Japan didn't surrender Senkakus after WWII

Somebody said the following:

"Japan doesn't have any right for brinkmanship over her disputed territorites with her neighbours. Being the country defeated in WWII she has obligations to abide by the terms of her unconditional surrender including the return of territory annexed by past wars of aggressions. Furthermore any remaining disputes should be taken to the International Court of Justice where it can be properly addressed and resolved peacefully."

Though I agree with the last sentence, he misunderstands the content of the San Francisco Peace Treaty signed after WWII between Japan and the Allies. 

The Senkaku Islands are not included in the territory which Japan renounced under Article II of the San Francisco Peace Treaty. Also, the Senkaku Islands are not included in Taiwan and Hoko Shoto Islands which were ceded by China under the same Article. The Senkaku Islands have been placed under the administration of the United States of America as part of the Nansei Shoto Islands, in accordance with Article III of the Treaty, and are included in the area, the administrative rights over which were reverted to Japan in accordance with the Agreement Between Japan and the United States of America Concerning the Ryukyu Islands and the Daito Islands signed on 17 June 1971. These facts clearly indicate the status of the Senkaku Islands being part of the territory of Japan.

The fact that China expressed no objection to the status of the Islands being under the administration of the United States under Article III of the San Francisco Peace Treaty clearly indicates that China did not consider the Senkaku Islands as part of Taiwan. It was not until the 1970s, when oil reserve was found around the islands, that the Government of China and Taiwan authorities began to raise questions regarding the Senkaku Islands.

The case should be brought to the International Court of Justice so that it becomes clear to the world that the Senkaku Islands are inherently and legally Japanese territory.


More info on the facts about Senkakus: http://www.mofa.go.jp/region/asia-paci/senkaku/senkaku.html

Also, “The Senkaku Islands Constitute an Intrinsic Part of Japan” explains the issue in much detail based on the historical evidence: http://www.sdh-fact.com/CL02_1/79_S4.pdf