Just a briefing of Liancourt Rocks position, judging from the International Law, that is to say, the position of the Lianocurt Rocks, 

On the Peace Treaty on San Francisco with Japan, Liancourt Rock is not listed up on the treaty which Japan renounced of.

Because Rusk Documents and other many memorandum confirms that United Nation refuse Korean request to add Liancourt rocks and Tsushima island into Korean territory, separate from Japan’ soverignity.

Cf:The list of draft treaty of Pace with Japan. http://en.wikisource.org/wiki/Draft_Treaty_of_Peace_With_Japan

 

 

1951.07.19.Korean request to the Secretary of State that Liancourt Rocks and Tsushima add to Territory of Korea.

Request from Korea July 19. 1951

From Dr.Yu Yang Chang,Korean ambassador to Dean G.Acheson.Securetary of State

 

 1.My Government requests that the word “renounces” in Paragraph a, Article Number 2, should be replaced by “confirms that it renounced on August 9,1945, all right, title and claim to Korea and the islands which were part of Korea prior to its annexation by Japan, including the island Quelpart, Port Hamilton, Dagelet, Dokdo and Parangdo.”

 

Request from Korea August 2 1951

From Dr.Yu Yang Chang,Korean ambassador to Dean G.Acheson.Securetary of State

I have the honor to refer Your Excellency to my communication to you for Jury 19, 1951 with reference to requests by the Korean Government for the consideration of the Department of State of certain suggestions in connection with the revised draft of the Japanese Peace Treaty.

Further instructions from my Government enable me to convey to Your Excellency the following suggestions with respect to the revised Treaty, looking towards their incorporation in the document:

1.Article 4: Japan renounces property of Japan and its nationals against Korea and its nationals on or before August nine, Nineteen hundred Forty-One.

Article 9: The MacArthur Line shall remain until such agreements be concluded.

Article 21: And Korea to the benefits of Articles 2,9,12, and 15-a of present Treaty.

Please accept, Excellency, the renewed assurances of my highest consideration.

 

1951.08.10.Secretary of State ,Dean Rusk documents refuses Korean request that Liancourt Rocks and Tushima is territory of Korea.

Rusk Documents. (Rusk-Yang correspondence)

By Dean Rusk

 

With respect to request of the Korean Government that Article 2(a) of the draft be revised to provide that Japan "confirms that it renounced on August 9, 1945, all right, title and claim to Korea and the islands which were part of Korea prior to its annexation by Japan, including the islands Quelpart, Port Hamilton, Dagelet, Dokdo and Parangdo," the United States Government regrets that it is unable to concur in this proposed amendment. The United States Government does not feel that the Treaty should adopt the theory that Japan's acceptance of the Potsdam Declaration on August 9, 1945 constituted a formal or final renunciation of sovereignty by Japan over the areas dealt with in the Declaration. As regards the island of Dokdo, otherwise known as Takeshima or Liancourt Rocks, this normally uninhabited rock formation was according to our information never treated as part of Korea and, since about 1905, has been under the jurisdiction of the Oki Islands Branch Office of Shimane Prefecture of Japan. The island does not appear ever before to have been claimed by Korea. It is understood that the Korean Government's request that "Parangdo" be included among the islands named in the treaty as having been renounced by Japan has been withdrawn.

 

 

1951.09.08.On the Treaty of Peace with Japan (San Fransisco treaty), Liancourt Rock are not described as the renounced territory of Japan on the treaty

 

Article 2

(a) Japan recognizing the independence of Korea, renounces all right, title and claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet

 

In the drafts and communication note, Liacnourt rocks were disputed separately from Dagelet-ULluengdo and paid special attention to in the draft and communication notes. It show Liacnourt Rocks is not recognized as the adjunctive island of Ulluengdo in the Treaty of Peace,, it is 90km away from Ulleugdo.

http://en.wikisource.org/wiki/Draft_Treaty_of_Peace_With_Japan

 

 

Syungman Lhee had illegally declairedLhee Line” and invaded Liacnourt Rocks and abducted and killed 4000 Japanese fisherman. They kept illegal occupation toward Japan’s Liacnourt Rocks. So United States started to consider about Liacnorut Rocks. In the consideration ,there are many memorandum and coomnication note has exchanged. .”Those document below reconfirms Peace treaty with Japan and Dean Rusk Doccuments above.

