1.

1 Introduction
Takeshima/Dokdo Island is generally island without inhabitant. The problem dispute of
it occur because of overlapping of territory among South Korea and Japan. Actually the
Takeshima have a different named according to different disputant. South Korea name it as
Dokdo as a solitary island and Japan named it as Takeshima as a bamboo island.
Takeshima/Dokdo Island have two islet that names as Nishijima and Higashijima. The
position of Takeshima Island is in east Ulleungdo Island of South Korea and in Southest of
Oki Island of Japan. This map show the position of Takeshima Island from Ulleungdo Island
of South Korea and Oki Island of Japan.

Image sources : Pavel Kamushkin,

Referring to diagram 1.1 shows, Takeshima Island is located 215 kilometer around 134
nautical miles from South Korea and 220 kilometer around 155 nautical miles from Japan.
Today, Takeshima is still remain unhabited by human (Mccurry, J, 2010).
Historically, Korea was under colonial of Japan during 20 century in 1910 and got
independence from Japan after the World War II (WWII) in 1945. During pre-war, Takeshima
Island is under control of South Korea where in 1900, South Korea has officially
incorporating Takeshima/Dokdo Island into modern Ulleungdo country. That is because for
1

them, there have no evidence that show Takeshima is under Japan sovereignty (Berkshire,
J.M, 2014). That islet is develop since colonial era by their natural resources that get
attraction by Jappanese and South Korean to fishing, built house to living temporary and
anchoring ship and also as a stopover place (Stevan J. Barber, 2015). In the post war, after
declare independence of Korea, both country still have a good relationship where they have
bilateral relation and they are share the geographical location, common democratic and
market economic system and they also share value of natural security partner with each other
(Polman, M, 2015). Japan claiming the Takeshima Island in 17 century (Jackson. V, 2015),
the first round disputes and make their relationship going bad is started in 1952 and their
relation is going fragile for more six decade where it was extended to fourth round dispute in
2006 (Gyo, M. K, 2009). South Korea claim that Takeshima/Dokdo is their territory based on
the documentation history of South Korea that stated the Takeshima at the early is no
ownership and has been unite with the South Korea during Shilla Dynasty in 512 century AD,
and Japan claim that Takeshima is their territory based on Agreement of San Francisco 1951
that declare Japan recognizing the independence of Korea, renounce all right, tittle and
claim to Korea including the islands of Quelpart, Port Hamilton and Degelet. However, in
this agreement Japan did not discuss about Takeshima Island but based on South Korea, this
is incuding the Takeshima (Utami Gita Syafitri, 2012).
Previously, in 1996 Japan and South Korea has together declare the Exclusive
Economic Zone (EEZ) in the Sea of Japan.

The Sea of Japan is limited, so that the

delimitation of their maritime based on their bilateral negotiation in Japan Ocean and it cause
the disputes of this island. For the next stage, Japan want to bring this cases to International
Court of Justice (ICJ) but unfortunately South Korea are resisted to it because based on South
Korea, there has nothing to discuss in ICJ because for them Takeshima is legally of their
territory. The picture below is show the Takeshima Island from the Ulleungdo of South
2

Korea. These images deny the allegations of Japanese historians that Takeshima is not visible
from Korean territory but actually the history was record that Takeshima is visible from
Ulluengdo Island of South Korea. So that until today the current status of Takeshima is still
under South Korea Territory (Gyo, M. K, 2009).

Images sources: Historical facts about Koreas Takeshima Island

2.0 Problem statement
According to research conducted by scholars, the disputant territory of South Korea and
Japan:
Takeshima or Dokdo? There are many unknown to be discovered. The clarification from
both South Korea and Japan somehow seem convincing and benefit only themselves. Besides
that, the research will also include the important of Takeshima/Dokdo for them which destroy
their relations. There will become war between South Korean and Japan because of
Takeshima disputes? And also which states actually has sovereign to Takeshima Island.
3.0 Research objective
The research objective is related with the problem statement. Therefore, the objective of the
research is to find out:
1. Reason why South Korea and Japan are so obsess to get Takeshima Island.

