Takeshima/Dokdo island disputes

8/16/2019 Takeshima/Dokdo island disputes

http://slidepdf.com/reader/full/takeshimadokdo-island-disputes 1/16

Author : Fatin Tiny

College of Law and International Studies

Universiti Utara Malaysia.

1.1 Introduction

Takeshima/Dokdo Island is generally island without inhabitant. The problem dispute of

it occur because of overlapping of territory among South Korea and Japan. ctually the

Takeshima have a different named according to different disputant. South Korea name it as

!Dokdo" as a solitary island and Japan named it as !Takeshima" as a bamboo island.

Takeshima/Dokdo Island have two islet that names as #ishi$ima and %igashi$ima. The

position of Takeshima Island is in east &lleungdo Island of South Korea and in Southest of

'ki Island of Japan. This map show the position of Takeshima Island from &lleungdo Island

of South Korea and 'ki Island of Japan.

Image sources ( )avel Kamushkin*

+eferring to diagram ,., shows* Takeshima Island is located -, kilometer around ,0

nautical miles from South Korea and --1 kilometer around , nautical miles from Japan.

Today* Takeshima is still remain unhabited by human 23ccurry* J* -1,14.

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%istorically* Korea was under colonial of Japan during -1 century in ,5,1 and got

independence from Japan after the 6orld 6ar II 266II4 in ,50. During pre7war* Takeshima

Island is under control of South Korea where in ,511* South Korea has officially

incorporating Takeshima/Dokdo Island into modern &lleungdo country. That is because for

them* there have no evidence that show Takeshima is under Japan sovereignty 28erkshire*

J.3* -1,04. That islet is develop since colonial era by their natural resources that get

attraction by Jappanese and South Korean to fishing* built house to living temporary and

anchoring ship and also as a stopover place 2Stevan J. 8arber* -1,4. In the post war* after

declare independence of Korea* both country still have a good relationship where they have

bilateral relation and they are share the geographical location* common democratic and

market economic system and they also share value of natural security partner with each other

2)olman* 3* -1,4. Japan claiming the Takeshima Island in ,9 century 2Jackson. :* -1,4*

the first round disputes and make their relationship going bad is started in ,5- and their

relation is going fragile for more si; decade where it was e;tended to fourth round dispute in

-11< 2=yo* 3. K* -1154. South Korea claim that Takeshima/Dokdo is their territory based on

the documentation history of South Korea that stated the Takeshima at the early is no

ownership and has been unite with the South Korea during Shilla Dynasty in ,- century D*

and Japan claim that Takeshima is their territory based on greement of San >rancisco ,5,

that declare ! Japan recognizing the independence of Korea, renounce all right, tittle and

claim to Korea including the islands of Quelpart, Port Hamilton and Degelet ". %owever* in

this agreement Japan did not discuss about Takeshima Island but based on South Korea* this

is incuding the Takeshima 2&tami =ita Syafitri* -1,-4.

)reviously* in ,55< Japan and South Korea has together declare the ?;clusive

?conomic @one 2??@4 in the Sea of Japan. The Sea of Japan is limited* so that the

delimitation of their maritime based on their bilateral negotiation in Japan 'cean and it cause

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the disputes of this island. >or the ne;t stage* Japan want to bring this cases to International

Aourt of Justice 2IAJ4 but unfortunately South Korea are resisted to it because based on South

Korea* there has nothing to discuss in IAJ because for them Takeshima is legally of their

territory. The picture below is show the Takeshima Island from the &lleungdo of South

Korea. These images deny the allegations of Japanese historians that Takeshima is not visible

from Korean territory but actually the history was record that Takeshima is visible from

&lluengdo Island of South Korea. So that until today the current status of Takeshima is still

under South Korea Territory 2=yo* 3. K* -1154.

