Reference 1 History of Takeshima as part of ’s territory in the prewar era No. Content Date Created Repository

No.1 Notification of Permission for Passage to Takeshima (copy) 1618 (Genwa 4) Municipal Yonago Historical-Museum

No.2 Ensign of the Hollyhock Crest (Aoi-mon) for ships sailing for Takeshima 17th century (estimated) Municipal Yonago Historical-Museum

No.3 Note submitted to the Shogunate patrol officer lodging at the Ohya family 1681 (Enpou 9) Takeshima Reference Room in the 9th year of Enpou (1681)

No.4 Letter from Kameyama Shozaemon to Oya Kyuemon-Katsuzane September 1660 (Manji 3) Shimane Prefecture Takeshima Reference Room

No.5 Information document issued by Roju (Senior Councilor of the Shogunate) 1696 ( 9) Tottori Prefectural Museum regarding the prohibition on passage to Utsuryo Island (copy)

No.6 Attached map in the request for incorporation into the territory and lease 1904 ( 37) Shimane Prefecture Public Records Center of "Lyanko Islands” (copy) No.7 Cabinet Decision of January 28, 1905 Jan. 28, 1905 (Meiji 38) National Archives of Japan

No.8 Shimane Prefectural Notice No. 40, 1905 Feb. 22, 1905 (Meiji 38) Shimane Prefecture Public Records Center

No.9 Original Record of Longitude and Latitude Measurement, 1908 Aug. 1908 (Meiji 41) Hydrographic and Oceanographic Department,

No.10 Ledger of State-Owned Land / Takeshima May 17, 1905 (Meiji 38) Shimane Prefecture Public Records Center No.11 Imperial Edict No. 54 of 1909 Mar. 29, 1909 (Meiji 42) National Archives of Japan No.12 Shimane Prefectural Ordinance No. 8 Mar. 1, 1906 (Meiji 39) Shimane Prefecture Public Records Center No.13 Rental fees for state-owned property (land use fees) 1925 (Taisho 14) Shimane Prefecture Public Records Center No.14 Official Gazette (6586) Jun. 6, 1905 (Meiji 38) No.15 Shimane Prefectural Ordinance No. 18, 1905 Apr. 14, 1905 (Meiji 38) Shimane Prefecture Public Records Center No.16 Shimane Prefecture Agriculture No. 1926 Jun. 5, 1905 (Meiji 38) Shimane Prefecture Public Records Center No.17 Shimane Prefectural Ordinance No. 21, 1921 Apr. 1, 1921 (Taisho 10) Shimane Prefecture Public Records Center No.18 Mining matter (Ministry of Commerce and Industries) Permission Sep. 19, 1939 Shimane Prefectural Library for prospecting for rock phosphate (Showa 14) p.4 Illustrative map of Takeshima submitted by Ihe-e Kotani around 1696 Tottori Prefectural Library (Genroku 9) (estimated)

p.5 Map of Japan (Siebold) 1840 (Tenpou 11) National Museum of Japanese History

2 Treatment of Takeshima in the San Francisco Peace Treaty and actions of the Republic of No. Content Date Created Repository

No.1 US-UK Joint Draft May 3, 1951 (Showa 26) The National Archives (UK) [contribution] The Japan Institute of International Affairs

No.2 Anglo-American Meetings on Japanese Peace Treaty May 2, 1951 (Showa 26) The National Archives (UK)

No.3 Letter to the US Secretary of State, Dean G. Acheson Jul. 19, 1951 (Showa 26) National Archives and Records Administration

No.4 Response from the US (so-called Rusk Letter) Aug. 10, 1951 (Showa 26) National Archives and Records Administration

No.5 Protest by the US Feb. 11, 1952 (Showa 27) Deplomatic Archives of Ministry of Foreign Affairs ROK

No.6 Photos of Joint Investigation by Shimane Prefecture Jun. 27, 1953 (Showa 28) Shimane Prefecture Takeshima Reference Room and the Japan Coast Guard Takeshima No.7 Report of the Van Fleet Mission to the Far East Sep. 30, 1954 (Showa 29) National Archives and Records Administration Office of Policy Planning and Coordination on Territory and Sovereignty

No.8 Cable sent from the British Embassy in Japan to the Foreign Office Jul. 15, 1953 (Showa 28) The National Archives (UK)

JAPAN'S TERRITORY AND PEOPLE'S HOPES: LINKING IN TO THE NEXT GENERATION Adress: 1st floor, Toranomon Mitsui Building, 3-8-1 Kasumigaseki, Chiyoda-ku, https://www.cas.go.jp/jp/ryodo/index.html

Office of Policy Planning and Coordination on Territory and Sovereignty (March 12, 2021) Mejima Island (Higashijima)

Japan’s Basic Position Ojima Island (Nishijima)

Takeshima is indisputably an inherent part of the territory of Japan, in light of historical facts and based on international law. Takeshima Summer 1953 - Now: The ROK has been occupying Takeshima with no basis The Republic of Korea’s in international law. Any measures the ROK takes regarding Takeshima based on such an illegal occupation Illegal Occupation by Force have no legal justification. In January 1952, shortly before the San Francisco Peace Treaty entered into force, the Republic of Korea Takeshima (ROK) issued a declaration concerning maritime sovereignty, with which it unilaterally established the is located in the Line,” encompassing the island of Takeshima in contravention of international law. approximately 158km northwest of the Oki Japan will continue to seek the settlement of the dispute Despite protests by the international community, the ROK did not withdraw the declaration. From Islands at 37°14’ north latitude and 1953 to 1954, the ROK illegally occupied Takeshima by physical force, including firing on Japan’s 131°52’ east longitude, consisting of two over territorial sovereignty over Takeshima on the basis main islands (Mejima (Higashijima) and patrol vessels. of international law in a calm and peaceful manner. Ojima (Nishijima)) and several dozen Consequently, Japan and the ROK expressed their claims via formal diplomatic notes, but reached no smaller islands surrounding them, and is a agreement. Japan requested that the ROK provide solutions based on international law, proposing to part of Okinoshima Town, Shimane Prefecture, with a total area of refer the case to the International Court of Justice in 1954, 1962 and 2012. The ROK has nonetheless approximately 0.20km². continued to reject these proposals. The ROK has constructed a port, docking facilities and a heliport, among other structures, on Takeshima, which it illegally occupied. It has also allowed high-ranking officials to land on the island and conducted military exercises in the neighboring area. The ROK is also educating its nationals that Takeshima belongs to the ROK based on its own, one-sided version of events. CONTENTS

1 History of Takeshima as part of Japan’s territory in the prewar era 2 Treatment of Takeshima in the San Francisco Peace Treaty Utilization in the Period and incorporation into Shimane Prefecture and actions of the Republic of Korea

1 Permission granted by the Edo Shogunate p.3-4 2 Incorporation Takeshima into p.5-6 1 End of the War and Negotiations toward p.9-10 2 Signing and Enforcement of the p.11-12 for passage to Takeshima Shimane Prefecture in Meiji Era the Conclusion of the Peace Treaty Peace Treaty / Developments in the ROK 1618 The Edo Shogunate granted permission to passage to Utsuryo Opening the country – Development into a modern nation Aug. 1945 Acceptance of the Potsdam Declaration Island to merchants in Yonago (). Later, under the Meiji Government Sep. 8, 1951 Signing of the San Francisco Peace Treaty permission to passage to Takeshima was also granted. May 1951 US-UK Joint Draft Temporary confusion of names and locations of Utsuryo 1693-96 Genronku Takeshima Ikken (Affair) Island and Takeshima Jan. 1952 - The ROK President declares ‘maritime sovereignty’ Jul. - August The ROK’s requests to the US to modify the revised Passage to Utsuryo Island was prohibited; Establishment of Syngman Rhee Line 1951 Passage to Takeshima remained not prohibited. Jan. 28, Incorporation Takeshima into Joint US-UK draft Protests by Japan, US etc. 1905 (Meiji 38) Shimane Prefecture by Cabinet decision The US rejects the ROK’s requests Who was Ahn Yong-bok? Apr. 28, 1952 Entry into force of the San Francisco Peace Treaty Restoration of Sovereignty of Japan 3 Continuous execution of the administrative p.7-8 3 Japan’s initiative in pursuit of a solution p.13-14 right over Takeshima based on international law Jul. 1953 - Incident in which shots were fired against Patrol Vessel Hekura of the Japan Coast Guard Jurisdiction May 1905 Entry in Ledger of State-Owned Land Industrial Apr. 14, Designating sea lion hunting as an activity 1954, Proposal to the ROK to refer the issue to the International ROK’s Illegal Occupation of Takeshima Regulation 1905 requiring license by the Prefectural 1962, Court of Justice (ICJ) Mar. 29, Designating the area of jurisdiction and 2012 The ROK has rejected these proposals Jun. 5, Issuing license for sea lion hunting 1909 by Imperial Edict Licensing 1905 Japan’s Response Respecting Law and Order in the International Community Registration Jun. 6, 1905 Commercial Registration Apr. 1, Permission to collect seaweed around Takeshima Cases in which territorial disputes were resolved in international courts 1921 Taxation Mar. 1, Taxation on sea lion hunting Three points to bear in mind when considering evidentiary materials 1906 Jun. 6, Granting permission for prospecting for rock 1936 phosphate 1906 ‒ Collection of the rent for State-Owned Land

