본문 바로가기
  • Home

A Critical Review on the 1951 San Francisco Treaty by Comparison with the 1919 Versailles Treaty

  • DONG-A LAW REVIEW
  • 2019, (85), pp.197-222
  • DOI : 10.31839/DALR.2019.11.85.197
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law
  • Received : September 30, 2019
  • Accepted : November 22, 2019
  • Published : November 30, 2019

Kim Sung Won 1

1원광대학교

Accredited

ABSTRACT

The development of international law goes hand in hand with major peace treaties. Major peace treaties have been making a huge contribution to restoring peaceful conditions of international society by suggesting a blue print containing effective mechanism for peaceful relationship among states. Contrary to classical peace treaties which are marked as a generous peace treaties for aggressors. the 1919 Versailles Treaty takes a revolutionary position towards aggressor, Germany. Imposing territorial redistribution of German territory and the responsibility of war on Germany, the 1919 Versailles Treaty unequivocally shows its will to punish Germany for her violation of international law. This revolutionary character of modern peace treaty is faded away when the 1951 San Francisco treaty is concluded. The 1951 San Francisco Treaty also has articles concerning territorial questions, these articles have indefinite scope and range of territories which Japan should return to her victimized states, such as Korea and Taiwan. Also, the 1951 San Francisco Treaty does not have any article with regard to the punishment of Japan for her aggressive actions. In this respect, the 1951 San Francisco Treaty would be regarded as the epicenter of the continuing territorial disputes between Korea and Japan with special reference to the Dok-Do. For highlighting its backwardness of the 1951 San Francisco Treaty and revealing hidden aspects of Western-oriented imperialism, a critical review on the 1951 San Francisco Treaty would provide a helpful argument for claiming Korean sovereignty over Dok-Do.

Citation status

* References for papers published after 2023 are currently being built.