2. Look of Takeshima Island under Treaty and based on International Law prospect.
Under the treaty, we can see the status of Takeshima island for both country after
WWII that was stipulated for them and also according to International Law it show to
us the distance measurements of that island from both side, so it can describe which
country should get the island legally.
4.0 Reason why Japan and South Korea are obsess to keep Takeshima Island
4.1 Economic factor
Economic will be one of the main factor that should be consider in the disputes at
Takeshima Island. In fact, the economic factor will be the most important and influence factor
in the disputes. This is because state only act according to their national interest, and they
tend to avoid conflict because it may tarnish reputation of a state and also breaking
diplomatic ties. The contiguous zone of Takeshima is value with the marine resources that
can give benefit to future. Since Takeshima has a great potential of economic, especially in
term of fishing industry and resources of hydrates gas, hence it is important for South Korea
and Japan in term of national interest (Emmers, R, 2010).
4.2 Gas Hydrates
Takeshima Island is value with the gas hydrates. At the same times, South Korean and
Japan are lacking of oil and hydrates gas so that they want to exploit it at Takeshima. While
the demand of hydrates gas is always increase to accommodate their population of their
country. In 2005, South Korea has promote the hydrates gas and R&D organization to expand
the gas technological with cooperation with the America. In 2007, the government of South
Korea find 600 million tons of hydrates gas in 100 km from the Southeast Ulleungdo Island
that it can be use around 30 year, so they believe that there are still available of it in the sea of
Japan including the Takashima which there has never discovery of it in that islet. Besides
4

that, South Korea do the exploration of gas hydrate surrounding the Takeshima Island that
own by South Korea Gas Corporation and also has jointly by Korea National Oil and
Australias Woodside Petroleum. Because of lacking of gas hydrates, there also has 100
percent of Liquid Natural Gas (LNG) that import by South Korea and Japan also import most
LNG until East China Sea to fulfil their national demand. This is main reason why both of
them are fighting to get that islet (Emmers, R, 2010).
4.3 Marine resources
Takeshima Island have huge potential in marine resources and it is increase every
year. The main value is the fish resource. The wealth of marine fish being Takeshima have a
higher value despite their unhabitat and land are unvariation. In the ocean of its territory, the
current conditioned from the northern region of the earth and current hot from south of the
earth converge in Takeshima cause the increasing of the plankton there. Because of it, there
have many migration of fish at the ocean and automatically increase the quantity of the fish.
There have around 20,000 tons of fish that caught at Takeshima. The characteristic of plant
here is different with the Southern Jeju Island that is due to the fact that the plant at
Takeshima have a characteristic which same with the zone climate subtropics at the northern
earth. The wealth of marine resources at this island can be utilize to the establishment the new
country. In South Korea, there have around 1000 species of fish and it show indicator in
Takeshima Island. According to National Fisheries Research and Development Institute, in
1959 there have around 50 of fishing vessel at Takeshima Island. The fisherman used the
methods offshore jigging, drift nets, trap nets, and middle trawl catches. The most famous
methods is the squid jigging and it has been used until today. The fishing activities can be
divided into two categories that is diving in rocky coastal zones and fishing for migratory fish
like squid and cololabies saira. There also have salmon fish and sea lions at Takeshima Island
(Junggoo, M. n.d).
5