1603 1618 (1625) 1696 1868 Jan. 28, 1905 Aug. 1945 Jul.-Aug. 1951 Sep. 8, 1951 Apr. 28, 1952 Jun. 1954 (Keicho 8) (Genwa 4 (Kan’ei 2)) (Genroku 9) (Meiji 1) (Meiji 38) (Showa 20) (Showa 26) (Showa 26) (Showa 27) (Showa 29)

Establishment of Permission of the Shogunate for Permission granted by Prohibition on Passage Establishment of Cabinet Decision to Acceptance The ROK’s requests/ Signing of the Entry into force of the San The ROK dispatched its Coast the Edo Shogunate the passage to Utsuryo Island was the Shogunate for to Utsuryo Island Meiji Government incorporate Takeshima into of the Potsdam Declaration/ The US’s response San Francisco Peace Treaty Francisco Peace Treaty Guard battalion to Takeshima, granted to merchants in Yonago passage to Takeshima Shimane Prefecture End of the War (the Rusk Letter) consolidating its arrangement of the illegal occupation

1 2 History of Takeshima as part of Japan’s territory in the prewar era Utilization in the and incorporation into Shimane Prefecture 1 1693-96 1 Permission granted by the Edo Shogunate for passage to Takeshima Genronku Takeshima Ikken (Affair) No.5 Map drawn based on precise knowledge Japan and Korea negotiated over Utsuryo Island (then called Takeshima), but It was during the Edo Period, in the early 17th century, that Japan, as a state, first permitted the use Ojima (Nishijima) failed to reach agreement. In January 1696, taking into consideration relations with of Takeshima. The Edo Shogunate issued directives to prohibit the Japanese from travelling abroad, Mejima (Higashijima) Korea, the Shogunate prohibited Japanese from traveling to Utsuryo Island. while permitting passage to Takeshima. Utsuryo Island The Korean Dynasty prohibited Koreans from traveling to and residing in Utsuryo Japan established its sovereignty over Takeshima in the middle of the 17th century at the latest. Tekeshima Island from the 15th century, which kept the island vacant. In 1692 (Genroku 5) the approx.1km Murakawa family went to Utsuryo Island, where they encountered a number of 1618 Koreans. Korea approx.158km In the following year, 1693, the Ohya family went to Utsuryo Island and also The Edo Shogunate granted permission to passage to Utsuryo Oki Island to merchants in Yonago (Tottori Prefecture). Later, encountered Koreans. The family brought two Koreans back to Japan as proof that Sea of Japan they were impeding the fishing of abalone. One of the Koreans was Ahn Yong-bok. permission to passage to Takeshima was also granted. Accordingly, by order of the shogunate, Tsushima Domain, which served as the Yonago contact point of the diplomacy and trade with Korea, repatriated the Koreans, Jinkichi Oya and Ichibee Murakawa, merchants from Yonago who operated 35°N Japan “Illustrative map of Takeshima submitted by Ihe-e Kotani” including Ahn, and initiated negotiation with Korea requesting that it prohibit its shipping agencies, made a request to the Edo Shogunate for passage to Utsuryo [Repository] Tottori Prefectural Museum Tsushima people from traveling to Utsuryo Island. However, the negotiation broke down. Island, an inhabited island abundant in lumber and marine products. With the In January 1696, the Shogunate decided to prohibit the Japanese from traveling Shogunate’s permission, the families of Oya and Murakawa took turns travelling to to Utsuryo Island to prevent conflict with Korea and take into consideration the two The Edo Shognate asked Tottori Domain on Utsuryo Island once each year and carried out their business. countries’ friendship. Meanwhile, traveling to Takeshima was not prohibited. This the situation of sailing to Utsuryo Island to Takeshima, on the route from Oki to Utsuryo Island, came to be used as a makes it clear that Japan considered Takeshima to be part of its territory from that consider making the decision on the prohibition navigational port, a docking point for ships and a rich fishing ground for sea lions No.2 Ensign of the Hollyhock period. on passage to the island in 1696. To reply to the and abalone. No.1-4 Crest (Aoi-mon) for ships Shogunate, Tottori Domain prepared a map sailing for Takeshima (left). In this map, Utsuryo Island (then called A ship's ensign bestowed by the 1693 The Oya family brought back to Japan two Koreans, including Ahn Shogunate to the Oya family, who sailed Yong-bok, whom they encountered in Utsuryo Island. Takeshima) and Takeshima (then called Matsushima) are depicted. No.1 Notification of Permission for Passage to Takeshima* (copy) *Utsuryo Island( See p.5) for Utsuryo Island and Takeshima in the 1693 - Japan (Tsushima Domain) negotiated with Korea. Takeshima is shown as two islands lying east and west, and on the shore This is a copy of the permission granted by the Shogunate for the Edo Period. Thought to have been hoisted 1696 The negotiation broke down. of the eastern island the characters of “Funasueba (berth)” and the sign of when sailing (it has now been converted Oya and Murakawa families to passage to Utsuryo Island, issued in Excerpt a hut are indicated. This shows that this was a precise map based on the 1618 (or 1625 according to some scholars) (translation into modern language) into a screen). Jan. 1696 The Edo Shogunate prohibited Japanese from traveling to Utsuryo Island to prevent conflict with Korea. Meanwhile, passage to knowledge of fishermen who fished in this place. Last year, the passage from Yonago of 17th century (estimated) [Repository] Municipal Yonago Historical-Museum This map is considered to have been made based on drawings made by Hōki Province for Takeshima was Takeshima was not prohibited. made. The request from the merchants the Murakawa Family, who had sailed to Utsuryo Island. This map, along in Yonago, Ichibee Murakawa and with other documents, confirm that the Japanese long had knowledge on Jinkichi Oya was forwarded to the No.4 Letter from Shozaemon Kameyama Shogun. Since the Shogun said that Who was Ahn Yong-bok? the existence of Utsuryo Island and Takeshima. permission may be granted, I ask you to Kyuemon-Katsuzane Oya to inform them that they are permitted Today he is a national hero in the ROK. This is a letter from Shozaemon Kameyama, serving Shiro-Goro 1618 (Genwa 4) Excerpt to sail (for Takeshima). [Repository] Municipal Yonago Historical-Museum Abe, Shogunate officer, to Kyuemon Oya in 1660 (Manji 3). This But in reality…their Korean dynasty punished him letter records that Shiro-Goro Abe obtained the endorsement of for the “crime of forging a letter.” the Senior Councilor of the Shogunate for sailing to Matsushima (current Takeshima). Today, in the ROK, Ahn Yong-bok is treated as a No.5 Information document issued by Roju (Senior Councilor of Documents that indicates the passage national hero who went to Japan twice in the late the Shogunate) regarding the prohibition on passage to by the Oya family to Takeshima No.3 No.4 17th century and got Japan to recognize that Utsuryo Island (copy) Takeshima belonged to Korea. A monument is built on Utsuryo Island to honor him. This is a copy of the document that No.3 Note submitted to the Shogunate patrol officer Certainly, records of Ahn’s travels to Japan remain. conveyed the information prohibiting the lodging at the Oya family in the 9th year of He was actually a fisherman operating around the families of Oya and Murakawa from traveling Enpou (1681) to Utsuryo Island. Utsuryo Island, which was vacated by measure of This is a note of Kyuemon-Katsunobu’s reply to the inquiries by the Korean dynasty. the Shogunate patrol officer who lodged at the Oya family in May According to the Annals of King Sukjong, which is Excerpt 1681 (Enpou 9). This note records that Takeshima was bestowed also cited in the statement of the ROK, Ahn was (translation into modern language) Stone monument in Utsuryo to the Oya family 24 or 25 years ago in the generation of Shogun interrogated on his return to Korea. Korean Ietsuna, and the family caught sea lions there. Island With regard to the passage to Takeshima (current government officials described him as a Shimane Prefecture Utsuryo) Island by the merchants in Yonago, Ichibee Excerpt Takeshima Reference Room Murakawa and Jinkichi Oya, which was requested in (translation into modern language) Excerpt “troublesome fisherman” and an “ignorant person the reign of Shintaro Matsudaira over Inaba and Hoki (translation into modern language) blown by the winds,” and stated that there was no Provinces, be advised that it has been instructed from Kyuemon-Katsunobu Oya In the previous year, Shiro-Goro (i.e., Shiro-Goro-Masatsugu Abe) obtained the There is a small island en route to Takeshima (current Utsuryo Island) that has a endorsement of the Senior Councilor for your (Oya family’s) plan to sail to reason that the dynasty would have sent such a the Shogunate that the passage will be prohibited 1681 (Enpou 9) hereafter, in spite of their past fishery activities there. circumference of approximately 20 cho (2.2 km) and is rocky without vegetation. In Matsushima (current Takeshima) en route to Takeshima (current Utsuryo Island) in person to Japan. In a letter from the Korean dynasty Included in Official Document of Takeshima the generation of Lord Gen-yu-in (i.e. the fourth Tokugawa Shogun, Ietsuna), this Above picture is a copy made by Shinkuro-Katsuoki the following year. 1696 (Genroku 9) island was bestowed to us 24 or 25 years ago through the brokerage of Shiro-Goro Oya in 1810 ( 11) to the lord of Tsushima Domain, it was conveyed that [Repository] Tottori Prefectural Museum Abe. We sail for the island and catch sea lions there for oil. [Repository] Ahn committed the “crime of forging a letter” and the Shimane Prefecture Takeshima Reference Room Written by Shozaemon Kameyama in September 1660 (Manji 3) [Repository] Shimane Prefecture Takeshima Reference Room dynasty exiled him in accordance with the law.

