The Territory of Japan

Front matter

Kentaro Serita

The Territory of Japan

Its History and Legal Basis

Preface to the English Edition

Japan first became widely known among Europeans through The Travels of Marco Polo, in which thirteenth century Venetian merchant Marco Polo referred to Japan as “Zipangu, the Land of Gold." Though Polo himself never travelled to Japan, he is thought to have been expressing the views held by the residents of southern China, after he had spent time in Hangzhou, which at the time was a trade hub between Japan and China.

Meanwhile, modern Japan makes an appearance in American author Herman Melville's Moby-Dick, as a country closed to the outside world and a refueling station for the American whaling crew that ventures out into the North Pacific, as far as the Ogasawara (Bonin) Islands. This depiction demonstrates how, as the newly modernized Japan was being pressed by the nations of Western Europe to open its doors to trade, many wanted the attribution of the islands around Japan to be clarified—not only China, but also Russia to Japan's north, various countries that had been looking East since the Age of Sail, and America to the east. Thus, efforts were made to define Japan's territories from the end of the Edo period through to the Meiji period, resulting in their present definition. This work describes the changes and current state of Japan's territories while also touching upon developments in the international community relating to maritime resources from the latter half of the twentieth century onwards.

Itis well known how Japan emerged as a modern nation and vied alongside other countries to expand its territory at a time when the world was ruled by the law of survival of the fittest, before finally signing the San Francisco Peace Treaty in 1952. Consequently, a series of unresolved territorial issues continue to burden Japan. In this work, I attempted to examine the claims of the relevant countries with an open mind and strived to lay the foundation for calmly addressing the issues involved, so as to find a peaceful solution.

As was mentioned in the Epilogue of the original Japanese edition, this text was primarily an analysis of the situation up to 2002. Therefore, I would like to write a summary of the facts regarding the situation since that time as they relate to Russia, China, and the Republic of Korea (ROK).

vi Preface to the English Edition

The Northern Territories: Kunashiri Island, Etorofu Island, the Habomai Islands, and Shikotan Island

As touched on in Chapter 1, the entry into force of the Soviet-Japanese Joint Declaration put an end to the state of war with the former Soviet Union, which had not signed the Peace Treaty with Japan after World War II. However, Russia (the successor State to the former Soviet Union) continues to occupy the Northern Territories even now, as the two parties have not reached an agreement on the peace treaty negotiations referred to in the said Declaration.

In November 2010, then-Russian President Dmitry Medvedev set foot on Kunashiri Island despite protests from the Japanese government, the first time for a sitting Russian or Soviet leader to visit one of the four islands of the Northern Territories. He paid another visit again as prime minister in July 2012.

After Russia launched its "special military operation" against Ukraine on February 24, 2022, the United Nations General Assembly held an emergency special session and adopted a Resolution declaring Russia's action an "Aggression against Ukraine." Japan joined with other Western countries to impose sanctions on Russia. On September 5, 2022, with still no end in sight to the war in Ukraine, Russia announced the suspension of force of the visa-free travel agreement for former residents of the disputed islands, “as a response to the illegal sanction pressure exerted by the Japanese government and its joining the West's Russophobic policy."! Peace treaty negotiations remain suspended.

In April 2012, the then-governor of Tokyo announced his idea for the Tokyo Metropolitan Government to purchase three privately owned Senkaku Islands (Uotsuri Island, Kitakojima Island, and Minamikojima Island). Instead, the central government acquired ownership of the islands in question on September 11 of that year for more than 2 billion yen ($26 million) and ownership was transferred from the private citizens to the government. Since the acquisition of the islands, there have been incidents in China where anti-Japanese demonstrations turned violent, and the buildings of Japanese companies were set on fire.

Prior to this development, China sent two government vessels into Japanese territorial waters for the first time on December 8, 2008. (This intrusion did not result from an arbitrary decision made by the ships, according to an article in which the person in charge of the government vessels at the time was interviewed; it was planned from 2006 for the purpose of undermining Japan's valid control over the

! According to Leonid Slutsky, chairman of the international committee of the Russian State Duma. "Russia's withdrawal from agreement on Kurils seen as response to sanctions—lawmaker," September 5, 16:24 https://tass.com/politics/1503027. Accessed December 11, 2022.

