Masao Shimojo

The Senkaku Islands Were No Man’s Land
Masao Shimojo*

Abstract
Chinaʼs State Oceanic Administrationʼs website cites the “Basic Facts on Diaoyu Dao” toargue that the Senkaku Islands are Chinese territory. Although the Chinese government
insists on making territorial claims on the Senkaku Islands by presenting what it calls four
“Basic Facts on Diaoyu Dao,” the analysis in this review shows that China has no historical
title to the Senkaku Islands.
The “Basic Facts on Diaoyu Dao” states as the basis for claiming the islands as Chineseterritory that “China had jurisdiction over the islands for several hundred years.” However,Taiwan and the Pescadores Islands were affiliate islands of the Ryukyu Kingdom, according
to the Da Ming yitong zhi, and were alien lands according to the Dili zhi in Mingshi, an
official history of the Ming. The Chinese governmentʼs insistence that it has controlled
the Senkaku Islands for several hundred years is totally groundless. The perception ofJilong Fort (or Mt. Jilong) as the northern limit of Taiwan Prefecture remained unchanged
throughout the Qing era. What this means is that the Senkaku Islands, which are situated
170 kilometers northwest of the northern limit of Taiwan, were not affiliated with Taiwan
Prefecture. The relationship between the Senkaku Islands and Taiwan clearly showsthat the Chinese argument, to the effect that “Diaoyu Dao and its affiliated islands are an
integral part of China; Chinaʼs sovereignty over them has been established both historicallyand in terms of international law,” cannot be sustained. Besides, the Chinese governmentʼsargument that “In accordance with the Treaty of Shimonoseki, Diaoyu Dao and its affiliatedislands were ceded to Japan, along with Taiwan and its affiliated islands”, which it presents
as one of the “Basic Facts on Diaoyu Dao”, is totally groundless.
Zhai Kun was saying that Mt. Jilong was the boundary of the Qing Dynasty and Kumejima
was the boundary of the Ryukyu Kingdom. The Senkaku Islands, which lie between Mt.
Jilong and Kumejima, did not belong to either the Qing Empire or the Ryukyu Kingdom. To
apply a modern legal expression, this means that the Senkaku Islands were terra nullius (nomanʼs land).

Introduction

The Senkaku Islands became a Japanese territory on January 14, 1895 (28th Year ofMeiji) by a decision of the countryʼs cabinet that day. Before that, the islands had been
terra nullius (no manʼs land). Through the cabinet decision, the islands came underthe valid control of Japan, except for a period following Japanʼs defeat in the Pacific
War when the islands were put under the military administration of the United States.

*Masao Shimojo is a visiting professor at Tokai Universityʼs Institute of Oceanic Research andDevelopment, and at the University of Shimane.

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The Senkaku Islands Were No Man’s Land

The governments of China and Taiwan began to show interest in the Senkaku Islands because
the Okinawa Reversion Agreement (officially known as the Agreement between Japan and theUnited States of America concerning the Ryukyu Islands and the Daito Islands) of June 1971
included the Senkaku Islands in the territories to be reverted to Japan.
After Taiwan issued a Ministry of Foreign Affairs announcement in June 1971 saying that the“Tiaoyutai Islands [Senkaku Islands] belong to Taiwan Province and are an integral part of theRepublic of China,” the Chinese government (the government of the Peopleʼs Republic of China)also made an announcement in December of the same year:[The Diaoyu Islands (Senkaku Islands) and its affiliated islands] are islands attachedto Taiwan. Like Taiwan, they have been an inseparable part of the Chinese territor ysince ancient times. It is a blatant violation of Chinaʼs territorial sovereignty to include
the Diaoyu Islands among territories to be reverted to Japan in the Okinawa Reversion
Agreement that the two governments recently concluded.
The Chinese people are determined to recover Diaoyu and other islands appertaining toTaiwan.
This statement is the genesis of the Chinese governmentʼs current classification of theRyukyu Islands as Chinaʼs “first island chain” and Taiwan and the Senkaku Islands as its “coreinterests.”
In recent years, the China Coast Guardʼs ships have frequently made provocative intrusions
into Japanese territorial waters surrounding the Senkaku Islands. The Chinese intrusions can betraced back to September 7, 2010, when a Japanese Coast Guard cutter was intentionally rammed
by a Chinese fishing vessel. On December 30, 2014, Chinaʼs State Oceanic Administration
launched a website entitled “Diaoyu Dao: The Inherent Territory of China” that documents theChina Coast Guardʼs numerous violations of Japanese territorial waters.

