What is it about?
This article ascertains whether Japan’s possession of the Senkaku/Diaoyu Islands has a legal basis that is opposable to China. It departs from the traditional approach that focuses on historic titles and ancient maps. It applies an alternative approach that is based on the status quo post bellum or the relative legal position of the parties at the end of armed hostilities.
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Why is it important?
It is the first article to apply an approach that is based on the concept of status quo post bellum. It relies on archival and primary records.
Perspectives
The artilce does not only establish the statu quo, it also tests the status quo against a pre-existing title or any shift in the status quo after the end of conflict.
Melissa Loja
University of Hong Kong
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This page is a summary of:
Status Quo Post Bellum
and the Legal Resolution of the Territorial Dispute between China and Japan over the Senkaku/Diaoyu Islands
, European Journal of International Law, November 2016, Oxford University Press (OUP),
DOI: 10.1093/ejil/chw050.
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