Preface to the English Edition vii islands and was carried out with the consent of the authorities.) Then, a Chinese fishing boat operating in Japanese territorial waters caused a collision on September 7, 2010 when it crashed into Japan Coast Guard patrol vessels that had called for it to leave the territorial waters. As soon as the captain of the fishing vessel was arrested for obstructing the execution of official duties, China immediately demanded an apology and compensation from Japan. Since the 2012 transfer of ownership to the Japanese government, China has reportedly sent government vessels into Japan's contiguous zone, except in rough weather, to this day.

September 11, 2022 marked 10 years since the transfer of ownership over the Senkaku Islands. During this time, it has become normal for China Coast Guard ships to stalk Japanese fishing vessels operating in Japan's territorial waters. Also, there have been 332 cases of intrusion into territorial waters over this decade, according to the Japan Coast Guard. Under these circumstances, the Japan Coast Guard remains on high alert, continuing to deploy a succession of new patrol vessels. With the confrontation between the USA and China over Taiwan intensifying, it appears that tensions in the East China Sea will be further prolonged.

In August 2012, ROK President Lee Myung-bak set foot on Takeshima for the first time as an incumbent president. The Japanese side protested, but ROK government officials and parliamentarians have been landing on Takeshima ever since then. ROK security personnel have been permanently stationed on the island since 1954, and the country continues its illegal occupation.

Over the years, Japan has patrolled the island (Japan Maritime Safety Agency? vessels on patrol were fired upon several times), sent official protests, and presently announces Japan's response in its Diplomatic Bluebook. Japan may be required to take additional measures to support its territorial claim, however, so that its opposition will not be deemed a "paper protest" (as one judge found France's to be in the Minquiers and Ecrehos case, contested between the United Kingdom and France at the International Court of Justice; see Chapter 4).

Moreover, Japan has proposed three times? since 1954 to refer the matter to the International Court of Justice for a peaceful settlement, but there has been no movement in the situation.

Yokohama, Japan Kentaro Serita September 2022

?The English name for Japan's Coast Guard until it was changed in 2000. ? September 1954, March 1962, and August 2012.

Preface

Earth, the Water Planet, is home to over six billion people. It also hosts animals, plants, and a variety of resources such as minerals. Human beings, land dwellers, are split up among around 200 countries. There they live their lives, using Earth's resources to do so. Although there are around 200 countries now, 50 years ago there were only around 100. Given that territory forms the foundation of the political entity that is a State, the past 50 years have seen significant territorial changes. Setting aside the breakup of the Union of Soviet Socialist Republics, the twentieth century has been characterized by the independence of former colonies and loss of colonial territory for the former colonizers. Starting in the sixteenth century, for 500 years the countries of Europe had sought to expand their homeland, doing so by seizing colonies. During the last 100 of those 500 years, the recently modernized Japan also took part in the scramble to seize colonies. While the colonizers lost these lands, the former colonies gained their independence, and almost all human beings came to have their own homeland.

Each country is structured in its own way. The countries that had colonies, including the United Kingdom, France, Germany, Italy, Spain, Portugal, the Netherlands, Belgium, and Japan, all vary, both in when they had colonies and when they lost them. Even among those countries that have flourished since ancient times, those that were colonized, such as India, Indonesia, or Mexico, and those that were not, such as China, Turkey, or Thailand, are all different.

But what does “homeland” even mean?

The United Nations (UN) advanced the emancipation of non-self-governing territories, i.e., colonies. During that process, Spain and Portugal argued that they had overseas provinces, not colonies, which could not be separated from the Spanish or Portuguese mainland. The UN responded in 1960 by adopting the standard whereby a non-self-governing territory is “a territory which is geographically separate and is distinct ethnically and/or culturally from the country administering it."

Since ancient times, many countries have gradually expanded their spheres of influence, eventually clashing with other powers, resulting in war. When one power comes into contact with a rival power, its expansion ceases. This process was x Preface repeated for a period of time, eventually forming proto-countries. Today that is thought to be what is meant by “homeland,” and it is said to be ethnically and/or culturally unified.

