Sino-Japanese Maritime Jurisdictional Disputes in the East China Sea

This article analyzes two current maritime disputes in the East China Sea between the People’s Republic of China and Japan concerning the Senkaku/Diaoyu islands and Okinotorishima. A recent increase in bilateral economic ties has been shadowed by deficient political decisions and exchange between top leaders. This has complicated the achievement of mutually beneficial developments to utilize the vast natural resources, mainly natural gas, oil and fisheries. The article gives an overview of the domestic legislation of both countries concerning the Exclusive Economic Zone (EEZ) and continental shelf, and discusses ICJ practice and article 121 of UNCLOS. The main aim of the article is to determine whether the Senkaku/Diaoyu islands and Okinitorishima can independently generate an EEZ and if so, to what extent. The author concludes that Okinotorishima should not possess an EEZ or continental shelf. The Senkaku/Diaoyu islands, on the other hand, generate only a partial EEZ and continental shelf. The article suggests ways to resolve these disputes. With regard to the Senkaku/Diaoyu islands, creation of a Joint Sovereignty Agreement and a Bilateral Development Authority is advised. While Okinotorishima concerns complex foreign policy issues of various countries and environmental challenges, it could serve as a precedent for other analogous cases. Consequently, the author submits that UNCLOS needs to be revised. Okinotorishima could have wider implications for other land areas facing extinction due to climate change.