Images sources( %istorical facts about KoreaBs Takeshima Island

.! "ro#le$ state$ent

ccording to research conducted by scholars* the disputant territory of South Korea and

Japan(

Takeshima or DokdoC There are many unknown to be discovered. The clarification from

both South Korea and Japan somehow seem convincing and benefit only themselves. 8esides

that* the research will also include the important of Takeshima/Dokdo for them which destroy

their relations. There will become war between South Korean and Japan because of

Takeshima disputesC nd also which states actually has sovereign to Takeshima Island.

%.! &esearch o#'ective

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The research ob$ective is related with the problem statement. Therefore* the ob$ective of the

research is to find out(

,. +eason why South Korea and Japan are so obsess to get Takeshima Island.-. ook of Takeshima Island under Treaty and based on International aw prospect.

&nder the treaty* we can see the status of Takeshima island for both country after

66II that was stipulated for them and also according to International aw it show to

us the distance measurements of that island from both side* so it can describe which

country should get the island legally.

(.! &eason why )a*an and South +orea are o#sess to ,ee* Ta,eshi$a Island

(.1 -cono$ic factor

?conomic will be one of the main factor that should be consider in the disputes at

Takeshima Island. In fact* the economic factor will be the most important and influence factor

in the disputes. This is because state only act according to their national interest* and they

tend to avoid conflict because it may tarnish reputation of a state and also breaking

diplomatic ties. The contiguous Eone of Takeshima is value with the marine resources that

can give benefit to future. Since Takeshima has a great potential of economic* especially in

term of fishing industry and resources of hydrates gas* hence it is important for South Korea

and Japan in term of national interest 2?mmers* +* -1,14.

(. as /ydrates

Takeshima Island is value with the gas hydrates. t the same times* South Korean and

Japan are lacking of oil and hydrates gas so that they want to e;ploit it at Takeshima. 6hile

the demand of hydrates gas is always increase to accommodate their population of their

country. In -11* South Korea has promote the hydrates gas and +FD organiEation to e;pand

the gas technological with cooperation with the merica. In -119* the government of South

4



Korea find <11 million tons of hydrates gas in ,11 km from the Southeast &lleungdo Island

that it can be use around 1 year* so they believe that there are still available of it in the sea of

Japan including the Takashima which there has never discovery of it in that islet. 8esides

that* South Korea do the e;ploration of gas hydrate surrounding the Takeshima Island that

own by South Korea =as Aorporation and also has $ointly by Korea #ational 'il and

ustraliaBs 6oodside )etroleum. 8ecause of lacking of gas hydrates* there also has ,11

percent of iGuid #atural =as 2#=4 that import by South Korea and Japan also import most

#= until ?ast Ahina Sea to fulfil their national demand. This is main reason why both of

them are fighting to get that islet 2?mmers* +* -1,14.

(.% Marine resources

Takeshima Island have huge potential in marine resources and it is increase every

year. The main value is the fish resource. The wealth of marine fish being Takeshima have a

higher value despite their unhabitat and land are unvariation. In the ocean of its territory* the

current conditioned from the northern region of the earth and current hot from south of the

earth converge in Takeshima cause the increasing of the plankton there. 8ecause of it* there

have many migration of fish at the ocean and automatically increase the Guantity of the fish.

There have around -1*111 tons of fish that caught at Takeshima. The characteristic of plant

here is different with the Southern Je$u Island that is due to the fact that the plant at

Takeshima have a characteristic which same with the Eone climate subtropics at the northern

earth. The wealth of marine resources at this island can be utiliEe to the establishment the new

country. In South Korea* there have around ,111 species of fish and it show indicator in

Takeshima Island. ccording to #ational >isheries +esearch and Development Institute* in

,55 there have around 1 of fishing vessel at Takeshima Island. The fisherman used the

methods offshore $igging* drift nets* trap nets* and middle trawl catches. The most famous

methods is the sGuid $igging and it has been used until today. The fishing activities can be

5





anti7Japanese sentiment of South Korea. That is because the anti7Japanese sentiment among

South Korea deeply come from the historical background of South Korea during Japanese

colonialism. The sentiment also linked by the action of Japan government that celebrate the

Takeshima Day in every year* and they also insert the Takeshima in their syllabus of learning

in Japan. So it got protest from South Korea including their student 2ankov* * -1,4. This

picture below show the protest that making by South KoreanBs students.

