Japan–Korea Treaty of 1910: Difference between revisions

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===Conference to discuss legality of the treaty ===
===Conference to discuss legality of the treaty ===
In 2001, an academic research of the legality for Korea's annexation by Japan from 1910 to 1945 which was titled ''A reconsideration of Japanese Annexation of Korea from the Historical and International Law Perspectives'' was held at [[Harvard University]] with a support of [[Korea Foundation]].<ref>{{cite web|url=http://www.kf.or.kr/eng/01_sks/sks_not_view.asp?BIZBASE=ALL&SearchText=&SearchValue=&Page=&BBS_NO=147|title=A Reconsideration of the Japanese Annexation of Korea, Conference at Harvard University|work=Korea Foundation}}</ref> The conference was held 3 times, namely on January, April and November and related scholars of history and international law participated from the South Korea, [[North Korea]], Japan, the United States, United Kingdom, Germany and Canada.
In 2001, an academic research of the legality for Korea's annexation by Japan from 1910 to 1945 which was titled ''A reconsideration of Japanese Annexation of Korea from the Historical and International Law Perspectives'' was held at [[Harvard University]] with a support of [[Korea Foundation]].<ref>{{cite web|url=http://www.kf.or.kr/eng/01_sks/sks_not_view.asp?BIZBASE=ALL&SearchText=&SearchValue=&Page=&BBS_NO=147|title=A Reconsideration of the Japanese Annexation of Korea, Conference at Harvard University|work=Korea Foundation}}</ref> The conference was held 3 times, namely on January, April and November and related scholars of history and international law participated from the South Korea, [[North Korea]], Japan, the United States, United Kingdom, Germany and Canada.

[[James Crawford (jurist)|James Crawford]], a Professor of Cambridge University and a specialist in international law, challenged the Korean claim. He said that in the international community at the time, international law applied only to the relationship between the civilized countries. It did not apply to the non-civilized counties. When a civilized country colonizes a non-civilized country, even the form of treaty was unnecessary. Rather, what was important in those days was how the relationship between these civilized and non-civilized countries was perceived by the other civilized countries. In that sense, by the fact that the annexation of Korea by Japan was admitted by the Western powers, it cannot be illegal even if how big procedural defect existed or how much it was against the will of the government ruler of non-civilized country.<ref name=Kimura2002/> To sum it up, at the time of the annexation, it was not rare for one country to assume control of another if the latter could not survive on its own, from the perspective of preserving international order and the Japan–Korea Annexation Treaty was not illegal in terms of international law.<ref>{{cite book |title=東アジア「反日」トライアングル |trans_title=East Asia "Anti-Japan" Triangle |last=Furuta |first=Hiroshi |publisher=Bungeishunjū |year=2005 |isbn=4166604678 |page=106 }}</ref>


Anthony Carty, a Professor of the [[University of Derby]] stated "During the height of the imperialism, it is difficult to find an international law sufficient to determine the legality/illegality of a particular treaty."<ref name=Kimura2002>{{cite web |title=第3回韓国併合再検討国際会議 : 「合法・違法」を超えて |trans_title=Final Conference of "A Reconsideration of the Annexation of
Anthony Carty, a Professor of the [[University of Derby]] stated "During the height of the imperialism, it is difficult to find an international law sufficient to determine the legality/illegality of a particular treaty."<ref name=Kimura2002>{{cite web |title=第3回韓国併合再検討国際会議 : 「合法・違法」を超えて |trans_title=Final Conference of "A Reconsideration of the Annexation of

Revision as of 11:55, 9 May 2014

For the 1905 treaty, see Japan–Korea Treaty of 1905. For the 1907 treaty, see Japan–Korea Treaty of 1907.
Japan–Korea Annexation Treaty
Japan–Korea Annexation Treaty of 1910
General power of attorney to Lee Wan-yong signed and sealed by the last emperor, Sunjong of the Korean Empire (Lee Cheok, 이척 李坧). The last emperor's first name '坧' used as signature.
TypeAnnexation treaty
ContextAnnexation of the Korean Empire by the Empire of Japan
SealedAugust 22, 1910
EffectiveAugust 29, 1910
ExpirationJune 22, 1965 (1965-06-22), de facto September 2, 1945 (1945-09-02)
ExpiryJune 22, 1965 (1965-06-22)
Signatories
Parties
Ratifiers
Japan-Korea Annexation Treaty
Korean name
Hangul한일병합조약
(한일합방조약, 한일합방늑약)
Hanja韓日倂合条約
(韓日合邦条約, 韓日合邦勒約)
Japanese name
Kanji日韓併合条約
Hiraganaにっかんへいごうじょうやく

The Japan–Korea Treaty of 1910, also known as the Japan–Korea Annexation Treaty, was made by representatives of the Empire of Japan and the Korean Empire on August 22, 1910. In this treaty, Japan formally annexed Korea following the Japan–Korea Treaty of 1905 by which Korea became the protectorate of Japan and Japan–Korea Treaty of 1907 by which Korea was deprived of the administration of internal affairs.