1. Have the Senkaku Islands historically been Chinese territor y?

The State Oceanic Administrationʼs website cites the following four “Basic Facts on Diaoyu Dao”
to argue that the Senkaku Islands are Chinese territory:
1. Diaoyu Dao and its affiliated islands are an inseparable part of the Chinese territory; Chinaʼssovereignty over them has been established both historically and in terms of international law.
2. China had jurisdiction over Diaoyu Dao and its affiliated islands several hundred years before
Japan discovered them.
3. In accordance with the Treaty of Shimonoseki, Diaoyu Dao and its affiliated islands were ceded
to Japan, along with Taiwan and its affiliated islands. However, all of the islands were returned
to China after World War II in accordance with provisions of the Cairo Declaration, the Potsdam
Declaration, and the Japanese Instrument of Surrender.
4. Chinaʼs determination to protect the fruits of its victor y in an anti-Fascist war will not beshaken. China has the confidence and capability to thwart Japanʼs acts in defiance of historicalfact and international law, and to maintain peace and order in the region.
Of these four points, the third item contains an obvious factual error. While China claims that
“In accordance with the Treaty of Shimonoseki, Diaoyu Dao and its affiliated islands were cededto Japan,” it is a historical fact that the Senkaku Islands became a Japanese territory through acabinet decision on January 14, 1895. The Japanese act came prior to the signing of the Treatyof Shimonoseki, which took place on April 17 of the same year. In other words, the Treaty of4
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Shimonoseki had nothing to do with the incorporation of the Senkaku Islands into Japan. Thisshows that what the Chinese claim to be historical facts are erroneous.

2. Taiwan was not Ming territor y in the fifteenth centur yWhat are the grounds for the Chinese territorial claim on the Senkaku Islands? According tothe “Basic Facts on Diaoyu Dao,” “China had jurisdiction over the islands for several hundredyears.” Let us analyze this claim by reviewing the history of the Ming Dynasty. The most reliable
document for this purpose is Da Ming yitong zhi (Comprehensive gazetteer of the Ming Dynasty),
the official regional topographical record of the Ming Dynasty. Each dynasty in China, all ofwhich historically were centralized states, had a tradition of recording the territory under its
jurisdiction in its own imperially commissioned topographical records. An examination of thereference to Taiwan in Da Ming yitong zhi reveals that both Taiwan and the Pescadores Islands
were described as islands affiliated with the Ryukyu Kingdom. Sections of Dili zhi (Administrativegeography) in Mingshi (History of the Ming Dynasty), an official history of the Ming, reveal thatTaiwan was considered a foreign land, as were Korea, Annam (Vietnam), Japan, and the Ryukyus.
This shows that at least one of the “Basic Facts” on which China bases its argument―that “China
had jurisdiction over the islands for several hundred years”―is historically groundless.
When did Taiwan become a part of Chinese territory? The following reference to Taiwan isfound in the Da Qing yitong zhi (Comprehensive gazetteer of the Great Qing Realm), from thereign of Emperor Qianlong (see photo 1):

Photo 1: Taiwan Prefecture Map in Da Qing yitong zhi
The region has been a frontier since ancient times. The people there do not havedealings with China, and the land has been called an eastern area for barbarians(Tong Fan). People from Japan gathered there during the early years of the Tianqi
Era in the Ming Dynasty, and Zheng Zhilong followed them. Subsequently, Taiwan
became occupied by red-haired Dutch barbarians.
As shown above, before the Qing Dynasty, Taiwan was not governed by China. During theMing Dynasty, people from Japan lived in Taiwan, and the island was later occupied by the Dutch.
This version of the Da Qing yitong zhi explicitly states that Taiwan belonged to Japan.
The Chinese government has claimed that the Senkaku Islands are Chinese territory, citing
the Shun feng xiang song (Voyage with a tail wind), a navigational guide supposedly compiledin the fifteenth century. It was in the Qing period, however, not in the Ming period, that Taiwan
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became a part of Chinese territory. It is a historical fact that Taiwan and the Pescadores Islands
were affiliated islands of the Ryukyu Kingdom, according to the Da Ming yitong zhi, and werealien lands according to the Dili zhi in Mingshi, an official history of the Ming. The Chinese
governmentʼs insistence that it has controlled the Senkaku Islands for several hundred years istotally groundless.

