The Kurile Island Conflict

Abstract

In this paper the Kurile Islands Conflict between the Union of Soviet Socialist Republics and Japan dating from the 1950s is referred to the Permanent Court of Arbitration (PCA), thus representing a virtual case.

Background information to the conflict is presented in the first part of the paper, followed by the arguments supporting the cases for the USSR and Japan respectively. Both sides are described in the second chapter. The award of the tribunal of the PCA is dealt with in the third chapter, and a separate opinion of one of the judges in a short fourth chapter.

To avoid confusion the date of proceedings before the PCA is August 2004, therefore the Russian Federation is presenting the side of the former USSR.

2

  The Kurile Island Conflict  

  Contents  

  Abstract  2

1.  Background Information  4

1.1  History of Agreements and Treaties  4

1.2  Reason for Transferral of the Issue to the Permanent Court of Arbitration  6

1.3  Procedural aspects  7

2.  Arguments to the Dispute over the Kurile Islands Conflict  7

2.1  Japan  7

2.2  USSR  10

3.  Award of Tribunal  13

4.  Separate opinion of Judge Dr Nisuke Ando LL M  14

  Sources  17

3

1. Background Information

Since the Russian Federation is the accessor to the former Union of Soviet Socialist Republics (USSR) and thereby inheriting all state`s contracts, the USSR is party to the Kurile Islands Conflict. The history of the Kurile Island conflict concerns the territorial right to admininister and claim as national territory the South Kurile Islands, and more exactly the four islands of Etorofu (in Russian named Iturup), Kunashiri, Shikotan and Habomai. These four islands are referred to by Japanese official language as part of the Northern Territory. To clarify, the (Japanese) Northern Territory consists of the islands of Sakhalin plus adjacent islands, and Etorofu, Kunashiri, Shikotan and Habomai Islands.

The islands of Broutona, Chirpoi, Brat Chitpoev, Urupu, Etorofu, Kunashiri, Shikotan and Habomai form the Southern Kurile Islands.The islands of Lovushki, Raikoke, Matua, Rasshua, Ushishir, Ketoi and Simushir form the Central Kurile Islands. The islands of Alaid, Shumshu, Paramushir, Antsiferova, Makanrushi, Onekotan, Kharimkotan, Chirinkotan, Ekarma and Shiashkotan form the Northern Kurile Islands.

Subsequently the Northern, Central and part of the Southern Kurile Islands are referred to as Northern Kurile Islands throughout this text, as the distinction between Northern and Central is of geological interest only and does not influence the political issue of the Kurile Island Conflict. In this context, the Northern Kurile Islands include the islands of Urupu up to Alaid.)

1.1 History of Agreements and Treaties

The historical context dates back to the 17th century, culminating in the 1950s, since when endeavours to normalise relations between the two states have been carried out. According to historical data, in 1644 the “central government of Tokyo asked each lord to send a map of their own lands in order to make up the complete map of Japan. Lord Matsumae sent a map including the whole Sakhalin, Kuril Islands and Kamchatka peninsula. This map, called Shoho-okuni-ezu is the oldest existing map that draws this part of the world” (see Time Table of Sakhalin Island).

4

In 1855, the Treaty on Commerce, Navigation and Delimination (referred to as the Shimoda Treaty), providing for national boundaries between Russia and Japan was signed. Shimoda Treaty, Article 2 assigns the Southern Kurile Islands to Japan and the Northern Kurile Islands to Russia. The treaty also provides for historical precedent regarding the island of Sakhalin. The latter means joint administration by Japan and Russia.

In 1875, the Treaty of Exchange of Sakhalin for the Kurile Islands (also referred to as St. Petersburg Treaty) provided for the Kurile Islands` assignation to Japan and Sakhalin`s to Russia.

In 1905, the Treaty of Portsmouth, Article 9 and Annex to Article 9 provided for a split of the island of Sakhalin along the 50th degree latitude with the Northern part of Sakhalin belonging to Russia and the Southern part to Japan. The Treaty of Portsmouth did not involve the Kurile Islands.

The Potsdam Declaration on July 26th, 1945 was agreed on by the Allied Forces Great Britain, the USA and the USSR. It organised the occupation of territories through Allied Forces, thus Sakhalin and the Northern Kurile Islands being occupied by the USSR. Three weeks later, on August 14th, 1945, the Potsdam Declaration was accepted by Japan when admitting defeat. Between August 18th and 27th, 1945 the USSR moved occupation forces from Shimushu to Urupu which was in accord with the Potsdam Declaration.

On September 3rd, 1945, the USSR also occupied Shikotan, Habomai, Etorofu and Kunashiri forming the Southern Kurile Islands when exploiting the absence of military forces of the occupying Allied Forces represented by the US.

The San Francisco Peace Treaty (also referred to as the Treaty of Peace with Japan) of August 9th, 1951, Article 2 (in force since April 28th, 1952) stipulates Japan`s renunciation of sovereignty for Sakhalin Island South of the 50th degree latitude and the Kurile Islands as held consequently to the Treaty of Portsmouth.

5