In Japan’s case, the feudal lords of the Sengoku (“Warring States”) period established small States across the Japanese archipelago. Each had its own laws and administration. They often clashed with one another. Starting in the middle of the sixteenth century, there was a notable emergence of forces seeking to unify the Japanese archipelago. As is commonly known, Oda Nobunaga took a large step toward that goal. In order to unify the country, Japan broke off trade relations with the outside world until the sixteenth century. Toyotomi Hideyoshi turned his attention to the Asian mainland and sent troops to the Korean Peninsula, whereas Tokugawa Ieyasu sought to restore friendly diplomatic relations with the Joseon. Friendly diplomatic relations were restored in 1607 for the first time since the Muromachi period. Envoys travelled between Japan and the Joseon, and although there were ups and downs, friendly relations were maintained until the Meiji Restoration (1868). Relations with Europe, meanwhile, were limited to Dejima in Nagasaki, but despite this, Japan flourished culturally and economically in the Edo period. The beginnings of a modern market-based economy also emerged.

Examining territorial changes reveals the nature of countries. One cannot speak of a country's territory without taking into account its relations with its neighbors. This work examines the path Japan has taken as a modern State from the Meiji period onward. I intend to squarely examine the nature of Japan and thereby understand its standing in East Asia and the world.

Kobe, Japan Kentaro Serita May 2002

Introduction

A nation's existence is founded on a fixed area. This space is its territory. There is no nation that has no territory. The only place in which a nation can exclusively exercise its authority is within its own territory. Territory consists of territorial land, which is the land portion; territorial sea in the case of nations that face the sea, whereby a nation's sovereignty extends to a belt of sea of a fixed distance adjacent to its coast; and territorial air space, which is the air space above a nation's territorial land and sea. A nation's territory is the spatial scope within which its legal order applies. That scope is determined by international law. Depending on the nation, stipulations regarding its territory may be included in its constitution. The Constitution of Japan does not include such stipulations. Japan's domestic laws only include a law on its territorial sea. In principle, Japan's current territory is stipulated by the Potsdam Declaration of July 1945 and the Treaty of Peace with Japan of September 1951.

In addition to territorial land, sea, and air space, this work also touches upon exclusive economic zones (EEZs), continental shelves, and air defense identification zones (ADIZs), given that they are also often discussed in the context of territory. Therefore, in addition to the Treaty of Peace with Japan, this work also refers to international treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), and related domestic laws, as necessary.

Furthermore, as a result of Japan's surrender in 1945 and in accordance with the Cairo Declaration and the Potsdam Declaration, Japan's current territory was limited to Honshü, Hokkaido, Kyūshū, Shikoku, and various small islands that were decided by the Allied powers. In other words, Japan was giving up the territory that it had added over the previous approximately 50 years through the exercise of military power, similar to Europe and the USA. Japan's quest for expansion sometimes extended to warfare, such as the First Sino-Japanese War, the Russo-Japanese War, and World War I, and was in principle reverting to the state of possessing only the territory that was firmly established at the end of the Edo period (1603-1867) and the beginning of the Meiji period (1868—1912), when Japan first embarked on becoming a modern nation; in other words Japan's inherent territory.

xi xii Introduction

Though the current state of Japan's territory has already been established for approximately 60 years, it reminds one of the end of the Edo period, when Japan completed its unification and enjoyed peace; it even makes one feel that it is possible to live without digging in one's heels and to feel at ease with oneself.

The stipulations of Article 2 and 3 of Chapter II, titled "Territory," of the Treaty of Peace with Japan are as follows. (Incidentally, the significance of Article 3 has been lost following the conclusion of the Amami Reversion Treaty of 1953, the Ogasawara Reversion Treaty of 1968, and the Okinawa Reversion Treaty of 1972.)

(a) Japan, recognizing the independence of Korea, renounces all right, title,’ and claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet.

(b) Japan renounces all right, title and claim to Formosa and the Pescadores.

(c) Japan renounces all right, title and claim to the Kurile Islands, and to that portion of Sakhalin and the islands adjacent to it over which Japan acquired sovereignty as a consequence of the Treaty of Portsmouth of September 5, 1905.

(d) Japan renounces all right, title and claim in connection with the League of Nations Mandate System, and accepts the action of the United Nations Security Council of April 2, 1947, extending the trusteeship system to the Pacific Islands formerly under mandate to Japan.

(e) Japan renounces all claim to any right or title to or interest in connection with any part of the Antarctic area, whether deriving from the activities of Japanese nationals or otherwise.

(f) Japan renounces all right, title and claim to the Spratly Islands and to the Paracel Islands.

