Introduction - THIMUN Singapore · The Hague International Model United Nations, Singapore 2019 | XV Annual Session Research Report | Page 1 of 16 Forum: General Assembly Sixth Committee

The Hague International Model United Nations, Singapore 2019 | XV Annual Session

Research Report | Page 1 of 16

Forum: General Assembly Sixth Committee

Issue: The question of the continuing conflict regarding Senkaku/Diaoyu

Dao/Diaoyutai Islands

Student Officer: Jingyi (Elina) Du, Akhil Venkatesh, Mollie Cheng

Position: Chairs of Sixth Committee

Introduction

The Senkaku/Diaoyu Dao/Diaoyutai Islands are a group of islands (not inhabited) in the East

China Sea. With its geographical location, the Senkaku/Diaoyu Dao/Diaoyutai Islands are roughly the

same distance (see figure 1) to China, Japan and Taiwan (Republic of China). This foreshadows the

disputes on the ownership of these islands.

The Senkaku/Diaoyu Dao/Diaoyutai Islands dispute have planted its roots in the last century, or

even way before. According to the Japanese side, the Senkaku/Diaoyu Dao/Diaoyutai Islands had been

under Japanese administration since 1895. On the contrary, China believes that the Senkaku/Diaoyu

Dao/Diaoyutai Islands have always been a part of Chinese territory and should be returned as a part of

the Treaty of San Francisco after the defeat of Japan at the end of the World War II along with Taiwan.

The situation was further complicated by United States involvement.

Besides their historical troubles, the islands have a great abundance of resources --- translating

into enormous wealth in terms of mineral resources, fisheries, and trade routes. This of course, means

that they lend themselves for provocations very well. Due to the abundance of natural resources such as

oil, gas, and fishery, the Senkaku/Diaoyu Dao/Diaoyutai Islands have become the center of attention.

Naturally, the importance of holding these islands have grown for China, Japan, and Taiwan after the

United Nations Economic Commission for Asia and the Far East announced that this region “appears to

have great promise as a future oil province of the world.”

The dispute was upgraded to military conflicts after 2012, when the Japanese government

bought the islands back from private entrepreneurs. At first, private fishing ships constantly set out from

China to test the Japanese control over the islands. After several ships have been taken down, the

conflict sublimated to creating air defense identification zone and constant friction near the region. In

recent years, there seemed to be a decrease in the conflicts around the islands. Although China and



Japan are expecting a change in their relationship, no specific agreements have been made on the

Senkaku/Diaoyu Dao/Diaoyutai Islands disputes. This means that it is still necessary for the international

community to look for solutions.

Definition of Key Terms

The Senkaku/Diaoyu Dao/Diaoyutai Islands

The Senkaku/Diaoyu Dao/Diaoyutai Islands refers to a group of uninhabited islands in the East

China Sea. They are the topic of a large territorial dispute between mainly China and Japan,

surrounding ownership and sovereignty of the land. Understanding the history and economic

importance of the Senkaku/Diaoyu Dao/Diaoyutai Islands will be of utmost importance to all

delegates.

Figure 1: Illustration of the conflict region

Territorial Disputes/Claims

Territorial claims and disputes are disagreements over the possession/control of land (the land

being the Senkaku/Diaoyu Dao/Diaoyutai Islands) between two or more territorial entities (in this

case being China and Japan). In regards to the issue at hand, China claims that the territory is

theirs, and Japan does the same - resulting in a disagreement over the ownership of the land, thus

creating a territorial dispute.

Exclusive Economic Zone (EEZ)

An Exclusive Economic Zone (EEZ) is a concept that was adopted at the Third United Nations

Conference on the Law of the Sea (1982), whereby a coastal State assumes jurisdiction over the

exploration and exploitation of marine resources in its adjacent section of the continental shelf, taken



to be a band extending 200 miles from the shore. The EEZ comprises of an area which extends

either from the coast, or in federal systems, from the seaward boundaries of the constituent states (3

to 12 nautical miles, in most cases) to 200 nautical miles (370 kilometres) off the coast. Within this

area, nations claim and exercise sovereign rights and exclusive fishery management authority over

all fish and all continental shelf fishery resources. In the context of the issue, the Senkaku/Diaoyu

Dao/Diaoyutai Islands are considered to be an EEZ.