4.4 Nationalism
Based on historically, South Korea and Japan have a complicated historical
background that can be seen in the post WWII. If we look at the South Korea history, there
have a lot brutal rule made by Japan including the issue of comfort woman until raise the
anti-Japanese among the South Korean. The nationalism according to Japan also states about
the historical background that argue by Japan about terra nullius of Takeshima Island. South
Korea and Japan have their own national interest about Takeshima Island, it has been describe
under below (Gyo, M. K, 2009).
National interest of South Korea
According to South Korea, ownership of Takeshima Island is important because it is
confession of international world that Korea is independent from Japan. If Japan did not
admit the history of South Korea, Japan still not recognized that the territory is fully of South
Korea (Egie Sagita, 2010). The utilization of it influence to the country based on appropriate
factor with the political theory which is population, economic, technology, strengthens of
military and leader. Each country have a right to get territory and strengthens, so based on
South Korea they have a right to it (Daku Yamasaki, August 14, 2008).
Based on South Korea, Takeshima Island has a big historical meaning for them which
probably Japan are not aware of. The action of Japan by claiming that island dating back the
anti-Japanese sentiment of South Korea. That is because the anti-Japanese sentiment among
South Korea deeply come from the historical background of South Korea during Japanese
colonialism. The sentiment also linked by the action of Japan government that celebrate the
Takeshima Day in every year, and they also insert the Takeshima in their syllabus of learning
6

in Japan. So it got protest from South Korea including their student (Lankov, A, 2015). This
picture below show the protest that making by South Koreans students.

Source: Andrei Lankov, fromhttp :/ /w ww.aljazeera.com/indepth/opin ion/2015/ 03/ southkorea-nationalist-passions-150308050755645.html.

South Korea do various way to conquer the Takeshima Island to make sure that it do
not fall into Japan including incorporate that islet into Ulleungdo as a modern Ulleungdo
country since 1900. So it actually linked to nationalism of South Korea in the term of
tourism. Due to the status of Ulluengdo Island as a nature reserve, the Ulleungdo Island
thrive as a tourism island. In Ulleungdo, there have a ferry service prepared by South Korea
to tourism. In 2003, the tourism there is 1507 and increase to 1597 in 2004. In 2005, the
tourism is 41,000 and increase to 100,000 in 2007. It show that the tourism in Takeshima is
increase every year. The tourism at Takeshima not only come by ferry from Ulleungdo
Island, but they also come by helicopter, naval vessels and also administrative ship. As a
result, the total of vacation people there is increase every year (Stevan J. Barber, 2015).
National interest of Japan
Japan have a background of claimant because national contempt by South Korea
because of claimant the Takeshima Island (Heemin, K., 009). According to Japan, Takeshima
is a territory that not include in return back the territory to South Korea after they defeat in
WW II (Heemin, K, 2009). Japan assume that the Takeshima Island territory is a terra nullius

which is not ownership territory and Japan registered that island to prefecture Shimane in 22
February 1905. Japan also stipulated that on 22 Feb is a Takeshima Day (Searn, F, 20015).
Actually, Takeshima is important to nationalism of Japan while another their island
claim such as Senkaku and Kuril seem weak to them. Japan is an archipelago country, which
6.852 island is under their sovereignty. Based on data of World Bank in 2012, Japan have
population around 127.6 billion and they also one of the populous country. So that is a
problem to Japan because their population are increase every year while at the same time
their territory is limited to increase their technology. So that according to Japan, if they get
that islet, so they can took their military as a military training until they can control the
military power of great country such as Russia and China. So that this is a big nationalism of
Japan actually. The nationalism of japan get supported from their people where in 2013 Japan
also do the research around 3000 their community to ask about ownership of the Takeshima
and majority of them argued that Japan has right position to claim it based on their history
and rule of International Law. So that it sparked enthusiasm to Japan to claim that island. On
the other hand, by ownership of Takeshima, Japan automatically can increase their economic
(Didah Nadzifatussadiyah, 2014).
5.0 Takeshima Island based on International Law Prospect
Takeshima/Dokdo under International Law claim by both South Korea and Japan
To determine the ownership in disputes of Takeshima/Dokdo Island, modes of
acquiring territory in international law will be the best standard and guidance. To obtain a
territory, there have to be several fulfilment to be concerned, occupation and prescription will
be the most essential condition.
The activity that undergo at the Takeshima before will be the best to determine
whether it is terra nullius status or vice versa. Japan claim that Takeshima was not being
8

