A Defense of Japanese Sovereignty over the Senkaku/ Diaoyu Islands

36 Pages Posted: 28 Jun 2013 Last revised: 19 Jan 2015

See all articles by Ryan Scoville

Ryan Scoville

Marquette University - Law School

Date Written: June 1, 2013


Legal analyses on the sovereignty dispute over the Senkaku/ Diaoyu Islands have been unfavorable to Japan. The literature is populated primarily with works by commentators who argue in favor of the Chinese claim, and by others who conclude that the applicable law is simply too indeterminate to support either party. Analyses favoring Japan are rare and underdeveloped. This is a surprising state of affairs, given that Japan has the better argument. The purpose of this paper is to explain why.

Keywords: sovereignty, Senkaku, Diaoyu, Japan, China, international law, acquisitive prescription

Suggested Citation

Scoville, Ryan M., A Defense of Japanese Sovereignty over the Senkaku/ Diaoyu Islands (June 1, 2013). George Washington International Law Review, 2014, Marquette Law School Legal Studies Paper No. 13-16, Available at SSRN: https://ssrn.com/abstract=2285190 or http://dx.doi.org/10.2139/ssrn.2285190

Ryan M. Scoville (Contact Author)

Marquette University - Law School ( email )

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