Sovereignty

Put simply, sovereignty is defined as the full right and power of a governing body to govern itself

without the influence or intervention of external sources. Most countries today have sovereignty,

usually through their governments, thus allowing them to control the processes and events that take

place in their nation, as well as manage their populations and enforce their own laws and ways of

life. There are also references to sovereignty in the UN Charter, namely Articles 2(1) and 2(7), that

“the Organization is based on the principle of the sovereign equality of all its Members. Nothing

contained in the present Charter shall authorize the United Nations to intervene in matters which are

essentially within the domestic jurisdiction of any state or shall require the Members to submit such

matters to settlement under the present Charter; but this principle shall not prejudice the application

of enforcement measures under Chapter Vll.” These articles signify that sovereignty truly cannot be

touched by external forces. Yet, in the case of the issue, it somewhat contradicts the core principles

of the UN.

Sovereignty can also be acquired by a state from another - this is known as the acquisition of

sovereignty. There are various modes of acquisition, such as but not limited to:

● Cession - the transfer of territory from one state to another usually by means of treaty;

● Occupation - the acquisition of territory that belongs to no state, or terra nullius;

● Prescription - the effective control of territory of another acquiescing state;

● Operations of nature - the acquisition of territory through natural processes like river accretion or volcanism;

● Creation - the process by which new land is reclaimed from the sea, such as in the Netherlands;

● Adjudication - a formal judgement on a disputed matter;

● Conquest - an invasion or assumption of control.

However, there are certain assets, or parts that can and cannot belong to a country. Below is an

illustration of the aforementioned:



Figure 2: Illustration of the Limits of National Jurisdiction and Sovereignty

Background Information

Military and territorial competition results from strained political relations

Before the 20th century, the Senkaku/Diaoyu Dao/Diaoyutai Islands were considered of little

importance. However, the tense political climate between Japan and China during the early 1900s

sparked territorial and military competition. Japan claims that in January 1895, when it defeated China

and seized sovereignty over Taiwan during the Sino- Japanese War, it had rightfully taken ownership of

the Senkaku/Diaoyu Dao/Diaoyutai Islands. However, China states that the Japanese illegally obtained

the islands and forced Chinese officials from the Qing dynasty into signing the Treaty of Shimonoseki

after losing the war. After World War II, the Chinese government cited the 1943 Cairo Declaration and

the 1945 Potsdam Proclamation and declared that "according to international law, the Diaoyu Island and

its affiliated islands have already been returned to China," but Japan quickly retaliated by declaring that it

had never given up the land when signing the San Francisco Peace Treaty in 1951. Tensions died down

after a while, as no clear resolution was in sight.

Discovery of oil deposits and economic assets increases tension

In 1971, however, competition for territory was sparked once again by the Economic Commission

for Asia and the Far East (ECAFE) when the mission reported rich oil deposits beneath the seabed of

waters near the Senkaku/Diaoyu Dao/Diaoyutai Islands. Shortly after, Taiwan, China, and Japan each

filed territorial claims in hopes of securing the region for themselves. China justified its sovereignty over

the islands, advocating that Chinese explorers discovered the land and claimed it as part of their territory

during the 15th century. The Chinese government also states that the water surrounding the islands



have been considered traditional Chinese fishing grounds for centuries. Japan, on the other hand,

refuted China’s reasoning and referenced a Japanese mission in the 1800’s which found that the islands

were “uninhabited and showed no signs of Chinese occupation.” According to Japanese officials, neither

China nor Taiwan have ever endeavored to gain sovereignty over the land. These two conflicting

arguments set the foundation for a decades-old conflict now known as the Senkaku/Diaoyu

Dao/Diaoyutai Islands dispute.