inhabited and also without the legal owner, at the same time there are no evidence that show
the Takeshima is under South Korea. Terra nullius play an important role in Japans claim
over the sovereignty of Takeshima Island. Therefore Japan justify that the Takashima was in
terra nullius status and Japan had use applied international law to occupy that island. In 1905,
the cabinet of Japan declare their sovereignty of Takeshima and reaffirmed that the islet is
part of Oki Island (Ministry of Foreign Affairs of Japan, 2014).
However, South Korea oppose the Japan argument because for them, Takeshima
should be their territory based on the history. According to South Korea, Takeshima is legally
under their sovereignty and there has nothing to discus with Japan about it. Based on South
Korea the agreement of San Francisco 1951 is including the given of Takeshima island (Gyo,
M. K, 2009).
Territory Discovery Condition and Effective Occupation Control
Meanwhile, Japan claim is more towards the discovery of territory according to
occupation in international law. Effective occupation in international law is one of the earliest
rules to obtain sovereignty of a territory. Which means a state that first discovers territory will
own it legally. To prove Japan is the first state that discover the Takeshima, the historic will
play an important role. Japan claim that the sovereignty of Takeshima recorded in 17 century.
During colonial of Japan in South Korea, Takeshima is part of the Japanese control which is
they utilized it to fishing and they argue that South Korea never used that island at the time.
To prove it there have evidence that recorded history that the island was visiting by the
Japanese fisherman of abalone and sea lion. That is first recorded evidence that show
Takeshima is under Japan during 1650. But the problem that weaken of Japan is they are
never do anything into Takeshima Island since 1951 until now.

5.1 Takeshima Island According To treaty and Law of the Sea

After Japan defeat in WWII, the status of Takeshima Island is become more
complicated. South Korea blaming Japan that they want to seixed that island from them that it
legally their territory. So that by referring to Cairo Declaration 1943, Postdam Declaration
1945 and also Peace Treaty of San Francisco 1951, it is mandatory decide that the position of
Takeshima actually. Research have to be done to find out which country claim is more
convincing, therefore I shall clarify by using Cairo Declaration 1943, Postdam Declaration
1945 and Treaty of San Francisco 1951 (Kim, N. H. 2009).
Cairo Declaration 1943
During the post WWII, Japan never stop to conquer other countries, including Korea
and they also do war with China. During Japanese defeat in WWII and the Cairo Declaration
stated that japan has agreed to return back other territory which was annexed by force since
the time of Sino Japanese War 1894 until 1895 including the Takeshima Island and they also
agreed to give independence of Korea. So that it is mandatory to Japan to follow the Cairo
Declaration when they are agreed with the condition of it. Korea was very concern about the
sovereignty of that islet because they claim it is part of their territory, so for them the content
of Cairo Declaration is reasonable for them. The Cairo Declaration actually as a way to shape
back the Japan after they are defeat and it is including the territory that they are seize by force
(Kim, N. H. 2009).
Postdam Declaration 1945

10

The Postdam Declaration is a surrender unconditionally of Japan. The declaration

purpose to ensure the declaration of Cairo will be obey and also the sovereignty of Japan will
be limited under other territories. After bombing of Hiroshima and Nagasaki, the leader of
allied power ask japan to surrender without conditionally. So that they will occupied the
Japan to do the comprehensive reform. Korea get all their territory and at the same time they
get independence that relevant with the declaration of Cairo and Postdam. Because of the
defeat of Japan in WWII, Japan was force to accept the term due to their surrender. Japan had
to face the possibilities of losing that islet under the judgement from the Allies. Actually, the
declaration of Postdam does not contain any word about Takeshima because the function of
this declaration is only to strengthening the declaration of Cairo and make sure Japan are
return the annexed territory back to South Korea. When refer to the category of international
law, this declaration is under the soft law category and to some extent it does not legally bind
a state officially (Kim, N. H. 2009).
Peace Treaty of San Francisco 1951
The treaty of San Francisco was sign by 48 countries in 8 September 1951 at the San
Francisco. Regarding the cases of Korean island, the stipulated of San Francisco is Japan,
recognizing the independence of Korea, renounces all rights, title and claims to Korea,
including the islands of Quelpart, Port Hamilton and Dagelet. But, there is no provision
that conclude about the Takeshima in this treaty. Based on South Korea, this treaty is
including the return back of Takeshima island and after several months South Korea has
insert this islet into their territory to do the reformation (Kim, N.H, 2009).
5.2 The Restriction of Maritime Border in Law of The Sea
The issue of restriction on maritime border is the main concern in Takeshima Island.
South Korea and Japan is member of United Nations Convention on The Law of The Sea
11