 

1952.11.14.Confidential Security Information about Liancourt Rocks

Letter from Office of Northeast Asian Affairs To E. Allan Lightner American Embassy, Pusan Korea

by Kenneth T. Young, Jr. Director Office of Northeast Asian Affairs

 

  It appears that the Department has taken the position that these rocks belong to Japan and has so informed the Korean Ambassador in Washington. During the course of drafting the Japanese Peace Treaty the Republic of Korea's views were solicited, in consequense of which, the Korean Ambassador requested the Secretary of State in a letter of July 19, 1951 to amend Article2 (a) of the draft treaty so as to include the islands of Dokdo (Liancourt Rocks) and Parangdo as well as Quelpart, Port Hamilton and Dagelet among those islands over which Japan would renounce right, title and claim by virtue of recognizing Korea's independence. In his reply to the Korean Ambassador the Secretary stated in a letter dated August 10, 1951 that the United states could not concur in the proposed amendment as it applied to the Liancourt Rocks since according to his information the Liancourt Rocks had never been treated as a part of Korea, they had been under the jurisdiction of the Oki Islands Branch Office of Japan's Shimane Prefecture since 1905 and it did not appear that they had over before been claimed by Korea. As a result Article2 (a) of the Treaty of Peace with Japan makes no mention of the Liancourt Rocks;

"Japan, recognizing the independence of Korea, renounces all right, title, and claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet."

The action of the United States-Japan Joint Committee in designating these rocks as a facility the Japanese Government is therefore justified.The Korean claim, based on SCAPIN677, which suspended Japanese administration of various island areas, include Takeshima (Liancourt Rocks),did not preclude Japan from exercising sovereignty over this area permanently.

 

 

1952.12.04CONFIDENTIAL SECURITY INFORMATION

Letter from E. Allan Lightner American Embassy, Pusan Korea To Office of Northeast Asian Affairs, the Department of the State (1pages)

by E. Allan Lightner, Jr. American Embassy, Pusan Korea

 

 I much appreciate your letter of November 14 in regard to the status of the Dokdo Island (Liancourt Rocks). The information you gave us had never been previously available to the Embassy. We had never heard of Deen Rusk’s letter to the Korean Ambassador in which the Department took a definite stand on this question. We of course knew of the ROK Government’s desire to have Article 2(a) of the Peace Treaty amended to include Dokdo and Parangdo and convoyed that request in a telegram to the Department at that time, along with other ROK suggestions for amendments to the draft treaty. We were subsequently made aware of the fact that Article 2(a) was not to be amended but had no inkling that that decision constituted a rejection of the Korean claim. Well, now we know and we are very glad to have the information as we have been operating on the basis of wrong assumption for a long time.

I am sending with a transmitting despatch, a copy of the note that we have just sent to the Ministry of Foreign Affairs which includes as a final paragraph the wording suggested in the Department’s telegram no.365 of November 27 and which refers to Dean Rusk’s note to Ambassador Yang of August 10, 1951.

 

1953.07.22 COMFIDENTIAL SECURITY INFORMATION

Letter from Office of Northeast Asian Affairs To E. Allan Lightner American Embassy, Pusan Korea (3pages)

by L. Burmaster Office of U.S. Northeast Asian Affair

 

Possible Methods of Resolving Liancourt Rocks Dispute Between Japan and the Republic of Korea

Since sending the August 10,1951 note to the ROK Government, the United States Government has sent only one additional communication on the subject this was done in response to the ROK protest of the a??leged bombing of Dokdo Island by a United States military plane. The United States note of December 4, 1952 states:

" The Embassy has taken note of the statement contained in the Ministry’s Note that ‘Dokdo Island (Liancourt Rocks)…… is apart of the territory of the Republic of Korea.’ The United States Government’s understanding of the territorial status of this island was stated in Assistant Secretary of States Dean Rusk’s note to the Korean Ambassador in Washington dated August 10, 1951.