Source( ndrei ankov* fromhttp (/ /w ww.al$aEeera.com/indepth/opin ion/-1,/ 1/ south7

korea7nationalist7passions7,11119<0.html.

South Korea do various way to conGuer the Takeshima Island to make sure that it do

not fall into Japan including incorporate that islet into &lleungdo as a modern &lleungdo

country since ,511. So it actually linked to nationalism of South Korea in the term of

tourism. Due to the status of &lluengdo Island as a nature reserve* the &lleungdo Island

thrive as a tourism island. In &lleungdo* there have a ferry service prepared by South Korea

to tourism. In -11* the tourism there is ,19 and increase to ,59 in -110. In -11* the

tourism is 0,*111 and increase to ,11*111 in -119. It show that the tourism in Takeshima is

increase every year. The tourism at Takeshima not only come by ferry from &lleungdo

Island* but they also come by helicopter* naval vessels and also administrative ship. s a

result* the total of vacation people there is increase every year 2Stevan J. 8arber* -1,4.

0ational interest of )a*an

7



Japan have a background of claimant because national contempt by South Korea

because of claimant the Takeshima Island 2%eemin* K.* 1154. ccording to Japan* Takeshima

is a territory that not include in return back the territory to South Korea after they defeat in

66 II 2%eemin* K* -1154. Japan assume that the Takeshima Island territory is a terra nullius

which is not ownership territory and Japan registered that island to prefecture Shimane in --

>ebruary ,51. Japan also stipulated that on -- >eb is a Takeshima Day 2Searn* >* -11,4.

ctually* Takeshima is important to nationalism of Japan while another their island

claim such as Senkaku and Kuril seem weak to them. Japan is an archipelago country* which

<.- island is under their sovereignty. 8ased on data of 6orld 8ank in -1,-* Japan have

population around ,-9.< billion and they also one of the populous country. So that is a

problem to Japan because their population are increase every year while at the same time

their territory is limited to increase their technology. So that according to Japan* if they get

that islet* so they can took their military as a military training until they can control the

military power of great country such as +ussia and Ahina. So that this is a big nationalism of

Japan actually. The nationalism of $apan get supported from their people where in -1, Japan

also do the research around 111 their community to ask about ownership of the Takeshima

and ma$ority of them argued that Japan has right position to claim it based on their history

and rule of International aw. So that it sparked enthusiasm to Japan to claim that island. 'n

the other hand* by ownership of Takeshima* Japan automatically can increase their economic

2Didah #adEifatussaBdiyah* -1,04.

.! Ta,eshi$a Island #ased on International Law "ros*ect

Ta,eshi$a23o,do under International Law clai$ #y #oth South +orea and )a*an

To determine the ownership in disputes of Takeshima/Dokdo Island* modes of

acGuiring territory in international law will be the best standard and guidance. To obtain a

8



territory* there have to be several fulfilment to be concerned* occupation and prescription will

be the most essential condition.

The activity that undergo at the Takeshima before will be the best to determine

whether it is terra nullius status or vice versa. Japan claim that Takeshima was not being

inhabited and also without the legal owner* at the same time there are no evidence that show

the Takeshima is under South Korea. Terra nullius play an important role in JapanBs claim

over the sovereignty of Takeshima Island. Therefore Japan $ustify that the Takashima was in

terra nullius status and Japan had use applied international law to occupy that island. In ,51*

the cabinet of Japan declare their sovereignty of Takeshima and reaffirmed that the islet is

part of 'ki Island 23inistry of >oreign ffairs of Japan* -1,04.

