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Kul 5: Takeshima/Dokdo Dispute

Kul 5: Takeshima/Dokdo Dispute. Background Consists of two main islands Dongdo and Seodo and 33 small rocks and reefs. Dongdo 99.4m above the sea level and 65,000m sq in area. Seodo rises 174m above the sea level and 95,000 m sq in area.

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Kul 5: Takeshima/Dokdo Dispute

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  1. Kul 5: Takeshima/Dokdo Dispute Background Consists of two main islands Dongdo and Seodo and 33 small rocks and reefs. Dongdo 99.4m above the sea level and 65,000m sq in area. Seodo rises 174m above the sea level and 95,000 m sq in area. Separated by a 110-160m channel between the two. 3-10m in the depth of water. A combined land area of 186,121 sq meter situated in the East Sea/Sea of Japan.

  2. Location • East Longitude 131˚ 52'22“; The North Latitude 37˚ 14'18“. • Distance: 89 km from Uleungdo Island, Korea 160 km from Okishima Island, Japan • East Island (Dongdo in Korean) has a circumference of 1.9 kilometers and West Island (Seodo) has a circumference of 2.8 kilometers. • Located 87.8 kilometers (about 50 miles) from Korea's Ullungdo and can be seen from Ullungdo on a clear day. • They are 90 miles from Japan's Oki Islands.

  3. Names Dokdo by Korea (Has had several different names: Tokdo, Tokto, Usando, Gajido, Seokdo, and Sambongdo). No continuity in these names because, until this century, there was no residents on the islands. Some historical texts describe Dokdo as having three peaks when viewed from a certain angle – hence the name Sambongdo, which means “island of three peaks”. The “gaji” in Gajido comes from the old Korean word for seal.

  4. Names • Takeshima by Japan. (Other names Matsushima and Riyangkoto). • Liancourt Rocks by various Western explorers and colonial writers. Liancourt Rocks named after the French whaling ship that was the first Western vessel to chart their position in 1849.

  5. Korea • The first mention in official texts was as Usando in 512 in connection with a state known as Usanguk, which was incorporated into Korea’s Shilla Dynasty (57 BC to 935 AD).

  6. Facilities in Dokdo • South Korea has maintained a police station and a two-story lighthouse on Dokdo since August 1954 and equipped with Internet. • Mobile phone service also extends to Dokdo. • A helicopter pad was constructed later. • Fall under the jurisdiction of Ulleungdo and Gyeongbuk Provincial Police Agency

  7. Surveillance • The Korean military constantly monitors approaching ships and airplanes and responds if there is an attempt to illegally encroach. For example, the Air Force dispatched fighters in March 2005 after a civilian plane carrying Japanese media approached Dokdo without permission to enter the airspace around Dokdo.

  8. Korean Moves • In 1999, the Korean government designated Dokdo as an environmentally protected area in accordance with the Protection of Cultural Properties Act. • Dokdo was also recognized under a special act of the Preservation of the Ecosystem of Dokdo and other Island Groups in 2000.

  9. Around 37 police, Ministry of Maritime Affairs & Fisheries personnel and 3 • lighthouse keepers live on Dokdo. • Their role is to protect Korea’s sovereignty over Dokdo and provide security and assistance where necessary for local fishing vessels and visitors.

  10. Japan • The prefectural government of Shimane Prefecture declared February 22 as Takeshima Day. • Tokyo Gov did not approve of the local government’s move. • The date chosen coincided with the day in 1905 when the prefecture issued Notice No. 40, announcing the incorporation of the islands into the prefecture.

  11. Reaction from Korea • The immediate reaction in 2005 was the cancellation of a series of exchange programs and the postponement of a trip to Japan by Ban Ki Mun, the South Korean minister of foreign affairs and trade. Now Secretary-General of UN.

  12. Japan-South Korea Debate on Dokdo/Takeshima • Purpose: • This lesson permitting students to discuss/debate and make decisions as they relate to territorial disputes between Japan and South Korea over Dokdo/Takeshima. (Group A- Farhah, Group B- Wahyu) • Content of this debate is interdisciplinary with emphasis on geography, comparative government, current issues and history.

  13. R&R • Representatives from both parties will present their conflicting views. • After issues are presented, follow with a Q & A session. • Ask for a group consensus as to guidelines for settling the ownership issue. Jika memerlukan masa yang lebih perlu diteruskan semasa tutorial.

  14. Korea’s PositionArgument 1 • The first mention in official texts was as Usando in 512 in connection with a state known as Usanguk, which was incorporated into Korea’s Shilla Dynasty (57 BC to 935 AD).

  15. Argument 2 2. Dokdo is visible from Korea. Korean scholars contend that they have been claimed historically by Korea for centuries.

  16. Argument 3 3. Korea claims the Japanese historical accounts, maps and studies done in the 1960’s were not internationally approved.

  17. Argument 4 4. Koreans complain that the Japanese took advantage of Korea's political weakness vis-a-vis Japan in 1905.

  18. Argument 5 5. The government of Korea designated Dokdo ‘Natural Monument No. 336’ in 1982.

  19. Argument 6 6. Korea's sovereignty over Dokdo is so complete, both de jure and de facto, that it cannot be undermined by any unfounded foreign claims. South Korean G doesn’t want to bring this matter to ICJ. WHY?