1603 1618 (1625) 1633 1696 1836 (Keicho 8) (Genwa 4 (Kan’ei 2)) (Kan’ei 10) (Genroku 9) (Tenpou 7)

Establishment of Permission of the Shogunate for National Isolation Edict Permission granted by the Shogunate Prohibition on Passage Tottori Domain made maps and Incident of the passage to Utsuryo Island the Edo Shogunate the passage to Utsuryo Island was for passage to Takeshima to Utsuryo Island submitted to the Shogunate on a pretext of passing to Takeshima granted to merchants in Yonago

Let’s see Korea’s (1) Korea’s Statement Annotation According to the ROK’s statement, these ancient Let’s see (2) Korea’s Statement Annotation Statement - Korean ancient documents - documents include a record of Takeshima. Korea’s Statement - Ahn Yong-bok’s trip to Japan -

Korean ancient official documents describe The documents cited by the ROK do not include any Ahn Yong-bok protested to Japan that Takeshima belonged to The negotiation failed to settle and Ahn Yong-bok did not represent the that Takeshima belongs to Korea. description of Takeshima, and thus cannot be Korea. As the result of the negotiations between Korea and broke down. The Edo Shogunate Korean Dynasty. regarded as proof that the ROK owned Takeshima. prohibited traveling to Utsuryo Numerous early Korean government publicationsmention Dokdo, which demonstrates Japan, Takeshima was decided to be part of Korea, and Japan The ROK asserts that Ahn Yong-bok went to that Korea has long recognized and governed Dokdo as Korean territory.Some of the prohibited the Japanese from traveling to Takeshima. Island for the sake of Japan’s friendship with Korea. Travel to Japan in May 1696 for the second time, and most notable records pertaining to Dokdo in early Korean government publications are The statement by the ROK does not explain any relations between The Republic of Korea states that a Korean named Ahn Yong-bok traveled to protested that Takeshima belonged to Korea. listed below: the cited documents and the anticipated conclusion, and includes Japan, and protested that Takeshima belonged to Korea, which brought Japan and Utsuryo Island was prohibited, but However, Ahn’s actions and utterances were 1454 Sejong Sillok, Jiriji (Geography Section of the Annals of King Sejong’s Reign) false interpretation of the documents. Korea to start negotiations, and led them to confirm that Utsuryo Island and “Dokdo” that to Takeshima was not. done only in a personal capacity. The Korean were part of the Korean territory. The ROK asserts that the Edo Shogunate Dynasty disregarded his actions, which, in its 于山武陵二島在縣正 The two islands of Usan [Dokdo] and Mureung (1) The ROK’s statement does not elaborate where Takeshima prohibited travel to Utsuryo Island after the recognition, had nothing to do with the Dynasty. [] are located in the middle of the sea 東海中 (named Dokdo in Korean) is recorded in the documents. negotiation between Japan and Korea, because due east of the hyeon [Uljin County]. 二島相去不遠 風日 Korea’s territorial sovereignty over Ulleungdo and its ancillary Dokdo was confirmed Japan recognized that Utsuryo Island belonged to The two islands are not far apart from each through the diplomatic negotiations between the Korean and Japanese governments (2) In 1531 Sinjeung Dongguk Yeoji Seungnam, “Usando” appears Korea. 清明 即可望見 other and are visible on a clear day. (Ulleungdo Dispute) in the 17th century. Lack of credibility in Ahn’s statement between the Korean Peninsula and Utsuryo Island on the Map of In fact, the negotiation broke down. The reason 新羅時 稱于山國一 They were called Usan-guk or Ulleungdo during … Eight contained in said document (right), and that the Shogunate decided to prohibit traveling to The statements Ahn made when he was 云鬱陵島⦆ the period. Ahn Yong-bok, who lived during the reign of King Sukjong of the Dynasty, made cannot be considered to be Takeshima. two trips to Japan, the first of which was against his own will in 1693 when he was Utsuryo Island in January 1696 was, according to interrogated by Korean government officials on captured by the Japanese in Ulleungdo. The 1693 kidnapping of Ahn Yong-bok triggered the Shogunate’s document, that “it was not wise his return to Korea contradict the facts in many (3) The description in 1454 Sejong Sillok, Jiriji, “[t]he two islands are the territorial Dispute over the Ulleungdo between Korea and Japan. The kidnapping is 1531 Sinjeung Dongguk Yeoji Seungnam to ruin a good relationship with a neighboring regards and lack credibility. (Revised and Augmented Survey of the Geography of Korea) not far apart from each other and are visible on a clear day,” is Hachido-sozu (Map of the Eight Provinces significant because the jurisdictional status of Ulleungdo and Dokdo was confirmed in the country.” The Shogunate appeared to have taken expanded on in 1531 Sinjeung Dongguk Yeoji Seungnam with of Korea (Paldo-chongdo)), Sinjeung course of the diplomatic negotiations. Regarding Ahn Yong-bok’s second trip to Japan in Dongguk Yeoji Seungnam, vol.1 - 55 into consideration the maintenance of its 于山島 鬱陵島 Usando [Dokdo] Ulleungdo “trees on the hills and beaches at the foot are visible.” Since 1696, a record of Ahn Yong-bok’s statement can be found in Sukjong Sillok (Annals of Edited by the Koten Kankou Kai King Sukjong’s Reign). It is recorded that Ahn Yong-bok told the Japanese fishermen he friendship with Korea despite the difference in Also called Mureung or Ureung, the two Takeshima has no trees, the descriptions in those documents (Gojeon Ganhaeng Hoe) 一云武陵一云羽陵 encountered in Ulleungdo that “Matsushima is Jasando [Dokdo] which is Korean views. islands are located in the middle of the sea cannot mean that Takeshima is visible from Utsuryo Island. Published by the Toukoku Bunka-sha 二島在県正東海中 (Dongguk Munhwa Sa), territory” and that he went over to Japan to lodge a protest against Japan’s It is worth reaffirming here that it was to Utsuryo due east of the hyeon [Uljin County]. 1958 (Showa 33) encroachment on the Korean territories of Ulleungdo and Dokdo. Island that the Shogunate prohibited travel, not [Contribution] Shimane Prefecture p.14, Dokdo : Beautiful Island of Korea, Ministry of Foreign Affairs, the Republic of Korea Takeshima. (See above) Takeshima Reference Room p.7,20, Dokdo : Beautiful Island of Korea, Ministry of Foreign Affairs, the Republic of Korea

