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Takeshima Seeking a Solution Based on Law and Dialogue

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Takeshima Seeking a Solution Based on Law and Dialogue Published by the Ministry of Foreign Affairs of Japan Kasumigaseki 2-2-1, Chiyoda-ku, Tokyo 100-8919, Japan Tel: +81-(0)3-3580-3311 http://www.mofa.go.jp/ Takeshima Seeking a Solution based on Law and Dialogue March, 2014 Ministry of Foreign Affairs of Japan Part Origins of the Takeshima Issue contents 1 Part 1: Origins of the Takeshima Treatment of Takeshima Japan's Consistent Position on the Issue in the San Francisco Peace Treaty Treatment of Takeshima in the San Territorial Sovereignty over Takeshima Francisco Peace Treaty ……………… 2 ●The San Francisco Peace Treaty, signed in dealt with in the Declaration. As regards the island of Establishment of the "Syngman Rhee Line" September 1951, stipulates that“Japan, recognizing Dokdo, otherwise known as Takeshima or Liancourt the independence of Korea, renounces all right, title Rocks, this normally uninhabited rock formation was ●Takeshima is indisputably an inherent and illegal occupation of Takeshima by and claim to Korea, including the islands of Quelpart, according to our information never treated as part part of the territory of Japan, in light the Republic of Korea ………………… 3 Port Hamilton and Dagelet." of Korea and, since about 1905, has been under Upon learning of the contents of this part of the the jurisdiction of the Oki Islands Branch Office of Proposal of referral to the International of historical facts and based upon Treaty, which was drafted by the United States and Shimane Prefecture of Japan. The island does not international law. Court of Justice (ICJ) ………………… 4 the United Kingdom in July 1951, the Republic of appear ever before to have been claimed by Korea." Korea had its Ambassador to the United States, You Part 2: Takeshima, an Inherent Part Chan Yang, send a letter to Dean G. Acheson, the This indicates that while the San Francisco Peace ●The Republic of Korea has been Secretary of State of the United States. In the letter, Treaty designated“Korea, including the islands of occupying Takeshima with no basis of the Territory of Japan the Ambassador wrote, "My Government requests Quelpart, Port Hamilton and Dagelet” as the areas that the word‘renounces’ in Paragraph (a), Article which Japan should renounce all right, title and Recognition of Takeshima / in international law. Any measures Number 2, should be replaced by‘confirms that claim, Takeshima was intentionally not included on the Republic of Korea takes regarding Sovereignty over Takeshima ……… 5 it renounced on August 9, 1945, all right, title and this list. It is therefore clear that the San Francisco Incorporation of Takeshima into claim to Korea and the islands which were part of Peace Treaty, which was enacted to restore Takeshima based on such an illegal Korea prior to its annexation by Japan, including the international order, confirms Takeshima as part of the Shimane Prefecture ………………… 6 occupation have no legal justification. islands Quelpart, Port Hamilton, Dagelet, Dokdo and territory of Japan. Parangdo’." In other words, the Republic of Korea requested that Takeshima be added to the list of Part 3: Answering Questions Keyword ●Japan will continue to seek the areas for which Japan renounced control. about Takeshima In August of the same year, the United States The San Francisco Peace Treaty settlement of the dispute of the territorial responded to Ambassador Yang with a letter from Q.1 Does Takeshima appear in old sovereignty over Takeshima on the Dean Rusk, US Assistant Secretary of State for Far The San Francisco Peace Treaty is a peace treaty Korean maps and documents? … 7 Eastern Affairs. signed between Japan and the Allied Powers after basis of international law in a calm and Q.2 Is there any proof that Korea the conclusion of World War Ⅱ. On September 8, peaceful manner. The response stated, "...the United States 1951, a peace conference was held in San Francisco owned the islands prior to the Government does not feel that the Treaty (San in the United States, and the treaty was signed by Japanese government’s Francisco Peace Treaty) should adopt the theory Japan and 48 other nations. On April 28, 1952, the ● Background to Takeshima incorporation of Takeshima in that Japan's acceptance of the Potsdam Declaration enactment of this treaty enabled Japan to restore 1905? on August 9, 1945 constituted a formal or final sovereignty. Takeshima is located in the Sea of Japan and is part of Okinoshima renunciation of sovereignty by Japan over the areas Town of Shimane Prefecture. Its total land mass is 0.21 k㎡ and it is Q.3 Was Takeshima excluded from primarily comprised of two islands, Higashijima (Mejima) Island and the Japanese territory by SCAP Nishijima (Ojima) Island. They are rugged islands made of volcanic rock with little vegetation or drinking water. (Supreme Commander for the Allied Powers) after World War Ⅱ? ………………………… 8 Approx. 