Geographic location and importance of the islands

Obtaining the Senkaku/Diaoyu Dao/Diaoyutai Islands comes with several economic and strategic

advantages that all parties in this conflict seek to enjoy. Japan, the 4th largest export economy in the

world, sees the islands as an opportunity to further broaden its influence on international trade and

obtain lucrative natural resources such as oil, gas, and mineral deposits surrounding the land. China, on

the other hand, hopes to fulfill its sovereignty claims on the islands due to an ongoing three way

competition between China, Japan, and the United States for dominance in the Asia-Pacific region. If

China is able to successfully control the Senkaku/Diaoyu Dao/Diaoyutai Islands, its military supremacy in

the area would surpass that of the United States, whereas a US victory would secure the United States’s

place as the most prominent influencer of the Asia-Pacific region.

Figure 3: An in-depth map of the region surrounding the islands



Recent Developments

In 2012, the Japanese government reached an agreement with a family of private owners that

control three of the five total islands that comprise the Senkaku/Diaoyu Dao/Diaoyutai Islands. This

recent addition of new territory enraged those in the Chinese capital Beijing as well as Taiwan. Media

footage displays demonstrators plundering Japanese villages and restaurants as well as demolishing

Japanese-made items such as cars and imported furniture. In 2013, China implemented their plan to

create an air defence identification zone. It declared that any commercial activity was to be reported

immediately to the Chinese government. This plan, however, was met by resentment on the Japanese

side, as the zone overlapped with that of Japan’s. In 2014, former US president Barack Obama declared

that the United States believes “historically [the islands have] been administered by Japan and should

not be subject to change unilaterally” and publicized the US’s support for Japan and its territorial

endeavors in the Asia-Pacific region.

Major Countries and Organizations Involved

China

Despite protests from the Japanese, China has been “slowly but steadily” violating the original

borders by sending both military ships and fishing boats into Japanese territory. After creating the

Chinese identification zone in 2013, the government proceeded to drill holes near the median line, which

was originally drawn to restore peace between China and Japan. "We will not compromise on, concede

or trade on territory and sovereignty, nor will we tolerate them being infringed on even a little bit,"

declared Defense Minister Chang Wanquan in April 2016. China Daily reports that the government sees

the 2012 Japanese private purchase as an infringement on China’s sovereignty and a blatant disregard

of the unwritten agreement between the two parties to “shelve the issue for future generations to solve.”

China claims that "on the bases of [the islands’] discovery, its inclusion into its defense perimeter

from Japanese pirates during the Ming dynasty, and its incorporation into China as part of Taiwan in the

Qing dynasty… [and] maintains [the islands] were ceded to Japan at the end of the first Sino-Japanese

War in April of the same year." Although Japan argues that the islands were discovered to be

uninhabited during the 17th century, the Chinese government claims that this fact does not imply that the

islands were “terra nullius”, or an unoccupied territory entitled to the first nation that discovers it,

according to international law.

Japan



Historically, Japan has been proactive in its efforts to claim the Senkaku/Diaoyu Dao/ Diaoyutai

Islands, investing a total sum of $600 million since 1987 in order to prevent the territory from

disappearing due to rising sea levels. Japanese media reported that June 10th marked the 60th

consecutive day that China’s military vessels have traveled within the borders of the Senkaku Islands.

The Japanese government believes that China’s activities near the islands are part of its plan to seize

the region without using military force. Japan hopes to “ensure the international community adequately

understands China’s attempts to change the status quo” and “employ information power and disseminate

the details of Chinese activity around the Senkakus.” In 2019, Japan began to steadily increase its coast

guard and defense budget in preparation for any further unforeseen conflicts.

The government maintains that the Senkaku/Diaoyu Dao/Diaoyutai Islands remain under

Japanese sovereignty in accordance with modern international laws. Whereas China claims that its rival

had ceded the islands after World War II, the Japanese Ministry of Foreign Affairs argues that “The

Senkaku Islands were not included in the territory which Japan renounced under Article 2 of the San

Francisco Peace Treaty of 1951 that legally defined the territory of Japan after World War II.” Japan also

claims sovereignty over the islands due to their tax levies on private owners and law enforcement in the

region. The government firmly believes that “none of the points raised by the Government of China and

the Taiwanese authorities...provide valid grounds in light of international law to support their sovereignty

over the Islands.”