%owever* South Korea oppose the Japan argument because for them* Takeshima

should be their territory based on the history. ccording to South Korea* Takeshima is legally

under their sovereignty and there has nothing to discus with Japan about it. 8ased on South

Korea the agreement of San >rancisco ,5, is including the given of Takeshima island 2=yo*

3. K* -1154.

Territory 3iscovery Condition and -ffective 4ccu*ation Control

3eanwhile* Japan claim is more towards the discovery of territory according to

occupation in international law. ?ffective occupation in international law is one of the earliest

rules to obtain sovereignty of a territory. 6hich means a state that first discovers territory will

own it legally. To prove Japan is the first state that discover the Takeshima* the historic will

play an important role. Japan claim that the sovereignty of Takeshima recorded in ,9 century.

During colonial of Japan in South Korea* Takeshima is part of the Japanese control which is

they utiliEed it to fishing and they argue that South Korea never used that island at the time.

To prove it there have evidence that recorded history that the island was visiting by the

9



Japanese fisherman of abalone and sea lion. That is first recorded evidence that show

Takeshima is under Japan during ,<1. 8ut the problem that weaken of Japan is they are

never do anything into Takeshima Island since ,5, until now.

.1 Ta,eshi$a Island According To treaty and Law of the Sea

fter Japan defeat in 66II* the status of Takeshima Island is become more

complicated. South Korea blaming Japan that they want to sei;ed that island from them that it

legally their territory. So that by referring to Aairo Declaration ,50* )ostdam Declaration

,50 and also )eace Treaty of San >rancisco ,5,* it is mandatory decide that the position of

Takeshima actually. +esearch have to be done to find out which country claim is more

convincing* therefore I shall clarify by using Aairo Declaration ,50* )ostdam Declaration

,50 and Treaty of San >rancisco ,5, 2Kim* #. %. -1154.

Cairo 3eclaration 15(%

During the post 66II* Japan never stop to conGuer other countries* including Korea

and they also do war with Ahina. During Japanese defeat in 66II and the Aairo Declaration

stated that $apan has agreed to return back other territory which was anne;ed by force since

the time of Sino Japanese 6ar ,50 until ,5 including the Takeshima Island and they also

agreed to give independence of Korea. So that it is mandatory to Japan to follow the Aairo

Declaration when they are agreed with the condition of it. Korea was very concern about the

sovereignty of that islet because they claim it is part of their territory* so for them the content

of Aairo Declaration is reasonable for them. The Aairo Declaration actually as a way to shape

10



back the Japan after they are defeat and it is including the territory that they are seiEe by force

2Kim* #. %. -1154.

"ostda$ 3eclaration 15(

The )ostdam Declaration is a surrender unconditionally of Japan. The declaration

purpose to ensure the declaration of Aairo will be obey and also the sovereignty of Japan will

be limited under other territories. fter bombing of %iroshima and #agasaki* the leader of

allied power ask $apan to surrender without conditionally. So that they will occupied the

Japan to do the comprehensive reform. Korea get all their territory and at the same time they

get independence that relevant with the declaration of Aairo and )ostdam. 8ecause of the

defeat of Japan in 66II* Japan was force to accept the term due to their surrender. Japan had

to face the possibilities of losing that islet under the $udgement from the llies. ctually* the

declaration of )ostdam does not contain any word about Takeshima because the function of

this declaration is only to strengthening the declaration of Aairo and make sure Japan are

return the anne;ed territory back to South Korea. 6hen refer to the category of international

law* this declaration is under the soft law category and to some e;tent it does not legally bind

a state officially 2Kim* #. %. -1154.