3. The Qing Dynasty and Taiwan
It was in 1684 (23rd Year of Kangxi) that Taiwan, which had once been described as a Japanese
territor y by the Da Qing yitong zhi from the reign of Emperor Qianlong, became a Chinese
territory. At this time, Taiwan belonged to Fujian Province, and was called Taiwan Prefecture.
The question is how far into Taiwan the Qing was able to extend its jurisdiction, and whether theSenkaku Islands were included in the territory under Qing jurisdiction.
According to the Taiwanfu zhi (Annals of Taiwan Prefecture) compiled by Jiang Yuying during
the reign of Emperor Kangxi, the northern limit of Taiwan Prefecture was Jilong Fort, which
was 2,315 li away from the southernmost point in Taiwan. Jilong Fort was located in present-day
Keelung City. Another Taiwanfu zhi, compiled by Gao Gongqian and others in 1696 (35th Yearof Kangxi), confirms that the vicinity of present-day Keelung City was the northern border ofTaiwan. This document clearly states that Mt. Jilong, 2,315 li north of the southernmost point inTaiwan, was jiè (the boundary line).
This perception of Jilong Fort (or Mt. Jilong) as the northern limit of Taiwan Prefecture
remained unchanged throughout the Qing era. What this means is that the Senkaku Islands,
which are situated 170 kilometers northwest of the northern limit of Taiwan, were not affiliatedwith Taiwan Prefecture.
This goes to show that the Chinese governmentʼs argument that “In accordance with theTreaty of Shimonoseki, Diaoyu Dao and its affiliated islands were ceded to Japan, along withTaiwan and its affiliated islands”, which it presents as one of the “Basic Facts on Diaoyu Dao”, istotally groundless.
What was Taiwan Prefecture like? Both Taiwanfu zhi compiled by Jiang Yuying and Chong xiu
Taiwanfu zhi (Annals of Taiwan Prefecture expanded) compiled by Xian Fan and others carry theComprehensive Map of Taiwan Prefecture. In these maps, Jilong Fort or Mt. Jilong, or both, weredepicted as the northern limit of Taiwan (see photo 2).

Photo 2: “Comprehensive Map of Taiwan Prefecture”
in Chongxiu Taiwanfu zhi
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During the reign of Emperor Kangxi, the Kanxi Huang’yu chuanlan tu (Complete atlas of theempire) was produced, which presented an accurate map of Taiwan (see photo 3).

Photo 3: “Map of Taiwan” in Kanxi Huang’yu chuanlan tu

This Kanxi Huang’yu chuanlan tu was the result of a geographical sur vey that EmperorKangxi had commissioned the Jesuits to conduct. The information in the atlas was later usedin Da Qing yitong zhi and “ Drawings of Taiwan ” in Qinding gujin tushu jicheng (Imperialencyclopedia). “Drawings of Taiwan” (see photo 4) shows the northern border line of Taiwan as
Jilong Fort jiè (boundary line). This confirms that the border of Taiwan was Jilong Fort or Mt.
Jilong.

Photo 4: “Drawings of Taiwan” in Qinding gujin tushu jicheng

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This fact was inconvenient for China, which wished to depict the Senkaku Islands as anintegral part of China. What the Chinese decided to use instead to back up their argument wasrecords of the Qingʼs missions to the Ryukyus, including those that described navigational routes.
These records include Shi Liuqiu lu (Record of a mission to the Ryukyus) by Tao Kan (1534),
Chongbian Shi Liuqiu lu (Record of a mission to the Ryukyus: updated version) by Guo Rulin(1562), Shi Liuqiu zalu (Account of a mission to the Ryukyus) by Wang-chi (1683), Liuqiuguozhilue (A short history of the Ryukyus) by Zhou Huang (1756), Shi Liuqiu lu (Record of a mission
to the Ryukyus) by Li Dingyuan (1800), and Xu Liuqiuguo zhilue (A short history of the Ryukyus,continued) by Zhai Kun (1808).
While these travel records say the emissaries caught glimpses of the Senkaku Islands
while sailing near them, the documents do not constitute evidence that these islands wereQing territories. While Huang Chao Zhong Wai Yi Tong Yu Di Zong Tu (Atlas of the Great QingDynasty) compiled during the Qing era includes references to Uotsuri-shima, Kuba-shima(Kobi-sho), and Taisho-to (Akao-sho) of the Senkaku Islands, Zhai Kun, who visited the Ryukyu
Kingdom as the Qingʼs emissary during the same period, characterized Mt. Jilong in Taiwan as aborder for the Qing Dynasty.
A poetr y anthology compiled by Zhai Kun, Dongying baiyong (One Hundred Verses fromthe East) contains a poem titled “Eight Poems in Sailing” (Hanghai bayong) that describes hisvoyage to Naha of the Ryukyus. Zhai composed a poem “Mt. Jilong―The Mountain Appeared
After Passing Through Taiwan Prefecture,” when passing near Taiwan. In the poem, he said Mt.
Jilong “appeared to mark the frontier of the Qing Dynasty.” This passage is evidence that Zhai
Kun perceived Mt. Jilong of Taiwan province to be the boundary of the Qing Dynasty (see photo5). Furthermore, he also wrote that Mt. Jilong, the border of China in “Duhaiyin” in Dongyingbaiyong. In a word, Zhai Kun, an envoy from the Chinese Emperor who crossed to the Ryukyu
Kingdom, considered that Mt. Jilong as the boundary of the Qing Dynasty.

