Effectivities: An imperative legal principle in resolving the Senkaku/Diaoyu Islands dispute
Since 1971, China, Taiwan and Japan have disputed over claiming sovereignty to the Senkaku/Diaoyu Islands in the East China Sea. These islands have been the subject matters of dispute due to the existence of oil deposits underneath and also being strategic location for exploitation of energy reso...
| Main Authors: | , , |
|---|---|
| Format: | Conference or Workshop Item |
| Language: | English |
| Published: |
Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
2017
|
| Subjects: | |
| Online Access: | http://irep.iium.edu.my/58744/ http://irep.iium.edu.my/58744/ http://irep.iium.edu.my/58744/1/58744.pdf |
| Summary: | Since 1971, China, Taiwan and Japan have disputed over claiming sovereignty to the
Senkaku/Diaoyu Islands in the East China Sea. These islands have been the subject
matters of dispute due to the existence of oil deposits underneath and also being strategic
location for exploitation of energy resources in the region. China claims historic title over
the Diaoyu Islands as these have been inherent part of it since ancient times. It further
contends that islands were seized by Japan during the 1895 Sino-Japan War. On the other
hand, Japan concedes that it had occupied the Senkaku Islands since 1895 while these
islands were terra nullius and totally uninhibited prior to that time. Besides, China had
never challenged Japanese exercise of sovereignty over these islands until 1971 in which
the United Nations reported to have substantial oil and gas reserves in the area. As far as
contemporary international adjudication is concerned, a state has immense prospect of
having title over the territory if it can prove the exercise of state sovereignty and ‘effective
control’ (effectivités) over the disputed territory. This is because international courts and
tribunals, in practice, predominantly draw attention solely on the element of effective
control in deciding the territorial and boundary disputes in spite of having various modes
and concepts of acquisition of territory under international law. Accordingly, this paper
intends to analyse critically the judicial interpretation and application of the principle of
‘effectivités’ by the international courts and tribunals in resolving inter-state territorial
and boundary disputes. In addition, it applies the said principle to the Senkaku/Diaoyu
Islands dispute and finally offers some feasible solutions to address the dispute among the
parties in peaceful manners under the purview of international law. |
|---|