"eace Treaty of San Francisco 151

The treaty of San >rancisco was sign by 0 countries in September ,5, at the San

>rancisco. +egarding the cases of Korean island* the stipulated of San >rancisco is ! Japan,

recognizing the independence of Korea, renounces all rights, title and claims to Korea,

including the islands of Quelpart, Port Hamilton and Dagelet”. 8ut* there is no provision

that conclude about the Takeshima in this treaty. 8ased on South Korea* this treaty is

including the return back of Takeshima island and after several months South Korea has

insert this islet into their territory to do the reformation 2Kim* #.%* -1154.

11



. The &estriction of Mariti$e 6order in Law of The Sea

The issue of restriction on maritime border is the main concern in Takeshima Island.

South Korea and Japan is member of &nited #ations Aonvention on The aw of The Sea

2&#A'S4. &#A'S was legitimiEe the sea territory within ,- nautical miles of coastline of

coastal state and also providing them sovereignty over the sea territory. In this case* coastal

state therefore may e;plore and e;ploit those resource within their ?;clusive ?conomic @one

2??@4 which include -11 nautical miles of the continental shelf 2Ahurchill. +. +* F owe *

:* ,5554. s ??@ enable a state to practice sovereignty and e;ploitation of resource* a

coastline state like South Korea will definitely try to e;pand their area of ??@ as large as

possible. Japan as the coastline state that will also try to claim as much area as possible to

turning them into their ??@. This map below show the location of Takeshima according to

&#A'S.

Sources( Dokdo Island 3ap* from https(// www.google.c om/searc hCGthe picture ofT

K?S%I3IS#Dbasedon&#A'SFesps-Fbiw,-0-FbihFsourcelnmsFtbmischF

saLFved1ah&K?wi<m7uw$rfJh&%Ao0K%b5=DTM&I8ygAtbmischFGD'KD'IS

#D3)SFimgrc.

+egarding the diagram above* Takeshima is within the area of ??@ for South Korea

and Japan. &nder the article 9 &#A'S based on ??@* actually both country are Gualified

12



to claim a sum of -11 nautical miles from their coastline. The coastline of South Korea will

have to possess 011 nautical miles to ensure overlapping does not occur. 6hen we see that

the islet from South Korea is around ,0 nautical miles and from Japan is , nautical miles

and the total both country is -5 nautical miles* so that the overlapping is unavailable.

ctually* both country has a right to claim the Takeshima island when refer to

maritime border. ccording to &#A'S* when there have a conflict arise due to the

limitation of ??@ among country* they should negotiate and figure out resolution according

to principle of eGuality and peace to avoid war between them. The &#A'S only resolve the

condition to retrieve ??@ but they do not state any approach to resolve those overlapping

??@. nother approach of &#A'S to see this ??@ move towards which country is using

e7uidistant line between both countries 2Stevan J. 8arber* -1,4. So this map below show

the eGuidistant line of Takeshima between &lleungdo and 'ki in Japan.

Source( Stevan J. 8arber. %istorical >acts about KoreaBs Dokdo Island. Dokdo7

Takeshima* from http(//www.dokdo7takeshima.com/why7$apan7cant7have7dokdo7i.html.

13



+eferring this map above* it clearly place the Takeshima Island to South Korea as

legally as Japan. ccording to the rticle ,- ,5 Territorial Sea Aonvention* ?Guidistance

can be define as

“The line every point of hich is e!uidistant from the nearest points of the "aselines

from hich the "readth of the territorial sea of each of the to states is measured”

The definition of it also have in =eneva Aonvention ,5 on the Territorial Sea and

Aontiguous @one. In this convention* the eGuidistance line is refer to the line which have the

same distance between two states nearby and it may use only to refer the boundary that define

by the principle of eGuidistance between two neighbouring state. So that line show that South

Korea can get the island legally. 2Ahurchill. +. +* F owe * :* ,5554.

