Last week’s unfortunate decision by the Japanese government to buy three islands in the Diaoyutai Archipelago has contributed to heightening tensions in the East China Sea. It has also called into question Tokyo’s commitment to respecting ROC sovereignty over the territory and desire to maintain robust Taiwan-Japan relations.
For many, the timing of Japan’s move to “nationalize” the islands could not be worse. With the 81st anniversary of the Mukden Incident falling Sept. 18, feelings in Taiwan and mainland China were running high. Tokyo would have been well served to avoid such a shortsighted action that succeeded only in reopening old wounds.
If Taiwan-Japan ties are to continue going from strength to strength, then Tokyo must acknowledge ROC sovereignty over the Diaoyutais based on geographical affinity, geological composition, relevant historical evidence and international law.
When the Diaoyutais were annexed by Japan in January 1895, it was not done so as “occupation of terra nullius.” In fact, the islands were part of China’s defense system during the Ming dynasty (1368-1644), and later placed under the jurisdiction of Taiwan by the Qing dynasty (1644-1911).
Irrefutable evidence of these actions exists in records produced by Qing officials and Fujian and Taiwan prefecture gazetteers.
Centuries of Chinese use of the Diaoyutais cannot be erased by Japan’s decision to seize the archipelago during the first Sino-Japanese War of 1894-1895. This act, which was ordered by the Japanese government in a cabinet meeting, was hidden from the world until the declassification of Japanese diplomatic records in 1953.
Such a move violates international law on the acquisition of territory and makes Tokyo’s claims of sovereignty over the Diaoyutais invalid, null and void.
Furthermore, the Diaoyutais were returned to the ROC, along with Taiwan, based on the Cairo and Postdam declarations, the Instrument of Surrender of Japan, the San Francisco Treaty and the Treaty of Peace between the ROC and Japan.
Given the events of the past week, the best way forward for Japan is to embrace the ROC government’s East China Sea peace initiative and join other parties in forging a path of coexistence and mutual prosperity.
In reaffirming ROC sovereignty over the Diaoyutais, the five-point plan urges all parties to refrain from antagonistic actions; not abandon dialogue; observe international law; resolve disputes through peaceful means; and form a mechanism for exploring and developing resources on a cooperative basis.
The initiative, which stands as an important contribution to maintaining stability and security, is worthy of consideration by all governments in the region. It is also one Japan must pay greater attention to in the days ahead.
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