The United States of America

The United States of America has been involved in competition over Asian-Pacific territory for

quite some time, and the Senkaku/Diaoyu Dao/Diaoyutai Islands could either help the United States

become the most militarily dominant country in the region or cause the US to fall behind its current rival-

China. In 2014, US President Barack Obama confirmed the country’s support for Japan. For the United

States, preventing China from seizing the islands is a strategic move that could ensure its own economic

advantage. Militarily, the United States hopes to impede Chinese efforts towards territorial

advancements. Ever since 2007, the US has been involved in an informal dialogue with other democratic

countries such as Japan, Australia and India called the Quadrilateral Security Dialogue (Quad), in

response to China’s increased economic and military power over countries located in the Asia-Pacific

region. As the US-China political climate heats up due to both military strife and trade wars, obtaining the

Senkaku/Diaoyu Dao/Diaoyutai Islands would confirm US hegemony in the South China Sea, opening

up new economic opportunities such as the exchange of arms with countries around China for both

economic gains and a military advantage over the Chinese government.



Timeline of Events

Date

Description of event

1368-1912

The Ming Dynasty placed Diaoyutai under the Chinese coastal defense.

Chinese books published during this era mention Diaoyutai. During the Qing

Dynasty, the Qing Court placed the islands under the jurisdiction of the local

government of Taiwan.

1894-1895

The Qing Dynasty of China lost the first Sino-Japanese War and the Treaty of

Shimonoseki was signed for China to recognize that Korea was independent.

Taiwanese territory was also ceded, which technically includes Diaoyutai,

Penghu Islands, and the Liaodong Peninsula in Manchuria (Japan took

ownership of the aforementioned land).

1937 The Second Sino-Japanese War started.

1945

Japan surrendered to the US-led allied nations at the end of WW2. General

Order No. 1 was signed which ended the Japanese rule of Taiwan. The

United States also occupied the Okinawa prefecture.

1952

The Treaty of San Francisco was signed, without the mention of Senkaku

Island.

1968

The UN Economic Commission for Asia and the Pacific reported that there

may be potential undersea oil reserves in the territory.

1971

The governments of China and Taiwan formally declared ownership of the

islands.

1975

The Sino-Japanese peace treaty attempt failed. China refused Japanese

proposals.

August 12, 1978

Japan and China signed the Treaty of Peace and Friendship between each

other (PFT).

2004

A group of Chinese “Baodiao movement” activists landed on one of the

disputed islands. Prime Minister Junichiro Koizumi ordered their deportation

after 2 days.

2007

Japan denounced the attempted landing of Chinese nationalist militants from

the “Baodiao movement”.

2008 A Taiwanese fishing vessel and a boat from Japan Coast guard collided.



2010

A Chinese fishing boat rammed 2 Japanese coast guard patrol boats off the

islands. The boat’s captain was arrested but was released in 2 weeks after

diplomatic debates.

August 15-19, 2012

14 pro-China activists sailed to the islands to assert Chinese sovereignty

claims. Five swam ashore before the Japanese coast guard detained all the

activists and deported them. 10 Japanese nationalists landed on Uotsuri

Island to assert Japan's sovereignty claim, ignoring Tokyo's warning that the

landing was unauthorized.

September 10-14, 2012

Japan’s government said it had decided to purchase the disputed islands

from a private Japanese owner in an effort, Tokyo claimed, aimed at diffusing

territorial tensions. Six Chinese surveillance ships sailed into waters around

the Diaoyu Islands to assert China’s territorial claims and for “law

enforcement”, leaving after seven hours.


The biggest anti-Japanese protests since China and Japan normalised

diplomatic relations in 1972 were held in cities across China. The Japanese

embassy in Beijing was besieged by thousands of protesters throwing rocks,

eggs and bottles. Two Japanese activists landed on the Diaoyu Islands while

widespread anti-Japanese protests had been held across China at the

anniversary of Japan's invasion of Manchuria.


81 Taiwanese trawlers accompanied by a dozen Taiwan Coast Guard patrol

boats patrolled off the islands to defend the sovereignty of the Republic of

China on the islands and Taiwan’s fishing rights in the area.

January 24, 2013

Taiwan Diaoyu Islands Protecting Association planned to send a statue of

Matsu to the islands but was obstructed by Japanese official boats on its

journey.