3 4 2 Incorporation Takeshima into Shimane Prefecture in Meiji Era

Opening the country – Development into a modern nation under the Meiji Government Around 1900 private use of Takeshima became active. In 1905, the Japanese No.6 Government incorporated Takeshima into Shimane Prefecture by Cabinet Attached map in the request for In the late 19th century, with advances by European and American nations In 1880 the Meiji Government dispatched the warship Amagi for a field study. Decision, reaffirming its sovereignty over the islands. incorporation into the territory and into Asia, international relations in the region became complex. The Meiji From around this time until the early 20th century, activities in the private sector lease of "Lyanko Islands” (copy) Government faced the critical challenges of modernizing the nation as well as have been gradually intensified surrounding Takeshima, which required the consolidating the local governing system, and clarifying the status of peripheral government to take measures to prohibit travel to Utsuryo Island. January 28, 1905 (Meiji 38) This page with a map was contained in the request that Yozaburo Nakai islands. Requested for lease by Japanese citizen, the Japanese submitted to the Government for leasing Takeshima in 1904. Nakai pointed out Government incorporated Takeshima into Shimane that the number of fishermen hunting sea Temporary confusion of names and locations of Utsuryo Island and Takeshima Prefecture by Cabinet decision. lions was increasing, while a decline in the number of sea lions in the area was Around 1900, the sea lion hunting became active around Takeshima and soon being observed and explained that the excessive competition became a concern. Yozaburo Nakai, a resident of the Oki purpose of the requested lease was to Islands in Shimane Prefecture, submitted a request in September 1904 to three avert competition and introduce catch Takeshima / Present-day Takeshima used to be called Matsushima. Chart 1 limits, among other reasons. The map Isotakeshima government ministers (the Home Minister, the Foreign Minister, and the Present-day Takeshima was once called “Matsushima” in Japan, whereas Utsuryo Island was called indicates sea lion landing areas. Matsushima Agriculture and Commerce Minister) for leasing “Lyanko Islands.” “Takeshima” or “Isotakeshima.” Utsuryo Upon the request from Nakai and after hearing the opinion of Shimane Island Takeshima Prefecture, the government stipulated on January 28, 1905, through a Cabinet ROK decision, that the islands would be officially named “Takeshima,” and that the Yozaburo Nakai 1904 (Meiji 37) From the late 18th to 19th century, the geographic recognition was Chart 2 islands would come under the jurisdiction of the Oki Islands branch office of the [Repository] Shimane Prefecture Public Records Center confused and an imaginary island appeared on maps. Shimane Prefectural Government. Oki Islands No.6-7 In 1787, the French explorer Jean-Francois de Galaup, Conte de La Pérouse, named Utsuryo Island “Dagelet.” The British explorer James Colnett also named it “Argonaut” in 1789. However, as there was Shimane some inaccuracy in the latitudinal and longitudinal charting, Utsuryo Island ended up being depicted as consisting of two separate islands on the maps subsequently produced in Europe. Chart 1: Early Names Pref. No.7 Cabinet Decision of January 28, 1905 A doctor named Philipp Franz von Siebold created a “Map of Japan” (1840) in Europe. He had learned (The uninhabited island, located 85 nautical miles northwest Imaginary from various Japanese documents and maps that two groups of islands, which were, from west to east, Matsusima (Siebold) of Oki Island, will be named Takeshima and it will come under Island “Takeshima” (present-day Utsuryo Island) and “Matsushima” (present-day Takeshima), were located the jurisdiction of the Director of the Oki Island Branch Office Utsuryo Island between the Oki Islands and the Korean Peninsula. Siebold listed an imaginary island between the Korean of the Shimane Prefectural Government) Peninsula and Utsuryo Island as “Takashima” and Utsuryo Island as “Matsushima” on his map. (Chart 2) Takasima (Siebold) Takeshima This caused further confusion by giving a different name, “Matsushima,” to Utsuryo Island, which had The Cabinet decision observed that the uninhabited island consistently been called “Takeshima” or “Isotakeshima” until then. (i.e. Takeshima), located at 37°9'30" North, 131°55' East, and ROK Lyanko Islands 85 nautical miles northwest of the Oki Islands, had no trace (common name) *The island now known as of occupation by any other states, and that it was clear from Takeshima came to be called Oki Islands the related documents that the person named Yozaburo “Lyanko Islands,” so named Nakai had moved to the island and engaged in fishery after the French ship, The 1880 field study clarified the situation. Liancourt, that discovered activities since 1903. Thus, the Cabinet, in this decision, the island. Receiving requests to develop “Matsushima,” the recognized the occupation under international law, and Government conducted a field study in 1880 in order to clarify considered that there would be no obstacle to regard the Chart 2: Names in the late 19th century Shimane island as belonging to Japan and to place it under the Pref. the relationship among the different names of the islands, and confirmed that the island referred to as “Matsushima” in the jurisdiction of the Director of the Oki Island Branch Office of the Shimane Prefectural Government. request was actually “Utsuryo Island.” Therefore, Utsuryo Island came to be called “Matsushima,” which raised the question of what to call the island now known as “Takeshima.” *1 Matsusima (I. Dagelet) *1 To resolve this issue, the Japanese Government changed the *2 Takasima (I. Argonaut) traditional names, officially naming present-day Takeshima as Excerpt *2 such in 1905. The matter of the jurisdiction of uninhabited island (text omitted). international law, and therefore we consider that there would be no Cabinet The uninhabited island, located at 37°9'30" North, 131°55' East, and obstacle to regard the island as belonging to Japan and to place it January 28, 1905 (Meiji 38) 85 nautical miles northwest of the Oki Islands, has no trace of under the jurisdiction of the Director of the Oki Island Branch Office [Repository] National Archives of Japan Chart 3: Map of Japan (Siebold) occupation by any other states, and the year before last, in 1903 of the Shimane Prefectural Government. 1840 (Tenpou 11) [Repository] National Museum of Japanese History (Meiji 36), (text omitted) we recognize the occupation under

1849 1868 1868 1871 1877 Sep. 29, 1904 Jan. 28, 1905 Feb. 22, 1905 ( 2) (Keiou 3) (Meiji 1) (Meiji 4) (Meiji 10) (Meiji 37) (Meiji 38) (Meiji 38)

A French whaling ship, Decree for the Restoration Establishment Abolition of Seinan War Yozaburo Nakai submitted to Cabinet Decision to Shimane Prefecture The Administrative right was executed continuously in such forms as the Liancourt, discovered of Imperial Rule (End of of Meiji Domains and the Government the request incorporate Takeshima noticed the incorporation amendment of the Fishing Industry Control Regulations, the entry in the Takeshima the Edo Shogunate) Government Establishment of for leasing Takeshima into Shimane Prefecture Ledger of State-Owned Land, the licensing of sea lion hunting, etc. Prefectures

Let’s see Korea’s (3) Korea’s Statement Annotation Statement - 1900 Imperial Decree No. 41 -