Japan will concur in any proposal of the United States to the United Nations to place under its trusteeship system, with the United States as the sole administering authority, Nansei Shoto south of 29° north latitude (including the Ryukyu Islands and the Daito Islands), Nanpo Shoto south of Sofu Gan (including the Bonin Islands, Rosario Island and the Volcano Islands) and Parece Vela and Marcus Island. Pending the making of such a proposal and affirmative action thereon, the United States will have the right to exercise all and any powers of administration, legislation and jurisdiction over the territory and inhabitants of these islands, including their territorial waters.

The Treaty of Peace with Japan, though initially intended to be a peace treaty between all the Allied powers and Japan, was eventually concluded only between the nations of the free world from among the Allied powers and Japan, in light of the dramatic change in the international setting arising from the formation of the Government of the People’s Republic of China (PRC) in 1949 and the outbreak of the Korean War in 1950. Unlike the peace treaties concluded in 1947 with Italy, Bulgaria, Finland, Hungary, and Romania, which involved all the Allied powers and as such established overall peace, the Treaty of Peace with Japan merely achieved plural (i.e., fragmented) peace. Japan therefore concluded subsequent bilateral peace

4“Title” refers to facts that are recognized as generating rights under law. The title to territory includes appendages, such as protrusions from the sea floor within territorial seas, accumulation of sediment, and reclaimed coastlines, as well as occupation of ferra nullius, and cessions, and annexations.

Introduction xiii treaties or treaties to reestablish diplomatic relations with those countries that did not participate in the Treaty of Peace with Japan,” which was signed in San Francisco (thus also known as the San Francisco Peace Treaty).

Although China managed to survive the war against Japan through a united national front, following the conclusion of World War II, the Government of the PRC controlled mainland China, while the Government of the Republic of China (ROC) was based in Taiwan and some other areas. Neither party was invited to participate in the San Francisco Peace Conference. Japan concluded the Treaty of Peace between Japan and the Republic of China (Japan-ROC Peace Treaty) with the ROC government in Taiwan in April 1952. Article 2 of the treaty referred to the Treaty of Peace with Japan, stating, “It is recognized that under Article 2 of the Treaty of Peace with Japan signed at the city of San Francisco in the United States of America on September 8, 1951 ..., Japan has renounced all right, title and claim to Taiwan (Formosa) and Penghu (the Pescadores) as well as the Spratly Islands and the Paracel Islands.” The Government of Japan recognized the PRC government in September 1972 and, upon issuing the Joint Communique of the Government of Japan and the Government of the PRC (Japan-China Joint Communique), declared the Japan-ROC Peace Treaty null and void. Paragraph 3 of the Japan-China Joint Communique states, “The Government of the People’s Republic of China reiterates that Taiwan is an inalienable part of the territory of the People’s Republic of China. The Government of Japan fully understands and respects this stand of the Government of the People’s Republic of China, and it firmly maintains its stand under Article 8 of the Potsdam Proclamation.”

In October 1956, Japan and the Soviet Union, which did not sign the Treaty of Peace with Japan, signed the Joint Declaration by the Union of Soviet Socialist Republics and Japan, which restored normal diplomatic relations between the two sides. Article 9 of the declaration stipulates:

The Union of Soviet Socialist Republics and Japan agree to continue, after the restoration of normal diplomatic relations between the Union of Soviet Socialist Republics and Japan, negotiations for the conclusion of a Peace Treaty.

In this connexion, the Union of Soviet Socialist Republics, desiring to meet the wishes of Japan and taking into consideration the interests of the Japanese State, agrees to transfer to Japan the Habomai Islands and the island of Shikotan, the actual transfer of these islands to Japan to take place after the conclusion of a Peace Treaty between the Union of Soviet Socialist Republics and Japan.

In general, the transfer of wartime territories is ultimately decided by a peace treaty. However, according to Article 8 of the Potsdam Declaration, which was accepted by Japan and which concluded the war, Japan was also limited by the terms of the Cairo Declaration of November 1943.° The Cairo Declaration made no mention of the Kurile Islands; their transfer to the Soviet Union was merely a

5Kokusaiho Jirei Kenkyükai. 1988. Kokko saikai, seifu shonin (Restoration of Diplomatic Relations and Recognition of Governments). Tokyo: Keio University Press.

°See the section on the Cairo Declaration in Chapter 1.

xiv Introduction promise shared among the leaders of the USA, Great Britain, and the Soviet Union under the secret agreements of the Yalta Conference of February 1945, of which Japan was not aware. Therefore, Japan and Russia, the successor of the Soviet Union, have yet to conclude a peace treaty, which would ultimately resolve the territorial issue between the two sides.

