Okinotori, an atoll isolated in the Pacific Ocean — a place where not even a bird would be able to survive — has become a bone of contention.
Why is Okinotori so important? In addition to natural resources, such as fisheries and mineral deposits in its surrounding waters, both Chinese and Japanese commentators say that Okinotori would be a crucial battlefield for the Chinese military to prevent US from shipping reinforcements to Asia, including Taiwan and Japan, and it is also a strategic position for China to gain dominance in the Pacific by dispatching its nuclear submarines and warships.
Japan said that in documents it submitted to the UN secretariat in 1997, it claims the area within 200 nautical miles (370km) of its islands as its exclusive economic zone (EEZ), and that Okinotori is one of those such islands. Japan met with no protests from any nation at that time.
However, Taiwanese fishing vessels continued to operate there and China began protesting against the Japanese claim over Okinotori in 2004 — after Japan forcibly expelled Chinese research vessels for interfering with its operations — on the grounds that Okinotori is an atoll and therefore is ineligible for an EEZ claim. The two countries have had frequent conflicts over Chinese research operations in that region that continue to this day.
This puts Taiwan in an awkward position. Japan’s expulsion of Chinese boats is strategically beneficial to Taiwanese interests. Moreover, this is important to the US-Japan military strategy and resistance to China. On the other hand, if Taiwan acknowledges Japan’s EEZ claim, it would lose fishing rights. It is difficult to strike a balance between the advantages and the disadvantages.
Since an incident in 2005 when a Taiwanese fishing boat was seized by Japan near Okinotori, it has become customary for Japanese patrol boats to notify Taiwanese vessels ahead of their arrival so that Taiwanese boats can depart, albeit temporarily, and after Japanese patrol boats leave, the fishing boats return to resume operations.
This shows that Taiwan does not recognize Japan’s claim to the EEZ surrounding Okinotori, but does not directly deny it either to avoid taking the same stance as China, while also maintaining that Okinotori is a controversial region.
With this practice in place, Japan could chase off Chinese research vessels, while Taiwanese boats could continue their operations. Over the past 10 years since this practice was adopted, only one incident has occurred.
When Taiwanese fishing boat Tung Sheng Chi No. 16 was detained by Japan, the Ministry of Foreign Affairs issued a statement on April 26, saying: “Our government recognizes the disputes over Okinotori and is of the opinion that all parties involved should negotiate in accordance with international law or ask relevant international organizations to help resolve this matter peacefully.”
“Concerning the legal status of Okinotori, Japan should respect the rights of our nation and others to navigate and fish near Okinotori before the UN’s Commission on the Limits of the Continental Shelf completes its investigation and declares its findings,” it added.
The government was applying the previous formula of no recognition, no acceptance and no direct repudiation. When the first national security meeting was held the same day, the same line was followed.
President Ma Ying-jeou (馬英九) said: “Whether Japan can claim a 200-mile EEZ off its Okinotori atoll remains extremely controversial in the global community.”
Simply put, whether Okinotori is an island or an atoll is still debatable. Before this question is answered, Taiwan can still fish there, as it has done over the past decade.
However, when the second national security meeting was held the next day, the government altered its stance.
Ma said that “Japan’s Okinotori is an atoll, not an island.”
He single-handedly decided that Okinotori was an atoll.
As if that was not enough, at the same meeting he said that Taiwan opposes “Japan’s illegal expansion. Its unilateral definition of Okinotori atoll as an island violates Article 121 of the United Nations Convention on the Law of the Sea. Our government does not recognize illegal expansion and claims.”
Moreover, the Ma administration took immediate measures saying that Okinotori is an atoll, not an island. Government agencies at all levels will have to call it “Okinotori atoll” and not “Okinotori Island” from now on.
What a dramatic change of stance in a day’s time. Afterward, the ministry issued a news release on the matter. Minister of Foreign Affairs David Lin (林永樂) summoned Japan’s representative to Taiwan to protest Japan’s seizure of the fishing boat, which was followed by another news release. It was as if nothing else was important for the entire week and all of the nation’s energy and time should be spent on stressing that Okinotori is an “atoll,” not an “island.”
Ma has completely abandoned the established rapport with Japan and adopts rhetoric and a stance identical to China’s, leaving no room for compromise with Japan over Okinotori.
What good can come of such hostility and warlike actions? What kind of protection will the fishermen have?
What a shame.
Chiang Huang-chih is a professor of law at National Taiwan University.
Translated by Ethan Zhan
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