A Defense of Japanese Sovereignty over the Senkaku/ Diaoyu Islands

Abstract

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