Senkaku Islands Dispute Between China And Japan In East China Sea Review From International Law
Article Sidebar
Main Article Content
Abstract
Territorial disputes are problems that often become a problem for countries in the world. Later the world was presented with a territorial dispute between China and Japan. The dispute is over ownership of a group of islands in the East China Sea, the Senkaku Islands, which are thought to have the largest oil and gas reserves in Asia. International law for several centuries has continued to develop in regulating the issue of determining the sovereignty of a disputed territory. Regarding the archipelagic dispute, the question arises about how the state's sovereignty over the sea area according to international law is? How are territorial disputes resolved according to international law? And how about the settlement of the Senkaku Islands dispute between China and Japan according to international law?. The research method used is library research or normative research, namely by selecting and collecting data from various books, scholarly opinions, dictionaries, encyclopedias and international legal literature related to thesis writing. According to Article 38 of the UN Charter, the sources of international law consist of international treaties, international customs, principles common law recognized by civilized nations, court decisions and doctrines of scholars. An international territorial dispute is a dispute or dispute between two countries fighting over a certain area, for example, over an island. The Senkaku Islands dispute between China and Japan has actually been going on for a long time. However, the situation that has developed recently has worried the international community. This dispute caused relations between the two countries to worsen with the occurrence of a number of incidents related to the seizure of ownership of the islands. Settlement of territorial disputes is regulated in the United Nations Charter and the 1982 Law of the Sea Convention. Dispute settlement according to the United Nations Charter requires states to resolve their disputes peacefully based on the principles of international law. The UN Charter also prohibits states from using violence in resolving their disputes as stated in Article 2 Paragraph 4. While the 1982 Law of the Sea Convention provides several dispute resolution mechanisms to deal with problems that occur in the sea area.
Article Details
----------------, International Dispute Settlement Law, Jakarta: Sinar Graphic, 2004.
Auslan, JPWB, Modern Legal Studies International Dispute Settlement, London: Sweet and Maxwell, 1984.
Black, Henry Campbell, Black's Law Dictionary, St. Paul, Minn: West Publishing Co., 2007.
Fitzmaurice, Sir G., The Law and Procedure of the ICJ, Vol. 2, Cambridge: Grotius Publication, 1986.
Harris, DJ, Cases and Materials on International Law, Sweet and Maxwell, 1998.
Ian, Brownlie, Principles of Public International Law, Sixth Edition, Oxford University Press, 2003.
Jessup, Philip C., A Modern Law of Nations, Bandung: Nuansa, 2012.
JG, Merrills, International Dispute Settlement, second edition, Cambridge: Gratius Publications University Press, 1995.
Kusumaatmadja, Mochtar and Etty Agoes, International Law of the Sea, Bandung: Bina Cipta, 1986.
Lohmeyer, Martin, Thesis: The Diayou/Senkaku Islands Dispute (Questions of Sovereignty and Suggestions for Resolving the Dispute), University of Canterbury, 2008.
Mauna, Boer, International Law, 4th edition, Bandung: PT Alumni, 2003.
----------------. International Law (understanding, role and function in the era of global dynamics), Bandung: Alumni, 2005.
O'Shea, Paul, Dissertation: Playing the Sovereignty Game: Understanding Japan's Territorial Disputes, the University of Sheffield.
Post, AN, Deepsea Mining and the Law of the Sea, Hague: Nijhoft, 1983.
Priyatna, Abdurrasjid, Alternative Arbitration for Dispute Resolution, Jakarta: PT Fikuhati, 2002.
Samidjo, State Science, Bandung: CV. ARMICO, 2002.
Starke, JG, Introduction to International Law 1, Jakarta: Sinar Graphic, 2008.
--------------- Introduction to International Law 2, Jakarta: Sinar Graphic, 2008.
Shaw, Malcom N., International Law, Second Edition, Cambridge: Gratius Publication Limited, 1986.
Suwardi, Sri Setianingsih, International Dispute Resolution, Jakarta: UI-Press, 2006.
Tunggal, Arif Johan, Introduction to the Law of the Sea, Jakarta: Harvarindo, 2013.