The ROK asserts that Korea declared an Imperial Decree in 1900 that provided that Takeshima was put under the jurisdiction of a Korea issued an Imperial Decree to Korean administrative area (Uldo). incorporate Takeshima into Korean territory as “Seokdo.” No proof has been provided to identify “Seokdo” as Takeshima Kan-non The ROK asserts that “Seokdo [Dokdo]” was in the provision of Island On October 24, 1900, the Uijeongbu (State Council), the Imperial Decree, but provided no proof that Seokdo was the decided that “Ulleungdo shall be renamed Uldo” and “the same as Takeshima. post of the Island Chief (dogam) shall be promoted to In the “Request for Cabinet Decision Regarding the Change of county magistrate (gunsu).” The amendments were Chiku-sho approved by the Emperor on October 25, 1900 and the Name of Utsuryo Island [Ulleungdo] to Utsu Island [Uldo] and [Jukdo] declared in the Imperial Decree No. 41 in the the Change from Island Administrator to County Magistrate” (1900), which was submitted at the time of deliberation on said Decree, it government’s official gazette on October 27, 1900. Utsuryo Island is stated that “the area of the island concerned is 80 ri on the long Article 2 of Imperial Decree No. 41 stipulates that “as axis (approx. 34km) and 50 ri across (approx. 21km). This area regards the districts, all of Ulleungdo as well as Jukdo and cannot include Takeshima, 90km from Utsuryo Island. Seokdo [Dokdo] shall be placed under the jurisdiction of Uldo-gun (Uldo county),” explicitly including Dokdo among the districts under the jurisdiction of Uldo-gun The Imperial Decree cannot constitute proof 5km (Uldo county). of effective rule p.24, Dokdo : Beautiful Island of Korea, Regardless of whichever “Seokdo” in Imperial Decree No. 41 is Ministry of Foreign Affairs, the Republic of Korea intended to be Takeshima, the ROK has not provided any proof that Korea effectively ruled Takeshima before and after the declaration of the Imperial Decree. Hence Korea cannot be considered to have established its sovereignty over Takeshima.

Takeshima (Photographed by Masasuke Ono,1906) 5 [Repository] Shimane Prefectural Library 6 3 Continuous execution of the administrative right over Takeshima

May 1905 March 29, 1909 Entry in Ledger of State-Owned Land Designating the area of jurisdiction by Imperial Edict February 22, 1905 Jurisdiction Shimane Prefecture announced the incorporation of At the instruction of No.10 Ledger of State-Owned Land This Imperial Edict in 1909 designated the No.11 Imperial Edict No. 54 of 1909 Takeshima, added Takeshima to the State Land Shimane Prefecture, the Oki / Takeshima Oki Islands as an Island Area in which the Island Branch Office took Island Branch Office was established, and Register, and conducted field studies. Excerpt measurement of the area of included Takeshima once again in the area I hereby proclaim to approve the case of designation of Takeshima, and reported the under the jurisdiction of the Oki Island the Island Areas in which the Island Branch Offices are Based on the Cabinet decision, Shimane Prefecture announced on established. result with an abbreviated Branch Office. Accordingly, in 1909, the Oki (official signature and seal) February 22, 1905 the incorporation of Takeshima throughout the March 29, 1909 prefecture, added Takeshima to the State Land Register, and map. Shimane Prefecture Islands were officially designated as an (text omitted) added this result to a Ledger of Island Area with the Island Branch Office by Imperial Edict No. 54 designated the sea lion hunting as a fishery activity that required a The Island Areas in which the Island Branch Offices are license from the Shimane Governor. In the same year, the Governor State-Owned Land in this Imperial Edict, and it was clearly stated established are designated as follows: accordance with the report. that Takeshima was placed under the visited Takeshima. In 1906, the Shimane Prefectural research corps Name of prefecture, Name of Island Branch Office, Area landed on the island to investigate and made geological maps. At the The area is recorded as 23 cho jurisdiction of this Island Branch Office. under the jurisdiction 3 tan 3 sebu (approx. 0.231 (text omitted) national level, the Japanese Navy Hydrographic Department took Shimane Prefecture, Oki Island Branch Office, Oki Island, km²). Takeshima measurements of Takeshima. With these activities, the administration (text omitted) of Takeshima was consolidated.

No.8-10 Cabinet March 29, 1909 (Meiji 42) [Repository] National Archives of Japan Geographical Section, Shimane Prefecture May 17, 1905 (Meiji 38) [Repository] Shimane Prefecture Public Records Center

No.8 Shimane Prefectural Notice No.40 This notice clarifies the location of the islands in terms of June 6, 1905 March 1, 1906 1906 - northern latitude and eastern longitude, and informs all Commercial Registration Taxation on sea lion hunting Collection of the rent for State-Owned Land Taxation jurisdictions inside Shimane Prefecture that the islands shall be Registration known as Takeshima and placed under the jurisdiction of the This is an official Shimane Prefecture amended Prefectural Ordinance No. Yozaburo Nakai Governor of the Oki Islands belonging to Shimane Prefecture. publication (gazette) that No.14 11 of 1901 (Regulations on the Assessment of Prefectural submitted the request for No.13 announces the registration of Official Gazette (6586) Taxes), adding "sea lion hunting" to the list of items subject leasing Takeshima and the Takeshima Fishing and to business tax (fishery and seaweed harvesting), with a tax obtained permission to do Rental fees for state- Excerpt owned property Hunting Limited Partnership rate. so. A request was submitted (land use fees) Company with Yozaburo Commercial Registration every five years, and the Company Name: The Takeshima Nakai as representative, Fishing and Hunting Limited No.12 lessee paid the annual rent Excerpt established in 1905. Partnership Company for State-Owned Land into Excerpt Shimane Prefectural The islands at 37°9'30" north Headquarters: Saigo-cho, Suki the Bank of Japan. The Matter: Takeshima island acreage latitude and 131°55' east County, Shimane Prefecture Ordinance No.8 23 cho 3 tan 3 sebu (approx. 231 longitude located 85 nautical ledger remains, recording km²), rental fee for 1 year from Purpose: Hunting sea lions around (Regulations on the miles northwest of the Oki the collection of the rent April 1925 to March 1926 Islands are hereby named Takeshima, production and sales Assessment of Prefectural Revenue category Bank of Japan Takeshima, and shall come Representative member of the with the entry of 4.70 yen. under the jurisdiction of the Oki company: Yozaburo Nakai Taxes) Islands Branch Office of this Oki Island Office prefecture. Date of establishment: June 3, 1905 (Meiji 38) 1925 (Taisho 14) Excerpt [Repository] Shimane Prefecture Public Records Center Registered on June 6, 1905 Fishery and Collecting Seaweeds Section of open sea Whaling Saigo Ward Court Sea lion hunting June 6, 1905 (Meiji 38) 1.5% of the value of catches per [Repository] National Diet Libary annum

Matsunaga Bukichi (Governor of Shimane Prefecture) Matsunaga Bukichi (Governor of Shimane Prefecture) February 22, 1905 (Meiji 38) March 1, 1906 (Meiji 39) [Repository] Shimane Prefecture Public Records Center [Repository] Shimane Prefecture Public Records Center

April 14, 1905 June 5, 1905 April 1, 1921 June 6, 1936

No.9 Original Record of Longitude and Designating sea lion hunting as an activity Issuing license for Permission to collect seaweed Granting permission for Latitude Measurement requiring license by the Prefectural Governor sea lion hunting around Takeshima prospecting for rock phosphate An original record of longitude and latitude measurement Shimane Prefecture issued a sea lion hunting permit Shimane Prefecture amended the Fishing Industry Upon the submission of a request for prospecting conducted by the Hydrographic Department. It includes a Shimane Prefecture added to Yozaburo Nakai and others who submitted requests, Control Regulations to permit licensed fishermen for rock phosphate, the Osaka Mine Supervisory sea lion hunting around No.15 Shimane Prefectural Ordinance

