Territorial Dispute over Senkaku/Diaoyu Island between Japan and China and its Representation of Difficulties of Applicability of International Law
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Abstract
International law is a rather young phenomenon – especially if we think of how old and historically complicated nations and relations between them have been, and remain to be. In this paper, I dissect the seemingly intractable Sino-Japanese conflict over Senkaku/Diaoyu islands. I trace the historical origin and competing claims of both Japan and China over the islands, and map out the inability of international law, as we know it, to resolve it. I conclude with some recommendations on how international law can aspire to overcome its own inadequacies.