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Textual interpretation of the San Francisco Peace Treaty

  • Journal of Japanese Culture
  • 2017, (72), pp.5-27
  • DOI : 10.21481/jbunka..72.201702.5
  • Publisher : The Japanese Culture Association Of Korea (Jcak)
  • Research Area : Humanities > Japanese Language and Literature
  • Received : December 19, 2016
  • Accepted : January 22, 2017
  • Published : February 28, 2017

CHUNG,TAESANG 1

1인하대학교 고조선연구소

Accredited

ABSTRACT

In interpreting treaties, the interpretation in accordance with the ordinary meaning of the terms of the treaty in their context is a fundamental principle, which is also specified in the Vienna Convention on the Law of Treaties. In this paper, each of the terms in Article 2 (a) of the San Francisco Peace Treaty is interpreted in accordance with its ordinary meaning, and made clear to which country the Dokdo's sovereignty belongs. The emphasis is on the ordinary meaning of ‘Korea’, because Japan is required to renounce all right, title and claim to Korea. Not only by SCAPIN 677 of Contracting States, the Allied Powers, but also by Ministry of Finance's Decree No. 4(1951.2.13) and Prime Minister's Decree No. 24(1951.6.6) of the other Contracting State, Japan, 'Korea' means Korea including Dokdo. These are also visually proven by the 'SCAP Administrative Areas: Japan and South Korea' of February 1946 and the 'The Japanese Domain Reference Map'(日本領域参考図) of August 1951 respectively. In addition, I argue that criticisms are common in the previous studies of Korean scholars as well as Japanese scholars in the interpretation of Article 2 (a) of the San Francisco Peace Treaty on the terms such as 'recognizing the independence' and 'including'.

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