Thus, upon analyzing the Treaty of Peace with Japan, the current status of Japan's territories is clear. Chapter 1 of this book traces the development of Japan's territory from the past to the present, centered on the Treaty of Peace with Japan and with a focus on the international context. The chapter will clarify the process leading from the firm establishment of Japan's territories at the end of the Edo period and during the Meiji period, to their subsequent expansion and then their reduction following the end of the war, as well as the key issues. In addition, Chapter 1 in particular will discuss Antarctica, regarding which Japan has never asserted any territorial claims, taking into account the stipulations of the Treaty of Peace with Japan, and the fact that Japan is one of the parties to the Antarctic Treaty. Chapters 2, 3, and 4 examine the specific territorial topics, looking in some detail at the diplomatic challenges related to Japan's territory, namely the Northern Territories, the Senkaku Islands, and Takeshima, while also clarifying the arguments. Chapter 5 takes a comprehensive look at the issue of Japan's sovereignty and national jurisdiction in relation to the seas. Chapter 6 addresses the diplomatic factors to consider pertaining to the seas that lie between Japan and China, and between Japan and the Republic of Korea (ROK), namely the current situation in which the delimitation of EEZs between Japan and China, and Japan and the ROK is extremely difficult, as well as the points of contention and points of agreement for reaching a temporary solution. Finally, based on the points covered in the preceding chapters, Chapter 7 gives thought to what is best for future generations in terms of stability and coexistence in East Asia. It proposes designating the Senkaku Islands and Takeshima, over which the assertion of sovereignty by the relevant countries is deadlocked, as nature preserves in line with the model in Antarctica, which is only open for natural or scientific studies. Furthermore, Chapter 7 treats the difficulty of delimiting EEZs as a golden opportunity, in a sense, and proposes establishing a cooperative international structure in the area stretching from the Sea of Japan to the East China Sea and the Yellow Sea.

Chapter 8 examines territorial air space, providing an overview of the current situation and discussing ADIZs, too, given that they also pertain to territorial matters.

Translation Note

Japanese terms, including the names of persons and places, are in principle romanized according to the Hepburn system, with a macron (a bar over the letters) to indicate long vowels. An exception is made for commonly known place names, such as Tokyo, Kyoto, etc. Chinese words are romanized using the Pinyin system; exceptions include familiar historical personages, such as Chiang Kai-shek (Jiang Jieshi in Pinyin). Japanese names are written in the traditional word order, placing the family name first, e.g., Hashimoto Ryütaro. This custom has been followed for the names of persons from other Asian countries, too. Any direct citation from a source document in English, however, retains the original wording.

XV

Contents

Delimitation of Peripheral Territories in the Late Edo and Meiji Pes cee cae d qopgde Op doe Red dod EE SNC der Territorial Expansion During the First Sino-Japanese War, the oO BR-c-

The Cession of Sakhalin and the Annexation of the Korean Peminta se (54260 ERERE4. OX PRO GOES OEPU REGE ETE ELS 8 Leases, Settlements, and Special Interests in China, Acquisition of the

Acceptance of the Potsdam Declaration... 14

Chapter 1 A) Development of Japan’s Territory ciim Delimitation and Expansion of Peripheral Territories

Delimitation of Peripheral Territories in the Late Edo and Meiji Periods

It is well known that Japan, as an independent country, has been in contact with China and the Korean Peninsula since ancient times, and it has deepened exchanges with these neighbors. However, when Western nations pressed Japan to open its doors to trade as a modern State, there was a need to clarify the sovereignty over the surrounding islands. Thus began the process of defining Japan's peripheral territory, which spanned from the late-Edo to the Meiji periods. Japan had to delineate the territories between itself and Russia, which was expanding southward from Siberia; the United States and the United Kingdom, which were approaching across the Pacific from the east and west; and also nearby China and the Korean Peninsula.

The Northern Territories, the Kurile Islands, and Sakhalin

Looking first to the north, Russia occupied the Kamchatka Peninsula at the close of the seventeenth century, then began expanding southward toward the Kurile Islands. When the Russians had come to the Northern Territories by the mid-eighteenth century, the influence of Japan's Matsumae Domain had only extended to Kunashiri Island. However, Russia's administration did not reach Etorofu Island; although it had established a colony on Uruppu Island, Russia abandoned it and withdrew in 1805. Meanwhile, the Japanese shogunate conducted a survey of Sakhalin, Kunashiri Island, Etorofu Island and Uruppu Island beginning in 1785; hardened defenses in eastern Ezo to bring the area, including the Northern Territories, under its direct control in 1799; and established a settlement on Etorofu Island the following

O Kreab K.K. 2023 1 K. Serita, The Territory of Japan, https://doi.org/10.1007/978-981-99-3013-5 1 year. Japan thus had established its sovereignty over the Northern Territories by the beginning of the nineteenth century. The 1811 Golovnin Incident further demonstrated that Japanese rule had been cemented there.'