Photo 5: Dongying baiyong

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4. The Senkaku Islands were no man’s land
Why did Zhai Kun claim Mt. Jilong to be the boundary of the Qing Dynasty? This was because
the Qing had conquered Taiwan in 1684 (23rd Year of Kangxi) and established Taiwan Prefecture,
while defining Mt. Jilong as the northern limit of the Qingʼs territory. This fact is also confirmed
by Taiwanfu zhi compiled by Jiang Yuying and Chong xiu Taiwanfu zhi compiled by Xian Fan andothers. When the Jesuits produced Kanxi Huang’yu chuanlan tu, the contents of the atlas wereincorporated into Da Qing yitong zhi and “Drawings of Taiwan” in Qinding gujin tushu jicheng.
These two works show Jilong Fort and Mt. Jilong, in the vicinity of present-day Keelung City, as
the northern border line (jiè) of Taiwan Prefecture.
To whom did the Senkaku Islands belong? The answer lies in Zhai Kunʼs Dongying baiyong.
Zhai wrote about Gumishan (Kumejima) as his ship neared the Ryukyu Kingdom. In thefootnote to this verse, he wrote that this mountain (island) was within the boundar y of theRyukyu Kingdom. In other words, Zhai was saying that Mt. Jilong was the boundary of the Qing
Dynasty and Kumejima was the boundary of the Ryukyu Kingdom. The Senkaku Islands, which
lie between Mt. Jilong and Kumejima, did not belong to either the Qing Empire or the Ryukyu
Kingdom. To apply a modern legal expression, this means that the Senkaku Islands were terra
nullius (no manʼs land).

5. Taiwan in later days and the Senkaku Islands
This perception that Mt. Jilong/Jilong Fort was the northern border of Taiwan carried on
unchanged into the era of the Republic of China. Later documents such as the Huang-chao xu
wen-xian-tong-kao (Encyclopedia of the historical records of the Imperial Dynasty) of 1912 and theQingshigao (Draft to a history of the Qing) of 1927 (16th Year of the Republic of China) also showthat the Senkaku Islands were not territory of the Republic of China.
This fact can also be confirmed by the timing of the incorporation into Taiwan of islets suchas Huaping and Pengjia, which are located between the Senkaku Islands and Taiwan. According
to the Chi-lung shih zhi (Record of Keelung City) published in 1951, it was in 1905 (31st Year ofGuangxu) that islets such as Keelung, Pengjia, Mianhua, and Huaping were incorporated intoKeelung City. The Senkaku Islands are located some 150 kilometers away to the east-northeast ofthese islets.
This overview of the relationship between the Senkaku Islands and Taiwan clearly showsthat the Chinese argument, to the effect that “Diaoyu Dao [Senkaku Islands] and its affiliatedislands are an integral part of China; Chinaʼs sovereignty over them has been established both
historically and in terms of international law,” cannot be sustained.
The insistence that “ China had jurisdiction over Diaoyu Dao [Senkaku Islands]and its
affiliated islands several hundred years before Japan discovered them” is also confirmed to beuntrue.
The argument that “in accordance with the Treaty of Shimonoseki, Diaoyu Dao and its
affiliated islands were ceded to Japan” is also factually wrong.
Although the Chinese government insists on making territorial claims on the Senkaku Islands
by presenting what it calls four “Basic Facts on Diaoyu Dao,” the analysis in this review showsthat China has no historical title to the Senkaku Islands. If the Chinese government still continues
to violate Japanese territorial waters in the vicinity of the Senkaku Islands and take unlawful
possession of these islands, Japan, to borrow the language in Chinaʼs declaration, must have “theconfidence and capability to thwart” Chinaʼs “acts in defiance of historical fact and internationallaw, and to maintain peace and order in the region.”

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