Cameron, Peter and Richard Nowinski, Joint Development Agreements: Legal Structure and Key Issues, Center for Energy, Petroleum and Mineral Law and Policy, University of Dundee.
Dangerous Waters: China-Japan Relations on the Rocks, Asia Reports, International Crisis Group 245, April 8, 2013.
Drifte, Reinhard, The Senkaku/Diaoyu Islands Territorial Dispute Between Japan and China: Between the Materialization of the “China Threat” and Japan “Reversing the Outcome of World War II”?, UK: UNISCI, 2013.
Joon-woo, Park, Territorial Disputes in East Asia and the US Responsibility and Role, Stanford University, 2012.
Kotani, Tetsuo, The Senkaku Islands and the US-Japan Alliance Future Implications for the Asia-Pacific, Japan: The Project 2049 Institute.
Lee, Seokwoo, The 1951 San Francisco Peace Treaty With Japan and The Territorial Disputes in East Asia, Pacific Rim Law & Policy Journal Association, 2002
Lunn, Jon, The Territorial Dispute over the Senkaku/Diaoyu Islands, House of Commons, 20 November 2012.
Manyin, Mark E., Senkaku (Diaoyu/Diaoyutai) Islands Dispute: US Treaty Obligations, Congressional Research Service, January 22, 2013.
Marc J. Valencia, The East China Sea Dispute, Context, Claims, Issues, And Possible Solutions, Vol.31 Asian Perspective, 2007.
Masahiro, Miyoshi, Sovereignty and International Law, Japan: Aichi University.
Moteki, Hiromichi, The Senkaku Islands Constitute an Intrinsic Part of Japan, Japan: Society for the Dissemination of Historical Fact, 2010.
Murase, Shinya, The Senkaku Islands and International Law, Japan: Center for Strategic & International Studies, 22 May 2013.
Pan, Zhongqi, Sino-Japanese Dispute over the Diaoyu/Senkaku Islands: The Pending Controversy from the Chinese Perspective, Journal of Chinese Political Science, vol.12, no.1, 2007.
Ravin, MOM, ITLOS and Dispute Settlement Mechanisms of the United Nations Convention on the Law of the Sea, Germany: United Nations-The Nippon Foundation Fellow, December 2005.
R. Bundy, Rodman, Exploitation of Common Petroleum Deposits; Joint Development and Unitization, Bali Training Workshop, 10-12 October 2012.
Shaw, Han-yi, The Diaoyutai/Senkaku Islands Dispute : Its History and an Analysis of the Ownership Claims of the PRC, ROC, and Japan, Occasional Papers/Reprints Series in Contemporary Asian Studies, Number 3, School of Law University of Maryland , 1999.
Soons, Alfred (Utrecht University) and Nico Schrijver (Leiden University), What Does International Law Say About The China-Japan Dispute Over the Diaoyu/Senkaku Islands?, The Hague Institute for Global Justice, 03 December 2012.
Su, Steven Wei, The Territorial Dispute over the Tiaoyu/Senkaku Islands: an Update, Beijing: Taylor & Francis Inc., 2005.
The Senkaku Islands, Japan: Ministry of Foreign Affairs, November 2012.
-------------------------, Japan: Ministry of Foreign Affairs, March 2013.
Tatsumi, Yuki, Senkaku Islands/East China Sea Disputes-A Japanese Perspective, Japan: CAN Maritime Asia Project.
Katsumata, Hidemichi, Japan's Strategy against Senkaku Islands Dispute, Monthly Magazine “Sekai No Kansen”, October 2012.
Niksch, Larry A, Senkaku (Diaoyu) Islands Dispute : The US Legal Relationship and Obligations, Congressional Research Service, Report 96-798, Foreign Affairs and National Defense Division, WikiLeaks Document Release, February 2, 2009.
Osti, Donatello, The Historical Background to the Territorial Dispute Over the Senkaku/Diaoyu Islands, Analysis No. 183, June 2013.
Roza, Rizki Senkaku/Diaoyu Islands Ownership Dispute and Regional Stability, Brief Information International Relations, Vol.IV,No.18/II/P3DI, September, 2012.
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.