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Waiariki Institute of                                       COMM. 6100
   Technology                                       Advanced Communication Skills
                                                           Assignment 3




             ISLANDS IN
               DISPUTE
                 A discussion on the territorial disputes in Asia




                                                                 2011000573
  19th   October 2012                                         Ian In hyuhk Lee
INTRODUCTION   • Nowadays, many countries are in conflict with
                 other countries on territorial issues concentrating
                 on uninhabited islands not based on the ordinary
                 common sense. There only reason why they want
                 these islands is to acquire economical , military
                 advantage. Even though Japanese historical
                 records doesn’t support their claim, Japan is
                 especially in the centre of dispute problem. For
                 instance, Pinnacle islands are controlled by Japan
                 now but in the past, it belonged to China and
                 Taiwan(Diàoyúdǎo In China/Diaoyutai Islands In
                 Taiwan)
               • Here are the logical basis. lets have a look what is
                 the main point of crisis and disagreement.
               • Furthermore I’d like to share my recommendations
                 for the solutions of this conflict
CHINA                                         SOUTH KOREA




                  Socotra Rock
                (Under the control of
                   South Korea)
DIAGRAM OF
COUNTRIES                   Liancourt Rock
DISPUTING                  (Under the control of
ISLANDS                       South Korea)




    TAIWAN                                            JAPAN
                 Pinnacle Islands
             (Under the control of Japan)
REASON FOR
DISPUTE                   SOCOTRA ROCK
             • According to the United Nations Convention on
               the Law of the Sea, a submerged reef can not
               be claimed as territory by any country.
               However, China and South Korea dispute which
               is entitled to claim it as part of the Exclusive
               Economic Zone (EEZ).
             • In September 2006, the Chinese Foreign
               Ministry spokesman Qin Gang told reporters
               that China objects to South Korea's
               "unilateral" activities in the region, referring to
               Korean government-built observation facilities
               on this reef island, which the Chinese Foreign
               Ministry spokesman has claimed to be "illegal".
               It was reported in Korea that "Spokesman Qin
               Gang mentioned that the two countries never
               had a territorial dispute over the island.“ On
               the other hand, Chinese reports notes that Qin
               Gang said the two countries never had a
               "territorial dispute," not mentioning any
               islands.
REASON FOR
   DISPUTE                                        LIANCOURT ROCKS
                                       • Sovereignty over the islands has been an on
                                         going point of contention in Japan–South Korea
                                         relations. There are conflicting interpretations
                                         about the historical state of sovereignty over the
                                         islets. Korean claims are partly based on
                                         references to an island called Usan-do, in various
                                         medieval historical records, maps, and
                                         encyclopedia such as Samguk Sagi, Annals of
                                         Joseon Dynasty, Dongguk Yeoji Seungnam, and
                                         Dongguk munhon bigo. According to the Korean
                                         view, these refer to today's Liancourt Rocks, while
                                         the Japanese researchers of these documents
                                         have claimed the various references to Usan-do
                                         refer at different times to Jukdo, its neighboring
                                         island Ulleungdo, or a non-existent island between
                                         Ulleungdo and Korea. (The first printed usage of
                                         the name Dokdo was in a Japanese log book in
                                         1904.) Other key points of the dispute involve the
                                         legal basis which Japan used to claim the islands in
                                         1905, and the legal basis of South Korea's claim on
                                         the islands in 1952.
                                       • Although technically still at war with South Korea,
                                         North Korea reportedly supports South Korea's
                                         claim.
              1785 Japanese Map
http://en.wikipedia.org/wiki/Liancourt_Rocks_dispute
REASON FOR
DISPUTE                                       PINNACLE ISLANDS
                               • Territorial sovereignty over the islands and the
                                 maritime boundaries around them are disputed
                                 between the People's Republic of China, the Republic of
                                 China (Taiwan), and Japan.
                               • The People's Republic and Taiwan claim that the islands
                                 have been a part of Chinese territory since at least 1534.
                                 They acknowledge that Japan took control of the
                                 islands in 1894–1895 during the first Sino-Japanese War,
                                 through the signature of the Treaty of Shimonoseki.
                                 They assert that the Potsdam Declaration (which Japan
                                 accepted as part of the San Francisco Peace Treaty)
                                 required that Japan relinquish control of all islands
                                 except for "the islands of Honshū, Hokkaidō, Kyūshū,
                                 Shikoku and such minor islands as we determine", and
                                 they state that this means control of the islands should
                                 pass to China.
                               • Japan does not accept that there is a dispute, asserting
                                 that the islands are an integral part of Japan.[47] Japan
                                 has rejected claims that the islands were under China's
                                 control prior to 1895, and that these islands were
                                 contemplated by the Potsdam Declaration or affected
                                 by the San Francisco Peace Treaty.
  1876 Japanese Military Map
SOCOTRA ROCK
CURRENT      • China has been publishing information
EFFORTS ON     on mass media that the ownership of
RESOLUTION     the island belongs to them.
             • China currently however are not
               aggressive in staking their claim as they
               face a much bigger problem on the
               Pinnacle island dispute
             • Korea officially still does not recognize
               their claim.
LIANCOURT ROCK