  20. Historical Treaties by South Korea 1. The Protectorate Treaty of 1905 (Eulsa Treaty) or “Second Japan-Korea Agreement” was forced on Korea and lacks signatures of the King. 2. Korean Government Imperial Ordinance No. 41- Article 2- stipulates Dokdo as part of Korea. 3. SCAP (Supreme Command of the Allied Powers) issued order #677 on January 29, 1946, that specifically outlines Japanese territory for the occupation period. Dokdo was excluded from this list and remained off the occupation control list during the occupation period. 4. In the 1951 San Francisco Peace Treaty between Japan and former allied powers, the ownership of Dokdo was not settled in this treaty.

  21. Japan’s Position on DokdoArgument 1 The Japanese assert they had incorporated Dokdo, an island that they consider to be terra nullius, into the Japanese Empire on February 22, 1905. Japan claimed as terra nullius at the time Japan began exercising effective control over all of Korea. • This view can prevail only if the islets were legitimately terra nullius at the time of this annexation and if other countries acquiesced in the annexation.

  22. Argument 2 2. The Bureau of Japanese Fisheries issued a ten-year lease of the island for sea lion hunting to a Japanese fisherman named Yozaburo Nakai. Nakai requested exclusive rights to fish and hunt sea lion. The Japanese G took Nakai’s request one-step further and formally incorporated the island. Dokdo was officially declared part of Imperial Japan in February 1905.

  23. Nakai Yozaburo • On September 29, 1904, Nakai Yozaburo then filed his “Request for Territorial Incorporation of Liancourt Island and Its Lease” with the Japanese Ministries of Home Affairs, Foreign Affairs, and Agriculture and Commerce, asserting in his application that “the ownership of the island is undetermined” and that settling the ownership question is important to prevent “a keen competition . . . among sea lion hunters.

  24. Nakai • His application was approved on January 28, 1905, and the Japanese government decided “to incorporate into Japan’s territory a terra nullius in lat. 39◦9.30 N. and long. 131◦55 E., 85 nautical miles off Okinoshima, there being no evidence of its being occupied by any country; to call it Takeshima, and to place it under the jurisdiction of the administrator of Okinoshima

  25. Argument 3 3. Japanese officially entered the island’s name in the State Land Register for the Okinokuni on May 17, 1905. The Empire of Korea made no protest against Japan's annexation of Tokdo in 1905.

  26. Argument 4 4. During the Sino-Japanese and Russo-Japanese War, Korea encouraged the Japanese government encroachment in the form of imperialist behavior. The Foreign Ministry still believes the period of 1894-1910 was “internationally recognized” and therefore valid.

  27. Argument 5 5. In 1966, the Japanese MOFA produced an extensive study on the history of the island and used this study as the basis for Japan’s claim to sovereignty over Dokdo. This historical study states that Koreans lacked the proper navigation skills until the late 1800’s to reach Dokdo by boat.

  28. Argument 6 6. Dokdo is on the Japanese registers as part of the Shimane Prefecture. SCAPIN No.677 does not define Japanese territory, but is an administrative measure.

  29. Korea’s Occupation of Dokdo Since 1952 • With the announcement of the Peace Line in 1952 and the construction of a guarded lighthouse in 1954, Korea has physically possessed Dokdo for more than half a century. This activity could either: • (1) reinforce a long-standing historically established claim to sovereignty, or (2) establish a claim by prescription to gain control from Japan.

  30. Historical Treaties by Japan 1. San Francisco Peace Treaty did not resolve the legal ownership of Dokdo. 2. Article 8 of the Potsdam Declaration- Dokdo’s exclusion from Japan remained the SCAP (Supreme Command for the Allied Powers) policy throughout the occupation period of Japan. 3. Korea has refused to take the issue to the International Court of Justice.

  31. Japanese Action Since 1952 • The Japanese Diplomatic Bluebook of 1997 noted the conflicting positions taken by Japan and Korea, stating “it would not be appropriate to allow this issue to spark an emotional confrontation between the peoples of Japan and the ROK that might harm the friendly and cooperative bilateral relations.

  32. Should Japan Be Required to Do More than Issue Written Protests?. • The United Nations Charter and principles of customary international law require countries to resolve their disputes by peaceful means rather than by force. But, when one country exercises effective physical control over a territory, should another country that claims the territory be required to do something more than issue diplomatic protests to maintain the viability of its claim? Japan does send “patrol boats around the islets to back up its claims of ownership,” but is this enough?

  33. International Law • As mentioned in the first and second lectures: The international legal system has resolved ownership disputes over small islands and other territory by examining evidence related to the issues of: (a) Discovery (b) Effective occupation (c) Acquiescence (d) Contiguity (e) Etc Sometimes a claim based “effective occupation” and “acquiescence” will also be characterized as a claim of “prescription” or “acquisitive prescription.”

  34. Verdict? • Who Owns Dokdo/Takeshima? • Is Joint Development possible? • Issue of sovereignty? • Can both countries settle the dispute by themselves? • If not, better refer to ICJ?

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