November 5-27, 2013

America and Japan held joint military drills in the sea areas around Diaoyu

Islands. China announced the establishment of the East China Sea Air

Defense Identification Zone (ADIZ) - a zone allowing it to “identify, monitor,

control, and react to aircraft entering the zone with potential air threats”. The

United States of America pledged support for Japan in the dispute against

China.

Relevant UN Treaties and Events

● Letter dated 72/05/24 from the Permanent Representative of Japan to the President of the

Security Council, 24 May 1972.

http://www.scmp.com/news/hong-kong/article/1033735/japan-buy-disputed-islands-angering-china

http://www.scmp.com/news/china/article/1038920/china-surveillance-mission-diaoyu-islands-%E2%80%98successful%E2%80%99

http://www.scmp.com/news/china/article/1038920/china-surveillance-mission-diaoyu-islands-%E2%80%98successful%E2%80%99

http://www.scmp.com/news/china/article/1037977/protesters-islands-row-vent-fury-japanese-firms

http://www.scmp.com/news/china/article/1039610/japan-warns-chinese-ship-near-disputed-isles



● Law of the sea : report of the Secretary-General (communications exchanged between China and

the Secretary-General), 30 December 1996.

● Law of the sea : report of the Secretary-General (communication exchanged between Japan and

the Secretary-General), 20 February 1997.

● General debate of the 67th session of the General Assembly, 27 September 2012.

● Letter dated 24 October 2012 from the Permanent Representative of Japan to the United Nations

addressed to the President of the General Assembly, 8 November 2012.

*See Appendix I for a non-UN treaty highly relevant to the issue.

Previous Attempts to Solve the Issue

Economic pacts

There have been attempts to resolve the dispute between China, Japan and Taiwan, in which the

negotiations between Japan and Taiwan had shown some success. In April 2013, Japan and Taiwan

made a pact on sharing their administrations of the finishing resources in the Exclusive Economic Zones

(EEZs) they both claimed near the Senkaku/Diaoyu Dao/Diaoyutai Islands. According to the agreement,

the waters south of 27 degrees north latitude and north of the Yaeyama Islands --- with the exception of

the disputed Senkaku/Diaoyu Dao/Diaoyutai Islands --- should be open to both sides, regardless of the

jurisdiction of both countries’ law enforcement. Japan, in concern with Taiwan’s possible alliance with

China, decided to make a concession. Taiwan, accordingly, differentiated its approached with China’s.

On the other hand, tension-relief between China and Japan had not been ideal. In June 2008, the

two nations agreed upon joint exploration near the “median line” declared by Japan for oil and gas

sources --- the Chunxiao/Shirakaba gas and oil fields. This agreement guaranteed no infringement of

either side’s legal claims in the Senkaku/Diaoyu Dao/Diaoyutai area. Unfortunately, the peace achieved

by the compromise did not last long and have failed in the implementation of the agreement. Due to

intense domestic criticism, China had withdrawn from implementing the agreement, for its people

believed that China should not have conceded so much.

Summit meetings

After the Japanese government intended to purchase the Senkaku/Diaoyu Dao/Diaoyutai Islands

from their individual owners, outrageous protests broke out and spread across China. In addition to

public demonstrations, frictions between the China-Japan broader around the Senkaku/Diaoyu

Dao/Diaoyutai Islands deepened the conflict. To cope with the conflict raised by the disputed islands,

Japan takes measures to mitigate the intense relationship with China. On November 11, 2017, the Prime



Minister of Japan and the President of China together held a Summit Meeting while visiting VietNam for

the Asia-Pacific Economic Cooperation Economic Leaders’ Meeting. The two sides recognized each

other’s achievements, expressed their friendly intentions on improving the bilateral relationship, and

discussed future cooperation. Towards the end of the meeting, both leaders confirmed this meeting

would be a witness of a new beginning for the two nations’ relationship. The rising aggression before the

meeting seemed to decline. Domestic unrest in China had been turned down. In the following year,

Chinese premier Li Keqiang and Japanese prime minister Shinzo Abe visited the other country,

respectively. Despite the imitaged relationship, the two countries did not propose any clear resolutions. A

steady step has to be taken to directly solve the problem.