 

 

1953.11.30 Secret security Information.

Memorandum in regard to the Liancourt Rocks (Takeshima Island) controversy

by William T. Turner

 

1954.04.26-08.07. Report of Van Fleet mission to the Far East

United States Military Assistance Program Far East "Van Fleet Mission" 26 April - 7 August 1954

by Ambassador James A. Van Fleet

 

The Island of Dokto (otherwise called Liancourt and Take Shima) is in the Sea of Japan approximately midway between Korea and Honshu (131.80E, 36.20N). This Island is, in fact, only a group of barren, uninhabited rocks. When the Treaty of Peace with Japan was being drafted, the Republic of Korea asserted its claims to Dokto but the United States concluded that they remained under Japanese sovereignty and the Island was not included among the Islands that Japan released from its ownership under the Peace Treaty. The Republic of Korea has been confidentially informed of the United States position regarding the islands but our position has not been made public. Though the United States considers that the islands are Japanese territory, we have declined to interfere in the dispute. Our position has been that the dispute might properly be referred to the International Court of Justice and this suggestion has been informally conveyed to the Republic of Korea.

Those document above clearly denies Korean insist toward Liancourt rocks and concludes Liancourt Rocks is territory of Japan in the Treaty of Peace. In addition these GHQ order, SCAPIN cleary said on 677-6 and 1033-5 that those SCAP orders are not final decision of Japan’s territorial sovereignity. It is meaningless that Some Korean claims Liacnourt Rocks is territory of Korea ,quoted from SCAPIN 677 and SCAPIN1033.

 

 

Also G.H.Q  repies to the Japanese government about the meaning of SCAPINs, which is just a GHQ,S administrative area and it is not the final definiation of Japan's territory and soverigninity.  Treaty of Peace with Japan in San Francisco is final decision of Japan's soverigninty and territory.

 

1946.04.23.The interview with G.H.Q about separation of administrative area

行政の分離に関する司令部側との会談

Between Captain Rodge, Bule and  Ministery of Foreing Affairs of Japan

 

「本指令は単なる連合国側の行政的便宣より出たに過ぎず、従来行われた事を本指令により確認するものなり。即ちSCAPの行政の及ぶ範囲は本指令に示す日 本内に限られ、本指令により確認するものなり。即ちSCAPの行政の及ぶ範囲は本指令に示す日本内に限られ、その他はSCAPの所管する所にあらず。従って、本指令による日本の範囲の決定は領土問題とは関係あらず。これは講和会議にて決定されるべき問題である。

That is to say, The SCAP’s administlative area is effective inside Japan, described in this order and it is confirmed by the order. So SCAP’s administrative area is inside Japan and other area is not the administrative area ( by GHQ).  This (Scapin) order, the decision of Japan’s area is nothing to do with territorial issue which should be determind in the conference of Peace Treaty.

 

SCAPIN 677-6. Nothing in this directive shall be construed as an indication of Allied policy relating to the ultimate determination

 of the minor islands referred to in Article 8 of the Potsdam Declaration. 29JAN1946

 

SCAPIN1033-5 The present authorization is not an expression of allied policy relative to ultimate determination of

 national jurisdiction, international boundaries or fishing rights in the area concerned or in any other area. 22JUN1946

 

Below the map which just shows GHQ’s administlative area . Ofcourse it is not final decision of soverignity of Japan Koera.

Final decision concludes in Treaty of Peace with Japan in San Francisco.

In addition, Lancourt Rocks had been recoverd as Japan’s administrative Area, by the SCAPIN1778, 1947.09.06 and SCAPIN2160 1951.07.06

 

Ads by TOK2