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...

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Main Authors:	Ahmad, Muhamad Hassan, Ali Mohamed, Ashgar Ali, Ansari, Abdul Haseeb
Format:	Conference or Workshop Item
Language:	English
Published:	Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia 2017
Subjects:	KZ Law of Nations
Online Access:	http://irep.iium.edu.my/58744/ http://irep.iium.edu.my/58744/ http://irep.iium.edu.my/58744/1/58744.pdf

id	iium-58744
recordtype	eprints
spelling	iium-587442017-10-12T01:28:10Z http://irep.iium.edu.my/58744/ Effectivities: An imperative legal principle in resolving the Senkaku/Diaoyu Islands dispute Ahmad, Muhamad Hassan Ali Mohamed, Ashgar Ali Ansari, Abdul Haseeb KZ Law of Nations 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. Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia 2017 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/58744/1/58744.pdf Ahmad, Muhamad Hassan and Ali Mohamed, Ashgar Ali and Ansari, Abdul Haseeb (2017) Effectivities: An imperative legal principle in resolving the Senkaku/Diaoyu Islands dispute. In: International Conference on Dispute Resolution 2017 - Modern Trends in Effective Dispute Resolution, 9th-10th August 2017, Kuala Lumpur. https://icdr2017.org/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KZ Law of Nations
spellingShingle	KZ Law of Nations Ahmad, Muhamad Hassan Ali Mohamed, Ashgar Ali Ansari, Abdul Haseeb Effectivities: An imperative legal principle in resolving the Senkaku/Diaoyu Islands dispute
description	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.
format	Conference or Workshop Item
author	Ahmad, Muhamad Hassan Ali Mohamed, Ashgar Ali Ansari, Abdul Haseeb
author_facet	Ahmad, Muhamad Hassan Ali Mohamed, Ashgar Ali Ansari, Abdul Haseeb
author_sort	Ahmad, Muhamad Hassan
title	Effectivities: An imperative legal principle in resolving the Senkaku/Diaoyu Islands dispute
title_short	Effectivities: An imperative legal principle in resolving the Senkaku/Diaoyu Islands dispute
title_full	Effectivities: An imperative legal principle in resolving the Senkaku/Diaoyu Islands dispute
title_fullStr	Effectivities: An imperative legal principle in resolving the Senkaku/Diaoyu Islands dispute
title_full_unstemmed	Effectivities: An imperative legal principle in resolving the Senkaku/Diaoyu Islands dispute
title_sort	effectivities: an imperative legal principle in resolving the senkaku/diaoyu islands dispute
publisher	Ahmad Ibrahim Kulliyyah of Laws (AIKOL), International Islamic University Malaysia
publishDate	2017
url	http://irep.iium.edu.my/58744/ http://irep.iium.edu.my/58744/ http://irep.iium.edu.my/58744/1/58744.pdf
first_indexed	2023-09-18T21:23:06Z
last_indexed	2023-09-18T21:23:06Z
_version_	1777412013248479232

Effectivities: An imperative legal principle in resolving the Senkaku/Diaoyu Islands dispute

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