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- Scopus: eid_2-s2.0-85015069198
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Article: Status Quo Post Bellum and the Legal Resolution of the Territorial Dispute between China and Japan over the Senkaku/Diaoyu Islands
Title | Status Quo Post Bellum and the Legal Resolution of the Territorial Dispute between China and Japan over the Senkaku/Diaoyu Islands |
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Authors | |
Issue Date | 2017 |
Publisher | Oxford University Press. The Journal's web site is located at http://ejil.oxfordjournals.org/ |
Citation | European Journal of International Law, 2017, v. 27, p. 979-1004 How to Cite? |
Abstract | This article ascertains whether Japan’s possession of the Senkaku/Diaoyu Islands has a legal basis that is opposable to China. It departs from the traditional approach that focuses on historic titles and ancient maps. It applies an alternative approach that is based on the status quo post bellum or the relative legal position of the parties at the end of armed hostilities. This approach is warranted by the practice of China, Japan and the Allied powers of defining the status quo in the East China Sea as a frame of reference for the future disposition of the islands. Primary records of their conduct in the period 1945–1952 reveal consensus that: (i) the islands are part of Nansei Shoto rather than of Formosa; (ii) they remained under the residual sovereignty of Japan and (iii) they were being claimed by Japan but not China. The conduct of the parties proximate to 1945–1956 indicate that there was no prior existing title to the islands that would contradict the status quo. Rather, during the period 1952 up to the critical date of 1970, the positive acts of the Republic of China and the acquiescence of the People’s Republic of China confirmed the status quo. |
Persistent Identifier | http://hdl.handle.net/10722/248415 |
ISSN | 2023 Impact Factor: 1.8 2023 SCImago Journal Rankings: 0.730 |
ISI Accession Number ID |
DC Field | Value | Language |
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dc.contributor.author | LOJA, SMH | - |
dc.date.accessioned | 2017-10-18T08:42:50Z | - |
dc.date.available | 2017-10-18T08:42:50Z | - |
dc.date.issued | 2017 | - |
dc.identifier.citation | European Journal of International Law, 2017, v. 27, p. 979-1004 | - |
dc.identifier.issn | 0938-5428 | - |
dc.identifier.uri | http://hdl.handle.net/10722/248415 | - |
dc.description.abstract | This article ascertains whether Japan’s possession of the Senkaku/Diaoyu Islands has a legal basis that is opposable to China. It departs from the traditional approach that focuses on historic titles and ancient maps. It applies an alternative approach that is based on the status quo post bellum or the relative legal position of the parties at the end of armed hostilities. This approach is warranted by the practice of China, Japan and the Allied powers of defining the status quo in the East China Sea as a frame of reference for the future disposition of the islands. Primary records of their conduct in the period 1945–1952 reveal consensus that: (i) the islands are part of Nansei Shoto rather than of Formosa; (ii) they remained under the residual sovereignty of Japan and (iii) they were being claimed by Japan but not China. The conduct of the parties proximate to 1945–1956 indicate that there was no prior existing title to the islands that would contradict the status quo. Rather, during the period 1952 up to the critical date of 1970, the positive acts of the Republic of China and the acquiescence of the People’s Republic of China confirmed the status quo. | - |
dc.language | eng | - |
dc.publisher | Oxford University Press. The Journal's web site is located at http://ejil.oxfordjournals.org/ | - |
dc.relation.ispartof | European Journal of International Law | - |
dc.rights | Pre-print: Journal Title] ©: [year] [owner as specified on the article] Published by Oxford University Press [on behalf of xxxxxx]. All rights reserved. Pre-print (Once an article is published, preprint notice should be amended to): This is an electronic version of an article published in [include the complete citation information for the final version of the Article as published in the print edition of the Journal.] Post-print: This is a pre-copy-editing, author-produced PDF of an article accepted for publication in [insert journal title] following peer review. The definitive publisher-authenticated version [insert complete citation information here] is available online at: xxxxxxx [insert URL that the author will receive upon publication here]. | - |
dc.title | Status Quo Post Bellum and the Legal Resolution of the Territorial Dispute between China and Japan over the Senkaku/Diaoyu Islands | - |
dc.type | Article | - |
dc.identifier.doi | 10.1093/ejil/chw050 | - |
dc.identifier.scopus | eid_2-s2.0-85015069198 | - |
dc.identifier.hkuros | 280715 | - |
dc.identifier.volume | 27 | - |
dc.identifier.spage | 979 | - |
dc.identifier.epage | 1004 | - |
dc.identifier.isi | WOS:000398269500006 | - |
dc.publisher.place | United Kingdom | - |
dc.identifier.issnl | 0938-5428 | - |