measurement map of Takeshima surveyed in August 4 to 5, and Licensing with a license tag. engaging in sea lion hunting to also collect seaweed Office, Ministry of Commerce and Industries, granted No. 18 (Fishing Industry Control 1908. Takeshima to the list of and shellfish in a specified area around Takeshima. permission on June 6, 1939. The Ministry of Industrial Regulation Regulations) industrial fisheries activities Commerce and Industries publicized this granting of requiring license by the permission in the Official Gazette No. 3813 on Prefectural Governor by September 19, 1939. amending the Fishing Industry Control Regulations, Shimane Prefectural Excerpt No.16 Shimane Prefecture Agriculture No.17 No.18 Mining matter (Ministry of Commerce in order to prevent No. 1926 Ordinance No. 21, 1921 and Industries) Permission for Location: over-hunting of sea lions. prospecting for rock phosphate East Coast of Korea, Takeshima (Oki Province), Excerpt Mejima, on the south horn Excerpt Measurement Dates: August 4 to Article 15 Mining Matter: The measures in 5, 1908 5. Amend the attached clause to accordance with the Mining Act are as “this article shall not apply to the follows: fishermen who obtain a license for (Ministry of Commerce and Industries) sea lion hunting when they collect Permission for prospecting Registration agar, laver, wakame, No.: Shimane 2,143 mother-of-pearl, abalones, Location of mining area: Takeshima, Oki hard-shelled mussels, etc.” and the surface of the surrounding sea area Kind of mineral: Phosphate Area: 83,800 tsubo (0.28 sq. km) Right holder and address: Tottori Matsunaga Bukichi Prefecture (text omit) (Governor of Shimane Prefecture) Date of permission and registration: June 5, 1905 (Meiji 38) June 6, (Showa) 14 (1939) Hydrographic Department, Imperial Navy Matsunaga Bukichi (Governor of Shimane Prefecture) [Repository] Shimane Prefecture Sanehide Takarabe (Governor of Shimane Prefecture) August, 1908 (Meiji 41) April 14, 1905 (Meiji 38) Public Records Center April 1, 1921 (Taisho 10) [Repository] Hydrographic and Oceanographic Department, Japan Coast Guard [Repository] Shimane Prefecture Public Records Center [Repository] Shimane Prefecture Public Records Center Ministry of Commerce and Industries September 19, 1939 (Showa 14) [Repository] Shimane Prefectural Library

7 8 Treatment of Takeshima in the San Francisco Peace Treaty and 2 Actions of the Republic of Korea 1 End of the War and Negotiations toward the Conclusion of the Peace Treaty

End of the War Negotiations toward the conclusion of the Peace Treaty US-UK Joint Draft ROK requested an amendment of the Draft Japan was under occupation until the The US began preparing a draft of the Peace Treaty around 1947, then developed its draft while holding A draft was made based on the recognition The US replied that Takeshima had never been part of Korea, and belonged to Japan. Peace Treaty was concluded with the preparatory consultations with countries concerned, and consulted with the United Kingdom (UK), which had that Takeshima belonged to Japan. Allied Powers. prepared a separate draft.

End of the War/ Start of Occupation Treaty Negotiation

Developments among the Allied Powers Developments among the Allied Powers Developments in the ROK Developments in the US

August 1945 1951 April 25, 1951- May 3, 1951 July 19, 1951 August 10, 1951

Acceptance of the Potsdam US Draft US-UK consultations Proposed draft considered in US-UK Joint Draft The ROK’s requests to the The US rejects the ROK’s Declaration the US-UK consultations US to modify the revised requests The US circulated its draft The US and the UK, playing (citation) Based on their consultations, the US and the UK agreed to add Joint US-UK draft. (the so-called Rusk Letter). to the related nations, which a leading role in making peace “three islands: Quelpart, Port Hamilton and Dagelet” as part of started the full-scale with Japan, consulted with one ARTICLE 1 Korean territory to the original US draft, which simply described (1) Include Takeshima as (1) Takeshima was never Potsdam Declaration (citation) negotiations for the Peace another to prepare a joint draft. Japanese sovereignty shall continue over --- territory that Japan would renounce. The US and the UK prepared part of Korean territory N o! a part of Korea Treaty. In relation to Japan’s In these consultations, a draft between Korea and the island of Tsushima, a joint draft on May 3, 1951, and revised it in June. 8. The terms of the Cairo Declaration continuing in this direction with the islands of territory, the US draft stated proposal in which Takeshima The ROK requested that the US The US rejected the ROK’s request shall be carried out and Japanese Oki-Retto to the south-east and Take Shima to simply that Japan shall was excluded from the sovereignty shall be limited to the the north-west curving with the coast of US-UK Joint Draft (citation) US/ UK include Takeshima (“Dokdo” in the by stating that Takeshima was renounce Korea. Japanese territory was , ---The line above described is plotted ROK’s letter) in the islands that “according to our information never islands of Honshu, , Kyushu, The provision on the considered (but not adopted). on the map attached to the present treaty --- CHAPTER II. -TERRITORY Article 2. Japan would renounce. treated as part of Korea and, since and such minor islands as we renunciation of determine. Japan renounces all rights, titles and about 1905, has been under the claims to Korea (including Quelpart, Port Korea was finalized jurisdiction of the Oki Islands Branch Hamilton and Dagelet), Formosa and the by adding the three Office of Shimane Prefecture of Japan.” US Draft (citation) A proposed draft that deemed islands lying within a line drawn Pescadores... islands to the US similar to the MacArthur Line to be Japanese territory was draft. Potsdam Declaration Japan renounces all rights, considered, but not adopted. titles and claims to Korea, 125˚ 130˚ 135˚ (2) The Treaty provisions 40˚ No.1 (2) Maintain the governing fishing in high seas The Potsdam Declaration was a Formosa and the US-UK MacArthur Line cannot be included declaration in which the Allied Pescadores; Joint Draft The ROK requested that the US Powers called on Japan to maintain the so-called MacArthur N o! The US rejected the ROK’s request surrender at the end of WWII. It Dagelet US Takeshima May 3, 1951 (Showa 26) Line (i.e., the area authorized for by stating that “any attempt to include covers Japan’s disarmament, [Repository] in the treaty provisions governing Islands described in the San Francisco The National Archives (UK) Japan’s fishing and whaling under demilitarization, democratization, Peace Treaty as part of Korea Takeshima [Contribution] fishing in high seas areas would The US communicated MacArthur Line the occupation) even after the and eventual return to the Japan Institute of International Affairs to countries concerned Peace Treaty entered into force. indefinitely delay the treaty’s international community, among of the US recognition Oki conclusion,” and “…the so-called other matters. The Declaration was that Takeshima had long Port Hamilton MacArthur line will stand until the treaty conveyed to Japan on July 26, comes into force, and …Korea …will been recognized as 35˚ 1945. Japan accepted it in August, Japanese. have the opportunity of negotiating a putting an end to the War. fishing agreement with Japan prior to Quelpart No.3 Letter to the US Secretary of State, Dean G. Acheson that date.” Letter dated July 19, UK Excerpt 1951, conveying the Modification of Article 2 (a) The UK considered that requests of the ROK on confirms that it renounced on August 9, 1945, all right, title and the territorial limits Not the draft of the Peace claims to Korea and the islands which were part of Korea prior to Adopted its anexation by Japan, including the islands Quelpart, Port between Japan and MacArthur Line Treaty. Hamilton, Dagelet, Dokdo and Parando Korea should be described slightly further 30˚ July 19, 1951 (Showa 26) Insertion at the end of Article 9 (of the Fisheries Agreement) in detail in the Treaty. [Repository] The US National Pending the conclusion of such agreements existing realities such Archives and Records as the MacArthur Line will remain in effect Administration

Aug. 1945 Mar. 1951 Apr. 25 - May 4, 1951 Jun. 1951 Jul. - Aug. 1951 (Showa 20) (Showa 26) (Showa 26) (Showa 26) (Showa 26)

Acceptance of the Preparatory consultation Start of Negotiations US-UK consultations Revised US-UK Joint Draft The ROK’s requests Potsdam Declaration for the Peace Treaty toward the Treaty The US’s response (the Rusk Letter) End of the War