CURRENT      • Japan wants recognition of their claim
EFFORTS ON     and is seeking a decision from the
RESOLUTION     International court on the matter
             • Korea’s act of not recognizing the
               matter is their best response to the
               dispute.
PINNACLE ISLANDS
CURRENT      • Taiwan wants the return of their island
EFFORTS ON     as it was occupied by Japan during the
RESOLUTION     first Sino-Japanese War. It has brought
               its dispute to the International court
               though there has not been a decision
             • China has also followed the actions by
               the Taiwanese government and brought
               it up to the International court
COMMON INTERESTS
  OF EACH NATION      Military Strategic Point




Oil & Natural
     Gas




                     Marine Resources
•   Internal waters
             •   Covers all water and waterways on the landward side of the baseline. The coastal state is free to set
                 laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal
                 waters.

             •   Territorial waters
             •   Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is free to set laws,
                 regulate use, and use any resource. Vessels were given the right of innocent passage through any
                 territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that
UNITED           naval vessels are allowed to maintain postures that would be illegal in territorial waters. "Innocent
                 passage" is defined by the convention as passing through waters in an expeditious and continuous
NATIONS          manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. Fishing,
                 polluting, weapons practice, and spying are not "innocent", and submarines and other underwater
CONFERENCE       vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily
                 suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the
LAW OF THE       protection of its security.

SEA III      •   Archipelagic waters
             •   The convention set the definition of Archipelagic States in Part IV, which also defines how the state can
                 draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands,
                 subject to these points being sufficiently close to one another. All waters inside this baseline are
                 designated Archipelagic Waters. The state has full sovereignty over these waters (like internal waters),
                 but foreign vessels have right of innocent passage through archipelagic waters (like territorial waters).

             •   Contiguous zone
             •   Beyond the 12 nautical mile limit, there is a further 12 nautical miles from the territorial sea baseline
                 limit, the contiguous zone, in which a state can continue to enforce laws in four specific areas: customs,
                 taxation, immigration and pollution, if the infringement started within the state's territory or territorial
                 waters, or if this infringement is about to occur within the state's territory or territorial waters.[4] This
                 makes the contiguous zone a hot pursuit area.

             •   Exclusive economic zones (EEZs)
             •   These extend from the edge of the territorial sea out to 200 nautical miles (370 kilometres; 230 miles)
                 from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural
                 resources. In casual use, the term may include the territorial sea and even the continental shelf. The
                 EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also
                 becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon
                 repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4000
                 metres deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation
                 of the coastal states. Foreign states may also lay submarine pipes and cables.
RECOMMENDATIONS




 •   Of course, There is no clear and easy way to solve any problem
     but We could be more close to solution.
 •   First of all, We have to recognize the fact s exactly as they are
     and try to find out reasonable basis to come up with a
     solution.
 •   Basically, We should try to follow those steps but there are
     many cases not to be solved easily in the world.
 •   Therefore, for each dispute there should be a different way of
     settling the matter between each country.
 •   Let the International court decide on the matter and have
     both parties agree to it(Third Party Negotiation), economic
     sanctions (Including Negotiation through Bargaining
     Strategy)or else war would be the last option to finally settle
     the matter .
 •   Although it has the better claim of the islands, Korea is not
     comfortable in having the International Court decide on the
     matter. Korea should stand firm on it’s decision as the owner
     of the islands(Conflict Avoidance).


