RUSSO - JAPANESE TERRITORIAL DISPUTE KURILE ISLANDS

Geography The chain of 56 islands streching 1,270 km from Kamchatka to Hokkaido Total area: 15,600 sq. km Population: around 17,000. Russians, Ainus and others Disputed area: 4,640 sq. km with exclusive economic zone of 196,000 sq.km The most disputed islands: Kunashiri and Etorofu

The Most Relevant International Legal Acts till 1914 THE TREATY OF COMMERCE, NAVIGATION AND DELIMITATION ( SHIMODA TREATY, 1855 ): „Henceforth the boundary between the two states shall lie between islands of Etorofu and Uruppu. The whole of Etorofu shall belong to Japan; and the all Kurile Islands, lying to the north of and including Uruppu, shall belong to Russia. Island of Skhalin will be common possession.”

THE TREATY OF SAINT PETERSBURG ( 1875 ): „Japan gives up all rights to Sakhalin in exchange for Russia giving up all rights to all Kurile Islands.” THE TREATY OF PORTSMOUTH ( 1905 ) Russia transfers all rights to southern half of Sakhalin Island to Japan.

SOON AFTER OCTOBER REVOLUTION (1917) JAPAN OCCUPIED NORTHERN HALF OF THE SAKHALIN AND PARTS OF THE SOVIET EASTERN SIBERIA JAPAN LEFT EASTERN SIBERIA IN 1922 AND NORTHERN SAKHALIN IN 1925

The Most Relevant International Legal Acts After 1936 RUSSO - JAPANESE TREATY OF NEUTRALITY ( APRIL 12TH 1941 ) Stipulated territorial integrity of the contracting paties and neutrality in the case of war of one contracting partiy against a third country or countries. CAIRO DECLARATION ( DECEMBER 1ST 1943 ): Determination of USA, Great Britain and China to deprive Japan of all territories it had acquired „by use of force or greed”.

YALTA AGREEMENT OF THE LEADERS OF USSR, USA AND GREAT BRITAIN ( FEBRUARY 11TH 1945 ): „Two, or, three months upon the surrender of Germany and the end of war in Europe, Soviet Union will enter the war against Japan on the side of Allies under conditions that: 2.a) Southern part of Sakhalin Island and its adjacent islands will be returned to the Soviet Union, 3. Kurile Islands will be transferred to the Soviet Union.”

POTSDAM DECLARATION OF THE LEADERS OF USA, GREAT BRITAIN, CHINA AND USSR ( JULY 26TH 1945 ): „…Sovereignty of Japan will be limited to the islands of Honshu, Hokkaido, Kyushyu, Shikoku and those minor islands that we determine”. INSTRUMENT OF SURRENDER ( SEPTEMBER 2ND 1945 ): „Japan is obliged to implement bona fide provisions of the Potsdam Declaration”

SAN FRANCISCO PEACE TREATY ( SEPTEMBER 8TH 1951 ): Article 2.(c): „Japan renounces all rights, titles and clames to the Kurile islands, and to that part of Sakhalin and the islands adjacent to it over which Japan acquired sovereignty as the consequence of the Treaty of Portsmouth of September the 5th 1905”.

JOINT ( MOSCOW ) DECLARATION ( OCTOBER THE 19TH 1956 ) Article 1. „The state of war between USSR and Japan will be ended by coming into force of this Declaration..” Article 9. „Soviet Union…agrees to hand over to Japan the Habomai and Shikotan islands, provided that the actual transfer of these islands to Japan will be carried out upon the conclusion of the Peace Trety between USSR and Japan”.