Japanese commentators predicted that Koreans would easily assimilate into the Japanese Empire.[1]

In 1965 the Treaty of Basic Relations between South Korea and Japan confirmed this treaty is "already null and void".[2]

History

The treaty was proclaimed to the public (and became effective) on August 29, 1910, officially starting the period of Japanese rule in Korea. The treaty had eight articles, the first being: "His Majesty the Emperor of Korea makes the complete and permanent cession to His Majesty the Emperor of Japan of all rights of sovereignty over the whole of Korea".

Gojong of the Korean Empire later called the treaty a "neugyak (늑약 勒約)."[3] The alternative term used in lieu of "joyak (조약 條約)" implies the treaty was coerced to Koreans by Japanese. "Gyeongsul Gukchi (경술국치 庚戌國恥)" and "Gukchi-il (국치일 國恥日)" are alternative terms for the year and date the treaty was signed, respectively.[4]

Role of the British government

Britain had already acquiesced to the annexation, via their connection to Japan via the Anglo-Japanese Alliance of 1902.

Legality

The legality of the Treaty was disputed by the exiled Provisional Government of the Republic of Korea as well as the South Korean government. While the treaty was affixed with the national seal of the Korean Empire, Emperor Sunjong of Korea refused to sign the treaty as required under Korean law. The treaty was instead signed by Prime Minister Lee Wan-yong of the Korean Empire, and Resident General Count Terauchi Masatake of the Empire of Japan.

This issue caused considerable difficulty in negotiating the establishment of basic diplomatic relations between the countries. Korea insisted to include a chapter stipulating "The treaty was null and void". A compromise was reached in language of Article II of the 1965 Treaty on Basic Relations:

"It is confirmed that all treaties or agreements concluded between the Empire of Japan and the Empire of Korea on or before August 22, 1910 are already null and void." [5]

Conference to discuss legality of the treaty

In 2001, an academic research of the legality for Korea's annexation by Japan from 1910 to 1945 which was titled A reconsideration of Japanese Annexation of Korea from the Historical and International Law Perspectives was held at Harvard University with a support of Korea Foundation.[6] The conference was held 3 times, namely on January, April and November and related scholars of history and international law participated from the South Korea, North Korea, Japan, the United States, United Kingdom, Germany and Canada.

James Crawford, a Professor of Cambridge University and a specialist in international law, challenged the Korean claim. He said that in the international community at the time, international law applied only to the relationship between the civilized countries. It did not apply to the non-civilized counties. When a civilized country colonizes a non-civilized country, even the form of treaty was unnecessary. Rather, what was important in those days was how the relationship between these civilized and non-civilized countries was perceived by the other civilized countries. In that sense, by the fact that the annexation of Korea by Japan was admitted by the Western powers, it cannot be illegal even if how big procedural defect existed or how much it was against the will of the government ruler of non-civilized country.[7] To sum it up, at the time of the annexation, it was not rare for one country to assume control of another if the latter could not survive on its own, from the perspective of preserving international order and the Japan–Korea Annexation Treaty was not illegal in terms of international law.[8]

Anthony Carty, a Professor of the University of Derby stated "During the height of the imperialism, it is difficult to find an international law sufficient to determine the legality/illegality of a particular treaty."[7]

Alexis Dudden, a Professor of University of Connecticut discussed about the Nitobe Inazō's science of colonial policy. She is known as an author of a book "Japan's Colonization of Korea: Discourse and Power" in which she discusses how Japanese policymakers carefully studied and then invoked international law to annex Korea legally.[7][9]

According to Kan Kimura, the bottom line of this conference is that the Korean claim "The annexation was illegal" was totally unaccepted by the participated Western scholars, among others by those specialized in international law.[7]

