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Post by Swampy on Jan 22, 2013 1:07:41 GMT -5
Check out the map of where these islands are located. It appears Japan's main islands are quite some distance from the disputed islands whereas they are closer to the Chinese mainland. Paul I just came out of the courthouse library, so my mind is in legal mode. I know nothing of international law, but I'm wondering if distance from host nation would be a legal test as to who would own it. The other test, which I would use, is who owned it last and for how long. The Japanese held the islands before 1900, and, quite honestly, they're better custodians. Furthermore, they're a smaller nation and need the islands more than the Chinese.
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Post by Swampy on Jan 22, 2013 11:36:39 GMT -5
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Post by mcnoch on Jan 22, 2013 14:16:53 GMT -5
Yes, the International Tribunal for the Law of the Sea in Hamburg would be the right court for this. But at the moment the Chinese and Japanese government want to use the thrill of playing with fire to distract their own popluations from other, domestic problems.
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Post by griffin on Jan 27, 2013 21:00:59 GMT -5
We cannot ever under estimate the self-serving, foolish actions of man. Mix in oriental 'honour claims' and the painful history of these two nations and it could very easily get worse. Hopefully sainer minds will prevale.
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Post by bluejay77 on Feb 1, 2013 18:22:59 GMT -5
Check out the map of where these islands are located. It appears Japan's main islands are quite some distance from the disputed islands whereas they are closer to the Chinese mainland. Paul I just came out of the courthouse library, so my mind is in legal mode. I know nothing of international law, but I'm wondering if distance from host nation would be a legal test as to who would own it. The other test, which I would use, is who owned it last and for how long. The Japanese held the islands before 1900, and, quite honestly, they're better custodians. Furthermore, they're a smaller nation and need the islands more than the Chinese. Norway and Russia have been arguing about the ownership of the continental shelf under the Arctic Sea since that continental shelf contains huge oil and gas resources. Following that discussion has left me sardonically wondering if there exists such a thing as international law as such. One nation presents one argument, another nation gives another argument, and there they stand. Of course an authority such as the UN may finally decide about the business, but only if both nations accept that decision.
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Post by Swampy on Feb 2, 2013 11:08:54 GMT -5
Japan is increasing its defense budget, which is good. I think it should change its constitution renouncing war, and, quite frankly, become a normal nation like all others. South Korea could do with an ally against the North.
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Post by bluejay77 on Feb 2, 2013 11:54:18 GMT -5
Japan is increasing its defense budget, which is good. I think it should change its constitution renouncing war, and, quite frankly, become a normal nation like all others. South Korea could do with an ally against the North. I agree with Swampy. Finland did something slightly analogous when unilaterally annulling the state agreements with Russia, which state agreements had been ratified under the USSR influence; I mean -- that remnants from the times of the WWII might very well be forgotten in the modern world.
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Post by mcnoch on May 9, 2013 11:17:14 GMT -5
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Post by Swampy on May 9, 2013 12:11:07 GMT -5
I'm now waiting that China will re-discover its former possessions in Russia and parts of Europe. Not to mention North America. That said, if they want to play that kind of game, they should not begrudge the Japanese taking back Shanghai.
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