The Senkakus: Actions to Keep The Situation Under Control
September 24, 2012
Japan Institute of International Affairs

Tensions have been rising between Japan and China over the Senkaku Islands.
In the light of historical facts and based on international law, it is clear that theSenkaku Islands are an inherent part of Japanese territory, and Japan exercises
effective control over these islands. China’s own assertion regarding theSenkaku Islands does not have valid grounds in international law.
Nevertheless, Japan believes that the issues regarding the Senkaku Islands
should not intensify the rift between Japan and China. The Japanese
government’s Cabinet Decision on September 11 to purchase the Senkaku
Islands is intended to keep peaceful and stable maintenance and control of theSenkaku Islands. The recent incidents of violence and looting directed against
Japanese nationals and companies in China in the wake of this decision,
however, are profoundly regrettable, and the Chinese government is reminded of
its obligation as a law-abiding state to protect the physical safety and property offoreign nationals. The Chinese government itself should also refrain fromdispatching government vessels to the sea areas surrounding the Senkaku
Islands as this would unnecessarily heighten tensions.
It is a fundamental rule of modern civilized society that the use of physical andviolent means against another country or its citizens is unacceptable, even if
there is a difference of views between the two countries. As “permanentneighbors,” Japan and China need to respond calmly to differences of views
between them. At the same time, Japan and China should also pursue
practical cooperation, as the two countries share various interests. On theother hand, Japan needs to respond firmly if and when its sovereignty is violatedby physical and violent means.
In view of the current circumstances surrounding the Senkaku Islands and in linewith the basic stance stated above, the Japan Institute of International Affairs
presents the following recommendations to the Government of Japan (GOJ).

1. The GOJ should strengthen security measures for the Senkaku Islands.
This will require significant improvements to the capacity and equipmentof the Japan Coast Guard. Specifically, this includes the steady
implementation of the current buildup plan for patrol vessels, including
large patrol vessels. At the same time, existing large patrol vessels
should be deployed as a matter of priority to the sea areas surrounding
the Senkaku Islands, and safer and more effective control using
non-lethal equipment should be pursued. Furthermore, to prevent a
miscalculation by the other side and thereby forestall an escalation oftensions, visible efforts should continue to be made to ensure arock-solid Japan-US alliance.
2. The GOJ should take every opportunity to demonstrate to theinternational community and facilitate its understanding that, in the lightof historical facts and based on international law, it is clear that theSenkaku Islands are an inherent part of Japanese territory. In thisconnection, it must be noted that the US has unquestionably treated theSenkaku Islands as Japanese territory – as evidenced by the US’
exercise of its administrative rights to the Senkaku Islands as part ofOkinawa under Article 3 of the 1951 San Francisco Peace Treaty andsetting up firing/bombing ranges on these islands, and by the US’ explicit
agreement in the Agreed Minutes for the 1972 Okinawa Reversion
Agreement that the Senkaku Islands are included within the scope of theterritory being returned to Japan under Article 1 of this Agreement (seeNote). This shows that the US cannot assume a neutral stanceregarding territorial rights to these islands. The GOJ should call the US
government’s attention to this point.
3. The GOJ should continue its level-headed approach to the issues
regarding the Senkaku Islands. At the same time, the GOJ should
point out to the Chinese government that it should ensure that physicaland violent measures are not tolerated or justified for any reason, andthat it should refrain from making provocative statements itself. TheGOJ should also urge the Chinese government that just compensation
should be made for the damages suffered by Japanese nationals andcompanies as a result of the recent incidents of violence and looting. If
China is to continue to be a destination of investment from not only
Japan but also other countries as well, it is essential that China takeappropriate measures worthy of a law-abiding country.

4. The GOJ should pursue practical Japan-China cooperation on maritime
issues, which is also important for advancing confidence-buildingbetween the two countries. Although Japan and China reached a basic
agreement in 2008 on joint development of resources in the East China
Sea, the Chinese government suspended the treaty negotiations in 2010,
and the negotiations have not resumed despite repeated urging byJapan. The GOJ should urge the Chinese government to agree to theearly restart of these negotiations. Furthermore, as a follow-up to thefirst round meeting of the Japan-China High-level Consultation on
Maritime Affairs held this past May, it is important to convene the next
meeting as soon as possible and, through this venue, to develop
confidence-building measures and crisis-management mechanisms
covering maritime affairs between Japan and China.

(Note) Agreed Minutes for the Okinawa Reversion Agreement (relevant excerpt)
Regarding Article I [of the Okinawa Reversion Agreement]:
The territories defined in paragraph 2 of Article I are the territories under theadministration of the United States of America under Article 3 of the Treaty ofPeace with Japan, and are, as designated under Civil Administration
Proclamation Number 27 of December 25, 1953, all of those islands, islets, atolls
and rocks situated in an area bounded by the straight lines connecting thefollowing coordinates in the listed order:
North Latitude
28 degrees
24 degrees
24 degrees
27 degrees
27 degrees
28 degrees
28 degrees

East Longitude
124 degrees 40 minutes
122 degrees
133 degrees
131 degrees 50 minutes
128 degrees 18 minutes
128 degrees 18 minutes
124 degrees 40 minutes