The recognition of Ainu as indigenous people by Russia as the factor of the resolution of the territorial dispute with Japan

• Goryan E.V.

  Vladivostok State University of Economics and Service
  Vladivostok. Russia

• Netrusov Yu.Yu.

  LL.B, LL.M. (McGeorge School of Law), J.D. (Melbourne Law School)
  Clayton Utz law firm
  Melbourne. Australia

The subject of the study is the grounds and prerequisites for Russia to recognize the Ainu people as an indigenous people and the consequences of such recognition for resolving a territorial dispute with Japan. The historical and legal aspect of the recognition of the Ainu people in Japan and Russia is explored. Positions of Japanese and Ainu authors on the dispute over the so-called «northern territories» (Southern Kuriles) are analyzed. The possibility of resolving the territorial dispute between Russia and Japan is considered, taking into account the rights of the indigenous people of the Ainu.

In order to obtain the most reliable scientific results, a number of general scientific (system-structural, formal-logical and hermeneutic methods) and special legal methods of cognition (comparative legal and formal-legal methods) were used. Taking into account the peculiarity of the subject of research, a key role is assigned to the historical and legal method and to the interdisciplinary approach (reference to ethnographic data).

In accordance with the norms of international law, there are all grounds and prerequisites for Russia to recognize Ainu as an indigenous people. The Japanese government, despite the recognition of the Ainu as the indigenous people in 2008, does not take any meaningful measures to ensure their rights as an indigenous people. Recognition of Ainu by Russia as the indigenous people and the allocation of lands for traditional nature management will not only ensure the principle of justice inherent in the international law of indigenous peoples but will also strengthen Russia’s position in the dispute with Japan: the future of the South Kurils can not be envisaged without taking into account the opinion of the indigenous people who previously lived on these lands and realize the right of traditional nature management at the present time. This territorial dispute should be considered more broadly than in the existing framework of international relations between Japan and Russia, its historical aspect should be taken into account.

Keywords: indigenous peoples, territorial dispute, Japan, northern territories, Southern Kuriles.