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This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
Author(s)
YI Tae-Jin
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DOI:10.17265/2328-2177/2018.01.002
Affiliation(s)
Seoul National University, Seoul, Korea
ABSTRACT
The
1951 San Francisco Peace Treaty was the one and only international opportunity
that would have allowed demanding for Japan’s responsibility of the
colonization of Korea. However, the United States did not demand of such to be
done. Soon, Korea and Japan resumed their diplomatic relationship and had their
first summit in 1952. After numerous negotiations, finally in 1965, the
“Korea-Japan Treaty” was agreed upon. Even in this treaty, the interpretation
of the colonization was different for both countries and ultimately resulted as
an unresolved issue. This is because of the Japanese dependence to the San
Francisco Peace Treaty. On the other hand, the League of Nations, founded in
1920, believed that the systematization of international law was vital to
keeping international peace. Therefore, they put much effort in and
successfully carried out the codification of international law. The “Report on
the law of Treaties” which was completed in 1935, noted that the “1905
Protectorate Treaty”, which was the ultimate treaty that led to Korea being
annexed by the Japanese, was one of the three treaties that had no effective
standing. This decision was carried out to the International Law Commission of
the United Nations in 1963 and became a Resolution after being submitted to the
General Assembly in the end of the same year. Using the decisions of the League
of Nations and the United Nations as evidence, this paper critically reviews
the San Francisco Peace Treaty’s lack of reviewing the Japanese responsibility
of the colonization of Korea.
KEYWORDS
Protectorate Treaty of November 1905, International Peace activists in 1900s, The Second Hague Peace Conference, William T. Stead, Francis Rey, James Garner, Manley O. Hudson, Harvard Draft Convention on the Law of Treaties
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