Conclusion

Takeshima/Dokdo is not only concerning the ownership of a piece of land at the

middle of the sea* at the same time it will allow its owner to get benefit in term of economic*

security and politic. South Korea claim that Takeshima is their territory based on the Treaty

of San >rancisco and the history that it is legally their territory actually. Japan claim that they

are first discovery of that island but the history was record that they are never do nothing to it

and only South Korea have manage it. There are difficult to solve this dispute although by

using maritime border in aw of The Sea or International aw* but when we see that in the

line of eGuidistance of that islet from both side* South Korea more nearest with the islet. So

that as for me South Korea is a country that eligible to own that island because eGuidistance

line show the legal position of it.

14



&eference

8erkshire. J. 3. 23ay ,* -1,04. The IAJ and the Dokdo/Takeshima Dispute. The Diplomat#

+etrieve on #ovember -* -1,* from* http(//thediplomat.com/-1,0/1/the7ic$7and7the7

dokdotakeshima7dispute/.

Ahurchill* +. + F owe . :. 2,5554. The la of the sea $%rd edition&# 3anchester(

3anchester &niversity )ress.

Daku Hamasaki. 2ugust ,0* -114. Japan has ta'en steps over a long(time period in order to "ring the Ta'eshima issue to the )nternational *ourt of Justice, and ultimately the

international community ill +udge this issue#

Didah #adEifatussaBdiyah. 2-1,04. paya penyelesaian seng'eta 'epulauan liancourt antara

'orea selatan dan +epang tahun -../(-.0%.

?gie Sagita 2-1,14. paya diplomati' 'orea selatan(+epang terhadap penyelesaian seng'eta

'epulauan do'do#

=yo* 3. K. 2-1154. )sland disputes and maritime regime "uilding in 1ast 2sia( "eteen a

roc' and a hard place. ondon. Springer.

Jackson* :. 2pril -1* -1,4. %ow to >i; the Japan7South Korea +elationship. The Diplomat#

+etrieved on - #ovember -1,* from http(//thediplomat.com/-1,/10/how7to7fi;7the7

$apan7south7korea7relationship/.

Junggoo* 3. 2n.d4. 3arine 4iving 5esources

15



Kim* %ee3in* 2-1154. 2 6e 2pproach to the Territorial Dispute )nvolving a 7ormer

*olonizer(*olony Pair8 The *ase of the Do'do(Ta'eshima Dispute "eteen Japan and

Korea#

Kim* #. % 2-1154. The #9# and the Territorial Dispute on Do'do:Ta'eshima "eteen Japan

and Korea, 0;</(0;/<#

ankov* . 2,1 3arch* -1,4. South KoreaNs nationalist passions. 2l Jazeera# +etrieve on on

- #ovember -1,* from http(//www.al$aEeera.com/indepth/opinion/-1,/1/south7

korea7nationalist7passions7,11119<0.html.

)olmann* 3. 2July -9* -1,4. The Troubled Japan7South Korea +elationship. The Diplomat .

+etrieved on - #ovember -1,* from http(//thediplomat.com/-1,/19/the7troubled7

$apan7south7korea7relationship/.

Searn* >. 2-1,4. To'do or Ta'eshima= The )nternational 4a of Territorial 2c!uisition in the

Japan(Korea )sland Dispute#

Stevan J. 8arber 2-1157-1,4. Historical 7acts a"out Korea>s Do'do )sland . +etrieve on -

#ovember -1,* from http(//www.dokdo7takeshima.com/.

Stevan J. 8arber. 2-1157-1,4. Historical 7acts a"out Korea>s Do'do )sland . +etrieve on -

#ovember -1,* from http(//www.dokdo7takeshima.com/why7$apan7cant7have7dokdo7

i.html.

Stevan J. 8arber. 2-1157-1,4. Historical 7acts a"out Korea>s Do'do )sland . +etrieve on -

#ovember -1,* from http(//www.dokdo7takeshima.com/why7$apan7cant7have7dokdo7

ii.html.

&tami =ita Syafitri. 2-1,-4. 9eng'eta Pulau Do'do antara Jepang dan Korea 9elatan#

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Takeshima/Dokdo island disputes

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