Book Recommendation: “The San Francisco Peace Treaty under the UN Charter Concerning the Senkaku/Diaoyu Islands Dispute”

We are recommending a new publication by the 4-fold Nobel Peace Prize nominee Prof. Dr. Mehmet Sukru Guzel. The book is entitled as “The San Francisco Peace Treaty under the United Nations Charter Concerning the Senkaku/Diaoyu Islands Dispute”. In his preface, Prof. Dr. Sukru stated that the main purpose of this book is to contribute to world peace and security by trying to find a clear legal answer to the dispute on the sovereignty of the Senkaku/Diaoyu Islands between China and Japan within the framework of United Nations’ Charter. 

“The dispute on the sovereignty of the Senkaku/Diaoyu Islands has two different origins. 

“First origin is whether the Senkaku/Diaoyu Islands were one of the islands acquired by Japan with the Treaty of Shimonoseki of 17 April 1895 after the first Sino-Japanese War or not. Japan claims that the Senkaku Islands were acquired by Japan under international law as terra nullius by its Cabinet Decree of 14 January 1895 or not. 

“Second origin of the dispute is on the legality of Article 3 related to the Senkaku/Diaoyu Islands in the San Francisco Peace Treaty under international law. 

Content:

1. The Senkaku/Diaoyu Islands Dispute

2. The Japanese Legal Approach to the Senkaku/Diaoyu Islands Dispute

3. The Chinese Legal Approach to the Senkaku/Diaoyu Islands Dispute

4. Historical Legal Documents on Senkaku/ Diaoyu Islands

5. International Court of Justice and Territorial Disputes 

6. Peace Treaties and Territory 

7. The Legal Road to the San Francisco Peace Treaty 

8. San Francisco Peace Treaty

9. The Illegal Use of the Doctrine of Necessity to Prevent China from Attending the San Francisco Peace Conference

10. The Legal Approach of the United States and the United Kingdom to the Cairo and Potsdam Declarations for their Implementation in the San Francisco Peace Treaty 

11. The acceptance of Cairo and Potsdam Declarations as International Treaties with Legal Force by the “Japan’s Acceptance of Surrender”, “Japan Imperial Rescript of the Termination of the War ” and “Instrument of Surrender of Japan” 

12. The Cairo and Potsdam Declaration as International Treaties with Erga Omnes Effect

13. Obligation of Non-Recognition of the San Francisco Peace Treaty related Articles in Relation with the Cairo and Potsdam Declarations

14. Obligation Erga Omnes and the United Nations Charter Article 103

15. A Japanese Estoppel Valid for the Senkaku/Diaoyu Islands, Japan’s Memorandum to the Republic of Korea on the Dokdo/Takeshima Islands dated 20 September 1956

16. Legal Norms Accepted by Japan within the Scope of International Law Concerning the Senkaku/Diaoyu Islands with its Memorandum Sent to the Republic of Korea on 20 September 1956

17. The Principle of Nullus commodum capere de sua injuria propria and Japan 

18. Conclusion 

Be the first to comment on "Book Recommendation: “The San Francisco Peace Treaty under the UN Charter Concerning the Senkaku/Diaoyu Islands Dispute”"

Leave a comment

Your email address will not be published.


*


44 − = 40