Possible Solutions

Unfortunately, keeping peace and balance in the region proves to be quite a feat, seeing as the

issue at hand is so dynamic and vulnerable to rapid changes. Solutions that delegates brainstorm must

take into account the great amount of difficulty that an international or regional body would have in

connecting not only policies, but also resources, and bringing about change to the underlying causes of

the conflict.

China has increased the number of vessels that it sends to the region drastically, after the conflict

soured and soared with Japan. The boastful amount of natural resources, if used for military means

could prove to be quite dangerous in regards to international security.

Delegates are reminded that this issue involves international cooperation (notably between Japan

and the United States of America). It is with that, one must consider the implications that particular

actions may have, not only on the countries within the region, but also the international community.

There is no ideal solution to the matter at hand, given its complexity. However, below are a few possible

solutions that delegates may find useful to incorporate or draw inspiration from, at the time of resolution

writing.

A Joint (Bilateral) Agreement or Treaty

Although previous endeavours to form treaties and agreements have failed, a potential solution

may be for Japan and China to acknowledge the sovereignty claims over all the islands by the other, and

jointly agree to delegate the administration of the islands to a joint oversight board with equal

memberships on the Chinese and Japanese sides, with a rotating chairmanship and consensus on the

decision making rules. Whereafter patrols for the purposes of safety and tours of the islands for reasons

of tourism and/or ecology and history could be organized together by China and Japan and regulated by



the board. This would not only heal the soured relationship between Japan and China, but also allow

them to fully utilize the economic capabilities of the islands, as well as greaten bilateral relations and

restore peace to the region. This would also guarantee that foreign involvement remains low, and that no

country is then able to capitalize on the islands to an extent such as military development. The same

could apply to Taiwan (Republic of China) if they were to accept such a deal to be brokered. In that case,

there would no longer be any disputes whatsoever, as all parties would get their fair share of land, and

profit from the abundance of resources (even if slightly less in value).

A Split

A quick solution, to calm current tensions, may be to form lines equidistant to the nearest island.

The sides would be split equally amongst all parties. Although disputes may rise once again in regards to

the amount of resources available on one side compared to the other, or a patrol ship crossing the line -

cases of extraction or drilling on the wrong side. The solution is not foolproof, but would provide instant

gratification to all sides, and allow for some more time to think of a better way forward.

Establishing an International Protection Zone

Another solution lies in Japan and China brokering a deal that takes the islands off the table in

terms of the effects they have on establishing maritime boundaries in the East China Sea. Quite recently,

the International Court of Justice (ICJ) decided in the Serpent Island Case to not allow minor “islands” to

distort the continental shelf projection of continental states (such as Japan). A possibility could be for the

ICJ to regard Senkaku as only “rocks” and give them a 12 Nautical Miles (NM) protection zone. This

would result in the islands being off limits for both countries. However, the surrounding sea waters would

also be sources of great economic value, thus leading to a resolution of one of the most ultimate cases

of sovereignty disputes.

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Appendix or Appendices

I. http://ryukyu-okinawa.net/pages/archive/rev71.html

This is a link to the 1971 Okinawa Reversion Agreement, in which the United States returned the

Japanese territories obtained after the Pacific War.

II. https://www.scmp.com/week-asia/explained/article/2187161/explained-diaoyu/senkaku-islands-

dispute

A brief introduction to the Senkaku/Diaoyu Dao/Diaoyutai Islands dispute - good starting point.

III. https://thediplomat.com/2014/02/east-china-sea-what-do-china-and-japan-really-want/

An explanation of the reasoning behind China, Japan and US’ involvement in the issue.

http://ryukyu-okinawa.net/pages/archive/rev71.html

https://www.scmp.com/week-asia/explained/article/2187161/explained-diaoyu/senkaku-islands-dispute

https://www.scmp.com/week-asia/explained/article/2187161/explained-diaoyu/senkaku-islands-dispute

https://thediplomat.com/2014/02/east-china-sea-what-do-china-and-japan-really-want/

Documents

Introduction - THIMUN Singapore · The Hague International Model United Nations, Singapore 2019 | XV Annual Session Research Report | Page 1 of 16 Forum: General Assembly Sixth Committee