rights of Sovereignty) in the Meiji Constitution

3 Formation of Gaichi (Overseas Territory of Japan) and Its Concept

3.1 Colonial Lands (Gaichi) and Legislation

3.2 Cession of Taiwan

3.2.1 Background

3.2.2 Establishment of Taiwan's Legislation: Confusion over Act No. 63

3.2.3 Evaluation of Act No. 63

3.3 Background of the Sakhalin Cession

3.4 Korea

3.4.1 Background to the Korean Annexation

3.4.2 Structure of the Korea Governance Act

3.5 South Sea Islands

4 Systematization of the Laws of Gaichi and Their Problems

4.1 Questions Raised by Minobe Tatsukichi

4.2 Minobe's Theory on Constitutional Law and Gaichi

Acknowledgement

Chapter 4 The Concept of Leaseholds from the Perspective of Modern Japan

1.1 The Subject of This Chapter

1.2 Prior Research

2 Leaseholds in China

3 World Theory on the Nature of Leaseholds

4 Modern Japan's Understanding of the Concept of Leaseholds

4.1 Disguised Cession Theory

4.1.1 Takahashi Sakue.

4.1.2 Ninagawa Arata

4.1.3 Other Proponents

4.2 Non-cession Theory

4.2.1 Shinoda Jisaku

4.2.2 Other International Law Scholars and Practitioners

4.2.3 Scholars of Domestic Japanese Law

4.3 Examination of Theory in Japan

4.4 Views and Actions of the Japanese Government

4.4.1 Statements in the Imperial Diet by Director-General of the Cabinet Legislation Bureau Okano Keijirō

4.4.2 Various Issues Concerning Leaseholds and Japanese Diplomacy

4.5 Changes around World War I

Part 3 Intent and Time in Territorial Disputes

Chapter 5 The Arguments Based on "Law" in Territorial Disputes

1 Main Subject Matter of This Chapter

1.1 Discussions on the Relation to the Law

1.2 Structure of This Chapter

1.3 "Validity" of the Law

2 Claims of a Relation to the Law - "Historic Rights"

2.1 "Historic Rights"

2.2 Relationship between International Law and Arguments That Do Not Conform with International Law

2.3 International Law on Historic Rights

2.3.1

2.3.2

2.4 Requirements for the Establishment of Historic Rights

2.4.1

2.4.2

2.4.3

2.4.4

3 Intent and Time - The Main Elements in Determining the Relationship with the Law

3.1 "International Law"

3.2 Relationship between Protests and the Temporal Element of "Critical Dates"

3.2.1

3.2.2

3.2.3

3.3 Intent of Occupation and/or the Relationship between Effective Control and Protests

3.3.1

3.3.2

3.4 Absence of Protests from China Regarding Occupation and Acquisitive Prescription

3.4.1

3.4.2

3.5 Relationship between Prescription and Historic Title

3.5.1

4 Reconsideration of the Element of the "Effect of Intent" in Territorial Disputes

4.1 Aspects Involving the "Effect of Intent"

4.2 "Consent" in the Effect of Intent

4.2.1

4.2.2

4.3 "Consent" in Territorial Disputes.

5 Conclusion

Chapter 6 Significance of Silence in Territorial Disputes: Toward Legal Construction on "75 Years of Silence" regarding the Senkaku Islands (Pinnacle Islands)

2 Judicial Practices and Theories before World War II

2.1 Prescription and Correlation between Prescription and Acquiescence

2.1.1 Theories

2.1.2 Judicial Practices

2.2 Estoppel and Correlation between Estoppel and Acquiescence

2.2.1 Judicial Practices

2.2.2 Theories

3 Early Judicial Practices of the International Court of Justice

3.1 Fisheries Case (1951) - Prescription, Etc., and Acquiescence

3.1.1 Overview of the Judgement

3.1.2 Review of the Judgement

3.1.3 Prescription, Etc., and Acquiescence in Theories - Deepening Confusion

3.2 Temple of Preah Vihear Case (Merits) (1962) - Acquiescence and Estoppel

3.2.1 Overview of the Judgement

3.2.2 Review of the Judgement

3.2.3 Acquiescence and Estoppel in Theories - New Confusion

Chapter 7 Temporal Elements and Their Regulation in Determining Territorial Disputes: Practical Application to Territorial Disputes of Japan

2 Effect of Critical Date and Intertemporal Law in Judicial Practice

3 Application of the Doctrine of Critical Date and Intertemporal Law Principle in Judicial Practices regarding Territorial Disputes and Its Features

3.1 Strict Application of the Critical Date and Court Perspective

3.1.1 Application of Intertemporal Law from a "Current" Perspective

3.1.2 Respect for Contemporaneous Title and Supplementation with Modern Concepts

3.2 Easing of the Critical Date Function and Intertemporal Law Principle

3.2.1 Consideration of Facts and Acts That Occur after Critical Date and Applicability of Intertemporal Law Principle.

3.2.2 Avoiding Designation of a Critical Date and Application of Intertemporal Law Principle

4 Application of Critical Date and Intertemporal Law in Territorial Issues Involving Japan

4.1 Significance of Critical Date and Intertemporal Law in Territorial Disputes

4.2 Takeshima Issue

4.2.1 Critical Date

4.2.2 Application of Intertemporal Law

4.3 Senkaku Islands (Diaoyu Islands) Issue

4.3.1 Critical Date

4.3.2 Application of Intertemporal Law Principle

4.4 Meaning of Exemption from Application of Intertemporal Law Principle in the Context of the Decolonization Process

Part 4 Territorial Disputes in International Courts and Tribunals

Chapter 8 Application and Evaluation of "Pre-modern/ Non-European Territorial Control" in International Courts and Tribunals

2 International Judicial and Arbitral Cases Involving Pre-modern/Non-European Territorial Control

2.1 Eastern Greenland

2.2 Minquiers and Ecrehos

2.3 Western Sahara

2.4 Libya/Chad

2.5 Eritrea/Yemen

2.6 Kasikili/Sedudu Island

2.7 Qatar v. Bahrain

2.8 Cameroon v. Nigeria

2.9 Pulau Ligitan and Pulau Sipadan

2.10 Pedra Branca/Pulau Batu Puteh

3 Decisions on Territorial Attribution and Pre-modern/ Non-European Territorial Control

3.1 Purpose and/or Intent of Parties Invoking Pre-modern/ Non-European Territorial Control

3.2 Historic Title and Original Title

3.3 Responses of Courts and Tribunals - Is Pre-modern/Non-European Territorial Control Reviewed and/or Assessed?

Chapter 9 Recognition of the Existence of Territorial Sovereignty Disputes in International Courts and Tribunals: The Use of the Coastal State Litigation before the Annex vii Arbitration of the UN Convention on the Law of the Sea

1 Introduction.

2 Criteria for the Existence of Disputes under International Law.

Notes:

Description based on publisher supplied metadata and other sources.

Description based on print version record.

Includes index.

Includes bibliographical references and index.

ISBN:

9789004706361

9004706364

Publisher Number:

10.1163/9789004706361 DOI