88km Utsuryo Takeshima Island Approx. 217km Takeshima Approx. 158km Oki Republic Islands Sea of Japan never treated as part of Korea of Korea Approx. 211km Approx. 67km Takeshima Republic Japan has been under the jurisdiction of the Oki Islands of Korea Shimane Prefecture Branch Office of Shimane Prefecture of Japan. The island does not appear ever before to have been claimed by Korea. Nishijima Higashijima (Ojima) (Mejima) Island Island Rejection of the Republic of Korea’s claims: The August 1951 letter from the then-US Assistant Secretary of State for Far Eastern Affairs, Dean Rusk. (copy) Cover photo:©Shisei Kuwabara 1 2 Part 1 Origins of the Takeshima Issue Establishment of the "Syngman Rhee Line" and illegal occupation of Proposal of referral to the International Court of Justice (ICJ) Takeshima by the Republic of Korea ●Since the establishment of the "Syngman Rhee ●It should be noted that, according to the report ●In January 1952, the President of the Republic Republic of Korea announced that the country’s Line” by the Republic of Korea, Japan has made of Ambassador Van Fleet who visited the Republic of Korea, Syngman Rhee, issued a declaration coast guard had dispatched a permanent battalion strong protests against each of the actions taken of Korea in 1954, the United States concluded that concerning maritime sovereignty, with which he to Takeshima. In August of the same year, a vessel by the Republic of Korea, which include claiming Takeshima is Japanese territory, but the dispute established the so-called "Syngman Rhee Line." The of Japan’s Maritime Safety Agency, on patrol in of sovereignty over Takeshima, fishing around the might properly be referred to the International establishment of this line, encompassing Takeshima the vicinity of Takeshima, was fired upon from islands, firing shots against patrol vessels and Court of Justice. Ambassador Fleet reported that and a large area of water with fisheries jurisdiction, the islands. This incident confirmed that security building structures on the islands. In order to resolve the United States conveyed this suggestion to the was a unilateral act in contravention of international personnel from the Republic of Korea had been the dispute in a peaceful manner, Japan proposed Republic of Korea. law. Since then, numerous Japanese fishing boats stationed on Takeshima. to the Republic of Korea that the issue be referred crossing the line were captured by the Korean The Republic of Korea’s illegal occupation of to the International Court of Justice in September authorities, resulting in several Japanese civilian Takeshima continues even today, with the stationing 1954. However, the Republic of Korea rejected this Keyword casualties. In July of the same year, the Japan-U. of security personnel as well as the construction of proposal the following month. On the occasion of The International Court of Justice (ICJ) S. Joint Committee (a consultative body joining the lodgings, a monitoring facility, a lighthouse, port and the Foreign Ministerial talks in March 1962, Japan Japanese and U.S. governments) agreed to designate docking facilities, and other structures on the islands. proposed again that the issue be referred to the Court, but the proposal was rejected by the Republic of The International Court of Justice is the principal Takeshima as a bombing range for the U.S. forces. judicial organ of the United Nations. It aims to This clearly indicates that the United States officially ●The Republic of Korea’s occupation of Takeshima Korea. In August 2012, the Republic of Korea rejected the third proposal to refer the issue to the Court. settle disputes between States and to provide treated Takeshima as part of the territory of Japan, is illegal and has absolutely no basis in international advisory opinions at the request of the General even after the return of sovereignty to Japan with the law. No measure taken by the Republic of Korea with ●The International Court of Justice has a system Assembly, the Security Council as well as other enactment of the San Francisco Peace Treaty. regard to Takeshima during its illegal occupation organs of the UN and specialized agencies has any legal justification. This illegal occupation to start its proceedings only when the both parties to the dispute have agreed to bring the case to the so authorized by the General Assembly. Only ●In July 1953, a Japanese patrol vessel of the is not acceptable, given Japan's sovereignty over States may be parties in cases before the Court. Maritime Safety Agency (now the Japan Coast Takeshima. Japan has repeatedly made strong court. Accordingly, even if Japan refers the issue to the court unilaterally, the Republic of Korea has no Individuals or international and other organizations Guard) that demanded Koreans engaged in illegal protests, demanding the withdrawal of the cannot bring cases before the Court. fishing to leave Takeshima was fired upon by the occupation. obligation to respond to it, and the court will not Korean authorities.
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