Московский журнал международного права (Jun 2016)
Russian-Japanese Agreements Relating to the Sea Areas Adjacent to the Disputed Southern Kuril Islands
Abstract
The most critical territorial dispute for Russia is the dispute with Japan concerning the sovereignty over the four Southern Kuril Islands (or the "Northern Territories" in Japan). Its resolution is believed to be conditional on the execution of a peace treaty between the two countries. However, its existence has not prejudiced the conclusion between Russia and Japan of several treaties on marine fisheries in areas adjacent to the four Southern Kurils, which are examined herein. Apart from intergovernmental agreements, the authors also analyse a less researched agreement on the fishing of kelp. The article discusses the legal and political effect of the activities governed by the abovementioned agreements on the dispute in the light of the international legal doctrines of acquiescence, estoppel and prescription, as well as the practice of International Courts.
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