(UNCLOS). UNCLOS was legitimize the sea territory within 12 nautical miles of coastline of
coastal state and also providing them sovereignty over the sea territory. In this case, coastal
state therefore may explore and exploit those resource within their Exclusive Economic Zone
(EEZ) which include 200 nautical miles of the continental shelf (Churchill. R. R, & Lowe A,
V, 1999). As EEZ enable a state to practice sovereignty and exploitation of resource, a
coastline state like South Korea will definitely try to expand their area of EEZ as large as
possible. Japan as the coastline state that will also try to claim as much area as possible to
turning them into their EEZ. This map below show the location of Takeshima according to
UNCLOS.

Sources: Dokdo Island Map, from https:// www.google.c om/searc h?q=the +picture +of+TA
KESHIMAISLANDbased+on+UNCLOS&esps2&biw1242&bih585&sourcelnms&tbmisch&
saX&ved0ahUKEwi6m-uwjrfJAhUHCo4KHb9GDT8QAUIBygCtbmisch&qDOKDOIS
LAND+MAPS&imgrc.

Regarding the diagram above, Takeshima is within the area of EEZ for South Korea
and Japan. Under the article 57 UNCLOS based on EEZ, actually both country are qualified
to claim a sum of 200 nautical miles from their coastline. The coastline of South Korea will
have to possess 400 nautical miles to ensure overlapping does not occur. When we see that
the islet from South Korea is around 134 nautical miles and from Japan is 155 nautical miles
and the total both country is 289 nautical miles, so that the overlapping is unavailable.
12

Actually, both country has a right to claim the Takeshima island when refer to
maritime border. According to UNCLOS, when there have a conflict arise due to the
limitation of EEZ among country, they should negotiate and figure out resolution according
to principle of equality and peace to avoid war between them. The UNCLOS only resolve the
condition to retrieve EEZ but they do not state any approach to resolve those overlapping
EEZ. Another approach of UNCLOS to see this EEZ move towards which country is using
equidistant line between both countries (Stevan J. Barber, 2015). So this map below show
the equidistant line of Takeshima between Ulleungdo and Oki in Japan.

Source: Stevan J. Barber. Historical Facts about Koreas Dokdo Island. DokdoTakeshima, from http://www.dokdo-takeshima.com/why-japan-cant-have-dokdo-i.html.

Referring this map above, it clearly place the Takeshima Island to South Korea as
legally as Japan. According to the Article 12 1958 Territorial Sea Convention, Equidistance
can be define as

13

The line every point of which is equidistant from the nearest points of the baselines
from which the breadth of the territorial sea of each of the two states is measured
The definition of it also have in Geneva Convention 1958 on the Territorial Sea and
Contiguous Zone. In this convention, the equidistance line is refer to the line which have the
same distance between two states nearby and it may use only to refer the boundary that define
by the principle of equidistance between two neighbouring state. So that line show that South
Korea can get the island legally. (Churchill. R. R, & Lowe A, V, 1999).

Conclusion
Takeshima/Dokdo is not only concerning the ownership of a piece of land at the
middle of the sea, at the same time it will allow its owner to get benefit in term of economic,
security and politic. South Korea claim that Takeshima is their territory based on the Treaty
of San Francisco and the history that it is legally their territory actually. Japan claim that they
are first discovery of that island but the history was record that they are never do nothing to it
and only South Korea have manage it. There are difficult to solve this dispute although by
using maritime border in Law of The Sea or International Law, but when we see that in the
line of equidistance of that islet from both side, South Korea more nearest with the islet. So
that as for me South Korea is a country that eligible to own that island because equidistance
line show the legal position of it.

14

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