Activism

On August 28, 2007, regarding the General Power of Attorney by Sunjong, Korean news paper Dong-a Ilbo reported that Korean monarchs did not sign in the official documents with their real names traditionally. But, the Korean Emperor was forced by Japan to follow a new custom to sign with his real name, which originated from the western hemisphere. It mentioned Sunjong's signature may be compulsory.[10]

On June 23, 2010, 75 South Korean congressmen suggested the legal nullification of the Japan–Korea Annexation Treaty to the Prime Minister Naoto Kan.[11]

On July 6, 2010, Korean and Japanese progressive Christian groups gathered in Tokyo's Korean YMCA chapter and jointly declared that the Japan–Korea Annexation Treaty was unjustified.[12]

On July 28, 2010, approximately 1000 people in Korea and Japan petitioned to the Japanese Prime Minister that the Japan–Korea Annexation Treaty be originally nullified and demanded an apology led by the Japanese spokesperson, Haruki Wada.[13]

See also

Wikisource has original text related to this article:

Notes

  1. ^ Caprio, Mark (2009). Japanese Assimilation Policies in Colonial Korea, 1910-1945. University of Washington Press. pp. 82–83.
  2. ^ Hook, Glenn D. (2001). Japan's International Relations: Politics, Economics, and Security, p. 491. "It is confirmed that all treaties or agreements concluded between the Empire of Japan and the Empire of Korea on or before August 22, 1910 are already null and void.", p. 491, at Google Books
  3. ^ Kim, Chasu (17 October 1995). "한일합방조약 원천무효". The Dong-a Ilbo. Retrieved 16 January 2012.
  4. ^ Choi, Soyoung (29 August 1997). "'경술국치' 이후 87년 구석구석 파고든 '왜색옷에 왜색춤'". Kyunghyang Shinmun. Retrieved 16 January 2012.
  5. ^ Tōgō, Kazuhiko (2010). Japan's Foreign Policy, 1945-2009: The Quest for a Proactive Policy. BRILL. p. 159. ISBN 9004185011.
  6. ^ "A Reconsideration of the Japanese Annexation of Korea, Conference at Harvard University". Korea Foundation.
  7. ^ a b c d Kimura, Kan (June 2002). "第3回韓国併合再検討国際会議 : 「合法・違法」を超えて" (PDF). {{cite web}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help); line feed character in |trans_title= at position 60 (help)
  8. ^ Furuta, Hiroshi (2005). 東アジア「反日」トライアングル. Bungeishunjū. p. 106. ISBN 4166604678. {{cite book}}: Unknown parameter |trans_title= ignored (|trans-title= suggested) (help)
  9. ^ Dudden, Alexis (2006). Japan's Colonization of Korea: Discourse and Power. University of Hawaii Press. ISBN 082483139X.
  10. ^ "네이버 뉴스". Naver.
  11. ^ 김 (Kim), 승욱 (Seung-uk) (2010-06-23). ""한일병합 무효"..의원75명, 日총리에 건의 ("Japan–Korea Annexation Treaty Is Invalid".. Suggesting To The Japanese PM By 75 Congressmen)". Yonhap News (in Korean). Retrieved 2010-06-23.
  12. ^ 이 (Lee), 충원 (Chung-weon) (2010-07-06). "한.일 진보 기독교인 "한국 합병 부당" (Korean and Japanese Progressive Christians "Annexing Korea Was Unjustified")". Yonhap News (in Korean). Retrieved 2010-07-13.
  13. ^ 이 (Lee), 충원 (Chung-weon) (2010-07-28). "韓日 지식인 1천명 "한국강제병합 원천무효" (1000 Korean and Japanese Scholars "Japan–Korea Annexation Treaty Is Originally Invalid")". Yonhap News (in Korean). Retrieved 2010-08-02.

References

  • Beasley, W.G. (1991). Japanese Imperialism 1894-1945. Oxford University Press. ISBN 0-19-822168-1.
  • Duus, Peter (1998). The Abacus and the Sword: The Japanese Penetration of Korea, 1895-1910. University of California Press. ISBN 0-520-21361-0.
  • Korean Mission to the Conference on the Limitation of Armament, Washington, D.C., 1921-1922. (1922). Korea's Appeal to the Conference on Limitation of Armament. Washington: U.S. Government Printing Office. OCLC 12923609
  • United States. Dept. of State. (1919). Catalogue of treaties: 1814-1918. Washington: Government Printing Office. OCLC 3830508

External links

Wikimedia Commons has media related to Japan–Korea Annexation Treaty.
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