Developments in Japan Agreement in the US-UK Response from the US consultations Supreme Commander for the Allied Supreme Commander for the Allied At the 7th meeting of the No.2 Letter dated August 10, No.4 Power Instruction Note No.677 Power Instruction Note No.1033 US-UK consultations held Anglo-American Meetings 1951, in response to the Response from the US January 1946 June 1946 intensively in Washington, on Japanese Peace Treaty ROK’s requests on the (the so-called Rusk Letter) DC, from April 25 to May 4, Peace Treaty (letters dated Temporary suspension of Japan’s Forbidding approaching close to Takeshima 1951, both delegations July 19 and August 2, 1951). administrative authority (expired in April 1952) (Lifted in April 1952) agreed that it would be The US clearly rejected the Excerpt preferable “to specify only ROK’s recognition in the ...As regards the island of Dokto, otherwise known The General Headquarters of the Supreme Furthermore, SCAP issued a note concerning the area as Takeshima or , this normally the territory over which letter by stating that uninhabited rock formation was according to our Commander for the Allied Power (GHQ/ SCAP) directed authorized for Japan’s fishing and whaling (the so-called information never treated as part of Korea and, Japan was renouncing Takeshima was “never Japan to cease exercising its administrative authority “MacArthur Line”), which explicitly forbade approaching since about 1905, has been under the jurisdiction sovereignty,” and confirmed treated as part of Korea… of the Oki Islands Branch Office of Shimane over any area outside the defined limit and excluded close nor any contact to Takeshima. Prefecture of Japan. The island does not appear that “the insertion of the The island does not appear ever before to have been claimed by Korea. ... Takeshima from the limit. *Paragraph 5 of this note provides that “The present authorization is not an three islands: Quelpart, Port ever before to have been *Paragraph 6 of the note provides that “Nothing in this directive shall be construed as expression of allied policy relative to ultimate determination of national jurisdiction, an indication of Allied policy relating to the ultimate determination of the minor international boundaries or fishing rights in the area concerned or in any other area.” Hamilton and Dagelet” was claimed by Korea.” islands referred to in Article 8 of the Potsdam Declaration.” required for the provision on the renunciation of Korea in Ceasing the execution of governmental authority in the period of the occupation as well the US draft. May 2, 1951 (Showa 26) August 10, 1951 (Showa 26) as the Mac-Arthur Line did not have any effect on the determination on Japan’s territory. [Repository] The National Archives (UK) [Repository] The US National Archives and Records Administration

9 10 2 Signing and Enforcement of the Peace Treaty / Developments in the ROK Entry into force of Illegal Occupation by the ROK the Peace Treaty Signing of the Peace Treaty Syngman Rhee Line resumed passage to Takeshima, The ROK dispatched its Coast Guard battalion to Takeshima to occupy it illegally. The ROK’s requests to modify the provisions were rejected; the Treaty The ROK, whose requests were rejected, resorted to forceful measures; Japan, the but were soon blocked by the ROK. The US and the UK viewed Takeshima as belonging to Japan, in accordance with confirmed that Takeshima was Japan’s territory. US and other countries protested. An incident occurred in which Japan Coast Guard the San Francisco Peace Treaty. patrol vessels were fired upon.

Signing of the Treaty Enforcement of the Treaty ROK’s Illegal Occupation of Takeshima Restoration of Sovereignty of Japan Developments in the ROK Developments in Japan

September 8, 1951 January 18, 1952 April 28, 1952 June 1953 - July 1953 - Signing of the San Francisco Peace Treaty The ROK President declares ‘maritime sovereignty.’ Entry into force of the San Francisco Passage to Takeshima resumes Incident in which shots were fired Peace Treaty against Patrol Vessel Hekura of the Islands that belonged to Japan other than Honshu, Hokkaido, ROK President Syngman Rhee Consequently, there was a rise in Upon the release of Takeshima from the Japan Coast Guard issued the declaration of ‘maritime cases of the seizure of Japanese Japan restored its independence along with the designation of a bombing range, Shimane Prefecture Kyushu, and Shikoku were determined. On July 12, 1953, dozens of shots were fired at sovereignty,’ by which the ROK fishing vessels by the ROK authorities, termination of instructions and measures by the permitted fisheries around Takeshima, and fishing Patrol Vessel Hekura of the Sakai Coast Guard, the unilaterally established the so-called mainly in fishing areas south of GHP/ SCAP including SCAPIN 677. Later, operations started in waters surrounding Takeshima. 8th Regional Coast Guard Office. Syngman Rhee Line in a way that Quelpart. This was accompanied by Takeshima was designated as a bombing range Meanwhile, as illegal landings by ROK nationals would incorporate a large area on high many cases of the detention of for the US Forces. frequently occurred, the Japanese authorities began Exchanges of notes verbale seas, including Takeshima in this area. Japanese crew members, worsening taking enforcement measures. between Japan and the ROK the situation. On the day following the incident in which the 125˚ 130˚ 135˚ 40˚ Japan Coast Guard Patrol Vessel Hekura was fired

39°45′N July 26, Designation of Takeshima as a San Francisco Peace Treaty 124°E upon, Japan lodged a protest against the ROK. 1952 bombing range for the US Forces. (citation) Exchanges of notes verbales begun, conveying (Passage to Takeshima was not Takeshima each side’s grounds for its territorial claims to the 38°N allowed.) 125˚ 130˚ 135˚ 132°40′E Chapter II Territory Dagelet MacArthur Line other. Both Japan and the ROK argued that Article 2 40˚ Takeshima was its own territory based on historical Takeshima Rhee Line (a) Japan recognizing the March 19, Release of Takeshima from the above facts and international law. independence of Korea, 1953 designation renounces all right, title and Oki Islands Main exchanges of notes verbale (views)

claim to Korea, including the 35°N 35˚ 130°E Japan ROK islands of Quelpart, Port 34°40′N 129°10′E

Hamilton and Dagelet. Syngman Rhee Line Port (1) July 1953 (1) September 1953 Hamilton (2) February 1954 (2) September 1954 Quelpart (3) September 1956 (3) January 1959 Newspaper article in the (4) July 1962 (4) December 1965 Dagelet 32°N San-in Shimpo (July 14, 1953) 124°E 32°N [Repository] Shimane Prefectural Library Takeshima 127°E

MacArthur Line

30˚ Implementation of a Joint Investigation From June 22 to 28, 1953, the 8th Regional Islands mentioned in Article 2 (a) of the San Francisco Peace Treaty Maritime Safety Headquarters (current Regional No.6 Coast Guard Office) implemented a crackdown on Photos of Joint illegal passage and fishing, found six ROK nationals 35˚ on Takeshima, questioned them, warned them that Investigation by Japan, US and other countries Takeshima belonged to Japan and their activities Shimane Prefecture Japan, the US, the UK and other countries protested against this declaration as were regarded as illegal entry and fishing, and and the Japan Coast demanded that they leave the island. However, they Port infringing on the principle of freedom of the high seas. Japan also protested against Guard Hamilton did not have any powered vessel at the time, and the ROK’s territorial claims over Takeshima included in the declaration. (Japan’s were made to promise to return by the next protest: January 28, 1952) available ship. Quelpart June 27, 1953 (Showa 28) ROK nationals being questioned on Takeshima [Repository] Shimane Prefecture Takeshima Reference Room

Sep. 8, 1951 Apr. 28, 1952 Jun. 1954 (Showa 26) (Showa 27) (Showa 29)

Signing of the San Francisco Entry into force The ROK dispatched its Coast Guard battalion to Takeshima, Peach Treaty of the San Francisco Peace Treaty consolidating its arrangement of the illegal occupation