The Matsumae Domain had also conducted surveys of Sakhalin in the seventeenth century. At the beginning of that century, the Qing dynasty initiated its administration of Sakhalin, already known in China in the earlier Tang and Yuan dynasties. Qing influence brushed up against Russia's in the Heilongjiang (Amur) River area. The Treaty of Nerchinsk of 1689 established the relationship between the Qing dynasty and Russia in this area, and the latter withdrew. The desolate land of Sakhalin was not of particular interest to the Qing, however, and neither Japan nor Russia was able to determine much about the region despite sending survey expeditions during this time.

As Russia sought to expand into the northern Pacific in search of trade, Adam Laxman and Nikolai Rezanov made voyages to Nemuro in 1792 and to Nagasaki in 1804. After the shogunate refused to trade with Russia, Rezanov burned down a guard station and committed other acts of violence on his return journey toward Sakhalin. In May 1805, Mamiya Rinzo, whom the shogunate had ordered to conduct a survey of Sakhalin, discovered what came to be known as the Mamiya Strait between Russia and Sakhalin, thus proving that the latter is an island. Mamiya's findings appeared in a book of maps, Kita Ezo Zusetsu, and this evidence was presented in Europe in a book by Philipp Franz von Siebold entitled Nippon (1832). However, the ownership of Sakhalin was not determined until the late Edo period. In 1727, Russia signed the Treaty of Kyakhta with the Qing dynasty. This document delimited the border between Siberia and Outer Mongolia and, together with the Treaty of Nerchinsk, kept Russia's southern expansion in check until the mid-nineteenth century.

Following the First Opium War of 1840, the Qing dynasty signed the Treaty of Nanjing in 1842. The Qing was forced to cede Hong Kong to the UK and to open the ports of Shanghai and Canton (Guangzhou). As a result, Russia's overland trade through the town of Kyakhta was suddenly threatened and Russia was forced to reconsider a policy of expanding into Qing lands. In 1843, a naval expedition under the command of Yevfimy Putyatin was planned to survey the Sea of Okhotsk and the mouth of the Amur River, ensure access to Chinese seaports, and visit Japan. The expedition was postponed due to various circumstances, but a survey of the Amur's mouth was conducted. The port of Nikolayevsk-on-Amur was built at the river's mouth in 1850, thus sparking a border dispute with the Qing about sovereignty over the Amur coastline. According to the record of a British ambassador to Russia, Russia surveyed Sakhalin (Karafuto) for coal in 1852. When word reached Russia

!Russians had conducted raids in southern Sakhalin, on Etorofu Island, and elsewhere during 1806-07. The shogunate hardened its defenses against the violence, and when Russian naval captain Vasily Golovnin sailed to Kunashiri Island under orders from the Russian Navy to survey the area, he and his subordinates were captured on Kunashiri Island by Matsumae magistrate officials and transported to Hakodate. This incident was peacefully resolved 2 years later thanks to mediation by Takadaya Kahei.

Delimitation and Expansion of Peripheral Territories 3 the following year of a mission to Japan undertaken by Commodore Matthew C. Perry of the US Navy, there was concern that the US would seize Sakhalin. Russia then issued a decree to occupy the island.

It was under these circumstances that Putyatin, Russia's plenipotentiary, came to Nagasaki in July 1853, where he commenced negotiations with the shogunate on delineating national borders and opening Japanese ports for trade. This mission resulted in the signing of the Treaty of Commerce, Navigation and Delimitation between Japan and Russia on February 7, 1855. This treaty, which was based upon the Japan-US Treaty of Peace and Amity, dealt with national borders in Article 2. It defined the border as lying between Etorofu Island and Uruppu Island, and it stated that Etorofu Island in its entirety belongs to Japan, that all of Uruppu Island and the "Kurile" Islands to its north belong to Russia, and with regard to Sakhalin that “the division of the land shall be performed at a later date."