                                                                            Sea of Korea
                                                                         1809 Japanese map
REFERENCES



                               • http://en.wikipedia.org/wiki/Socotra_Ro
                                 ck#Dispute
                               • http://en.wikipedia.org/wiki/Liancourt_
                                 Rocks#Sovereignty_dispute
                               • http://en.wikipedia.org/wiki/Pinnacle_Isl
                                 ands#Sovereignty_dispute
                               • http://en.wikipedia.org/wiki/United_Nat
                                 ions_Convention_on_the_Law_of_the_
                                 Sea#UNCLOS_III
                               • http://quovadis.tistory.com/53
                               • http://luckcrow.egloos.com/2129380
    The Eastern or Corea Sea
              1720

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Islands in dispute

  • 1. Waiariki Institute of COMM. 6100 Technology Advanced Communication Skills Assignment 3 ISLANDS IN DISPUTE A discussion on the territorial disputes in Asia 2011000573 19th October 2012 Ian In hyuhk Lee
  • 2. INTRODUCTION • Nowadays, many countries are in conflict with other countries on territorial issues concentrating on uninhabited islands not based on the ordinary common sense. There only reason why they want these islands is to acquire economical , military advantage. Even though Japanese historical records doesn’t support their claim, Japan is especially in the centre of dispute problem. For instance, Pinnacle islands are controlled by Japan now but in the past, it belonged to China and Taiwan(Diàoyúdǎo In China/Diaoyutai Islands In Taiwan) • Here are the logical basis. lets have a look what is the main point of crisis and disagreement. • Furthermore I’d like to share my recommendations for the solutions of this conflict
  • 3. CHINA SOUTH KOREA Socotra Rock (Under the control of South Korea) DIAGRAM OF COUNTRIES Liancourt Rock DISPUTING (Under the control of ISLANDS South Korea) TAIWAN JAPAN Pinnacle Islands (Under the control of Japan)
  • 4. REASON FOR DISPUTE SOCOTRA ROCK • According to the United Nations Convention on the Law of the Sea, a submerged reef can not be claimed as territory by any country. However, China and South Korea dispute which is entitled to claim it as part of the Exclusive Economic Zone (EEZ). • In September 2006, the Chinese Foreign Ministry spokesman Qin Gang told reporters that China objects to South Korea's "unilateral" activities in the region, referring to Korean government-built observation facilities on this reef island, which the Chinese Foreign Ministry spokesman has claimed to be "illegal". It was reported in Korea that "Spokesman Qin Gang mentioned that the two countries never had a territorial dispute over the island.“ On the other hand, Chinese reports notes that Qin Gang said the two countries never had a "territorial dispute," not mentioning any islands.
  • 5. REASON FOR DISPUTE LIANCOURT ROCKS • Sovereignty over the islands has been an on going point of contention in Japan–South Korea relations. There are conflicting interpretations about the historical state of sovereignty over the islets. Korean claims are partly based on references to an island called Usan-do, in various medieval historical records, maps, and encyclopedia such as Samguk Sagi, Annals of Joseon Dynasty, Dongguk Yeoji Seungnam, and Dongguk munhon bigo. According to the Korean view, these refer to today's Liancourt Rocks, while the Japanese researchers of these documents have claimed the various references to Usan-do refer at different times to Jukdo, its neighboring island Ulleungdo, or a non-existent island between Ulleungdo and Korea. (The first printed usage of the name Dokdo was in a Japanese log book in 1904.) Other key points of the dispute involve the legal basis which Japan used to claim the islands in 1905, and the legal basis of South Korea's claim on the islands in 1952. • Although technically still at war with South Korea, North Korea reportedly supports South Korea's claim. 1785 Japanese Map http://en.wikipedia.org/wiki/Liancourt_Rocks_dispute
  • 6. REASON FOR DISPUTE PINNACLE ISLANDS • Territorial sovereignty over the islands and the maritime boundaries around them are disputed between the People's Republic of China, the Republic of China (Taiwan), and Japan. • The People's Republic and Taiwan claim that the islands have been a part of Chinese territory since at least 1534. They acknowledge that Japan took control of the islands in 1894–1895 during the first Sino-Japanese War, through the signature of the Treaty of Shimonoseki. They assert that the Potsdam Declaration (which Japan accepted as part of the San Francisco Peace Treaty) required that Japan relinquish control of all islands except for "the islands of Honshū, Hokkaidō, Kyūshū, Shikoku and such minor islands as we determine", and they state that this means control of the islands should pass to China. • Japan does not accept that there is a dispute, asserting that the islands are an integral part of Japan.[47] Japan has rejected claims that the islands were under China's control prior to 1895, and that these islands were contemplated by the Potsdam Declaration or affected by the San Francisco Peace Treaty. 1876 Japanese Military Map