View of the US: Report of the Mission of View of the UK: Cable sent from the British Embassy US protest against the declaration of maritime sovereignty Ambassador Van Fleet in Japan to the Foreign Office 30˚ In the process of drafting the San Francisco Peace Treaty, the US concluded that in It was reported to the Foreign Office in the capital that “our The US expressed spite of the ROK’s requests, Takeshima remained under Japanese sovereignty and was [Embassy’s] … view is that under Article 2 of the Peace Treaty, … No.5 February 11, 1952 (Showa 27) [Repository] Deplomatic Archives of Ministry of Foreign Affairs ROK deep concern to the Protest by the US not included among the islands that Japan released from its ownership. The US position Takeshima unmistakeably forms part of Japanese territory.” ROK, pointing out the was that the dispute might properly be referred to the International Court of Justice, and Excerpt possibility that the this suggestion was informally conveyed to the ROK. No.8 Cable sent from the British Embassy declaration would No. 167 wishes to call to the attention of the Republic of Korea, that, unlike the two MEMORANDUM American Embassy, Proclamations issued by the President of the United States of America on Part I: The United Government is very much interested in seeing in Japan to the Foreign Office infringe on the rights Pusan, February 11, 1952. September 28, 1945 concerning United States policy with respect to the a just and equitable settlement of the fishing problem and the other out- resources of the continental shelf and the conservation of contiguous high seas standing problems between Japan and Korea but believes that this is primarily a No.7 Report of the Van Fleet Mission to the Far East on the high seas held Excellency: fisheries, the Korean Proclamation relates to Korean national sovereignty over matter to be worked out between the two countries in the forthcoming Outline I have the honor to advise Your Excellency that the Government of the United the areas specified therein. The two United States Proclamations did not negotiations. It is hoped that moderation on both sides and recognition of the On July 14, 1953, two days after the by all states, and States of America has taken note of the Proclamation issued by the President of contemplate, nor in fact effect, any extension of the pre-existing territorial waters community of interest between the two nations will lead to an equitable the Republic of Korea on January 18, 1952 regarding Korean sovereignty over of the United States. On the contrary, the one has specific reference to the settlement. Outline incident in which a Japanese patrol vessel the continental shelves and certain water areas adjacent to the mainland and natural resources of the subsoil and sea bed rather than to the subsoil and sea indicated that the insular coasts of the Republic of Korea. bed so, while the other relates only to the maintenance of the productivity of the Part II: The following is relevant international law and other background “Hekura” was fired upon by the ROK side, I am directed to inform Your Excellency that the Government of the United fishery resources in contiguous high seas and provides for joint action where one material. Presidential Ambassador James Van Fleet visited declaration was in States of America regards with deep concern the provisions of this Proclamation. or more other states also have an interest in a fishery to be conserved. Asian countries from April to July, 1954 (Showa 29) Foreign Minister Okazaki stated in a If carried into execution, this Proclamation would bring within the exclusive With the foregoing considerations in mind, the Government of the United 1. The term “national sovereignty” denotes complete jurisdiction for cabinet meeting that he would request both effect equivalent to the jurisdiction and control of the Republic of Korea wide ocean areas which have States of America desires to inform the Government of the Republic of Korea all purposes. for a study mission. On October 4, he submitted his hitherto been regarded as high seas by all nations, and would in these waters that it reserves all its interests and the interests of its nationals and vessels the UK and the US governments to take a claim that any nation and in the air spaces above supplant the free and untrammeled navigation of under the provisions of the Korean Proclamation in question, and under any 2. The term “territorial waters” is derived from the fact that the report to President Eisenhower, including reports on foreign vessels and aircraft bb such controls as the Republic of Korea, in the measures designed to carry them into execution. littoral state has sovereignty over it. This distinguishes territorial mediator’s role to resolve the Takeshima can, by declaration, exercise of the sovereignty claimed, might apply. The disclaimer in Paragraph 4 Accept, Excellency, the renewed assurances of my most distinguished waters from the high seas over which no nation has sovereignty. the military status of each country and does not lessen the concern of the United States Government since by the consideration. dispute. In response, the British Embassy assertion of sovereignty, freedom of navigation in these areas might be claimed 3. Despite the Republic of Korea disclaimer, the Republic of Korea recommendations for US policy. convert the high seas to be a Privilege granted b [sic] the Republic of Korea rather than a right deriving Proclamation is in effect equivalent to the claim that any nation can, in Tokyo sent this cable to the Foreign from international law. His Excellency by proclamation, convert the high seas into territorial waters. into territorial waters. Although the Proclamation purports to be supported by well-established Yung-tai Pyun, Office regarding the Takeshima dispute. international precedents, my Government is not aware of any accepted principle Minister of Foreign Affairs, (text omitted) of international law which would qualify as a legitimate precedent for this Republic of Korea. September 30, 1954 (Showa 29) July 15, 1953 (Showa 28) purported extension of Korean sovereignty. In this regard, my Government [Repository] The US National Archives [Repository] The National Archives (UK) and Records Adminis

11 12 3 Japan’s initiative in pursuit of a solution based on international law

Developments in Japan

September 1954 – Proposal to the ROK to refer the issue Cases in which territorial disputes were resolved in international courts to the International Court of Justice Japan’s Basic Position (ICJ) There have been many cases where inter-state disputes over territories were peacefully resolved Takeshima is indisputably an inherent part of the in international courts and tribunals in accordance with international law. Japan made proposals in 1954, 1962, and 2012, territory of Japan, in light of historical facts and based on all of which were rejected by the ROK. Furthermore, the ROK was recommended by the US to refer the international law. case to the ICJ (Van Fleet Report below). Year of Case name Court (basis of referral ) Parties Judgment The ROK has been occupying Takeshima with no basis judgment in international law. Any measures the ROK takes 1928 Island of Palmas Case Arbitral Tribunal Netherlands v. USA Belongs to the Netherlands regarding Takeshima based on such an illegal occupation have no legal justification. 1931 Clipperton Island Case Arbitral Tribunal France v. Mexico Belongs to France

Japan will continue to seek the settlement of the dispute Legal Status of Eastern Permanent Court of International 1933 Denmark v. Norway Belongs to Denmark over territorial sovereignty over Takeshima on the basis Greenland Case Justice (Optional Clause) of international law in a calm and peaceful manner. International Court of Justice Belongs to 1953 Minquiers and Ecrehos Case (Special Agreement) United Kingdom/France the United Kingdom

Case concerning Sovereignty over International Court of Justice 2002 Pulau Ligitan and Pulau Sipadan (Special Agreement) Indonesia/Malaysia Belongs to Malaysia

Case concerning Sovereignty International Court of Justice Malaysia/Singapore Belongs to Singapore over Pedra Branca/Pulau Batu (Special Agreement) Developments in the ROK Japan’s Response Respecting Law and 2008 (Middle Rocks Puteh, Middle Rocks and South Ledge Order in the International Community belongs to Malaysia) The ROK’s actions on Takeshima Japan has responded to various situations pertaining to its p.34, Dokdo : Beautiful Island of Korea, territory and sovereignty in an appropriate manner and in line Ministry of Foreign Affairs, the Republic of Korea with the nature of each situation, while respecting law and order in the international community. Three points to bear in mind when considering evidentiary materials “The proposal of the Japanese government As with Takeshima, Japan takes initiatives in response to the is nothing but another attempt disguised in nature of the situation as below. When states make conflicting territorial claims, many forms of evidence are presented to prove that the form of judicial procedures. Korea has their claims are correct. Here are some points to bear in mind when examining those materials. the territorial rights ab initio over Dokdo and sees no reason why she should seek the verification of such rights before any Takeshima international court. Materials that can Materials that are Point Validity of the materials be considered as unlikely to be accepted … Nature of the Situation Territorial issue exists. Can the material be considered as valid evidence valid evidence: as valid evidence: Now, in view of the unreasonable and in international courts? 1 - The island of concern is indicated on a map persistent claim of the Japanese Takeshima is an inherent territory of Japan, Anything that indicates effective control, e.g. in an ancient document of the country. government over Dokdo, the Korean although it has been illegally occupied by the taxation, land registration, establishment of - The island of concern is physically visible Although circumstances are unique to individual cases, related legislations, regulations on hunting from a territory of the country. Republic of Korea (ROK). and fishing, establishment of natural - The color of the sea changes from beyond people are seriously concerned that Japan the aspects (right) can be drawn from legal precedents. Japan and the ROK expressed their respective protected areas, regulations on border the island of concern. might be repeating the same course of control, activities of individuals permitted by - A high-ranking official passed nearby the claims to each other via diplomatic note in the aggression. To Korea, Dokdo is not merely Background the authorities. island of concern. to date 1950s and 1960s. a tiny island in the East Sea (Note: Name With no bilateral solution forthcoming, Japan used by the ROK for Sea of Japan). It is proposed to the ROK to refer the case to the the symbol of Korean sovereignty. International Court of Justice in 1954, 1962 and 2012. Point Credibility of the materials Point Accuracy of the interpretation of the materials The ROK has continually rejected these Is the material based on accurate information? Are the arguments relying on the evidentiary proposals. 2 3 material based on an accurate interpretation?

In some cases, the materials may include content that is In some cases, there may be a weak causal relationship not based on fact but taken from oral literatures or ancient between the content of the materials and the conclusion being Pursuit of a solution based on international law. drawn in the argument, or the interpretation of the materials in Japan’s myths. For instance, some maps of areas near Takeshima response Continued protests against the illegal made in the late Edo Period or the early Meiji Period the argument is not appropriate when put in the full context or occupation by the ROK contained an imaginary island called Argonaut. It is compared with other related materials. In particular, the necessary to be particularly careful when dealing with interpretation of ancient maps and documents tends to be ancient documents. difficult, and views of experts can sometimes be split.

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