  • 7. SOCOTRA ROCK CURRENT • China has been publishing information EFFORTS ON on mass media that the ownership of RESOLUTION the island belongs to them. • China currently however are not aggressive in staking their claim as they face a much bigger problem on the Pinnacle island dispute • Korea officially still does not recognize their claim.
  • 8. LIANCOURT ROCK CURRENT • Japan wants recognition of their claim EFFORTS ON and is seeking a decision from the RESOLUTION International court on the matter • Korea’s act of not recognizing the matter is their best response to the dispute.
  • 9. PINNACLE ISLANDS CURRENT • Taiwan wants the return of their island EFFORTS ON as it was occupied by Japan during the RESOLUTION first Sino-Japanese War. It has brought its dispute to the International court though there has not been a decision • China has also followed the actions by the Taiwanese government and brought it up to the International court
  • 10. COMMON INTERESTS OF EACH NATION Military Strategic Point Oil & Natural Gas Marine Resources
  • 11. Internal waters • Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. • Territorial waters • Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that UNITED naval vessels are allowed to maintain postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous NATIONS manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. Fishing, polluting, weapons practice, and spying are not "innocent", and submarines and other underwater CONFERENCE vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the LAW OF THE protection of its security. SEA III • Archipelagic waters • The convention set the definition of Archipelagic States in Part IV, which also defines how the state can draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline are designated Archipelagic Waters. The state has full sovereignty over these waters (like internal waters), but foreign vessels have right of innocent passage through archipelagic waters (like territorial waters). • Contiguous zone • Beyond the 12 nautical mile limit, there is a further 12 nautical miles from the territorial sea baseline limit, the contiguous zone, in which a state can continue to enforce laws in four specific areas: customs, taxation, immigration and pollution, if the infringement started within the state's territory or territorial waters, or if this infringement is about to occur within the state's territory or territorial waters.[4] This makes the contiguous zone a hot pursuit area. • Exclusive economic zones (EEZs) • These extend from the edge of the territorial sea out to 200 nautical miles (370 kilometres; 230 miles) from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources. In casual use, the term may include the territorial sea and even the continental shelf. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4000 metres deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables.
  • 12. RECOMMENDATIONS • Of course, There is no clear and easy way to solve any problem but We could be more close to solution. • First of all, We have to recognize the fact s exactly as they are and try to find out reasonable basis to come up with a solution. • Basically, We should try to follow those steps but there are many cases not to be solved easily in the world. • Therefore, for each dispute there should be a different way of settling the matter between each country. • Let the International court decide on the matter and have both parties agree to it(Third Party Negotiation), economic sanctions (Including Negotiation through Bargaining Strategy)or else war would be the last option to finally settle the matter . • Although it has the better claim of the islands, Korea is not comfortable in having the International Court decide on the matter. Korea should stand firm on it’s decision as the owner of the islands(Conflict Avoidance). Sea of Korea 1809 Japanese map
  • 13. REFERENCES • http://en.wikipedia.org/wiki/Socotra_Ro ck#Dispute • http://en.wikipedia.org/wiki/Liancourt_ Rocks#Sovereignty_dispute • http://en.wikipedia.org/wiki/Pinnacle_Isl ands#Sovereignty_dispute • http://en.wikipedia.org/wiki/United_Nat ions_Convention_on_the_Law_of_the_ Sea#UNCLOS_III • http://quovadis.tistory.com/53 • http://luckcrow.egloos.com/2129380 The Eastern or Corea Sea 1720