・Draft Treaty of Peace with Japan, and the attached memoramdom, communications.

(Back to Scapin 677 and 1033)

On the Treaty of Peace with Japan (San Fransisco Treaty) There are the article about Japan(s territory as follows

San Fransisco Peace Treaty the treaty on September 8, 1951

Article 1

(b) The Allied Powers recognize the full sovereignty of the Japanese people over Japan and its territorial waters.

Chapter II. Territory

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.

On Article 2, there are the island which Japan must renouced of e.g. Quelpart,(jeju)済州島、Port Hamilton巨文島、and Dagelet(ulluengdo鬱陵島) . Ofcourse Liacnort rocks is not refer to . Korean claims that Liacnorut Rocks is adjunctive island of Ulleungdo and Japan mus renouce Liancourt Rocks.

It has confirmed tha Scapin 677 and 1033 is just a administrative area and it is not final soverigninity of Japan.Those Scap order explain it is Treaty of Peace that Japan's soverignity final determination. This pages, I will explain the process how Liacnourt Rocks had treatesd, Korean territory, or Japanese territory, or adjunctive island of Ulleungdo or not.

To judges if Liacnorut rocks be adjunctibe island of Ulluengdo or not under the Treaty, we need to chekc the description of it. Liacnorut Rocks had stated, and listed Up , and examined many times, separated from Ulleungdo. So those process you can understand in the Treaty Liacnourt Rocks had not treated as Ulluengdo's adjunctive island

Yes. read those proces as follows, to the conclusin of Peace treaty.

1947.03.19 Draft Treaty by United States.

http://en.wikisource.org/wiki/Draft_Treaty_of_Peace_With_Japan#U.S._Draft_made_on_March_19.2C_1947

Article 1 they listed up those island which is final Japan's soveirgnity territoy without longtitude and latitude.

Article 4 Jeju済州島 Port Hamilton巨文島 and Dagalet鬱陵島、and Liacnourt Rocks are listed up as an islands Japan renouced of.

Japan hereby renounces all rights and titles to Korea and all minor offshore Korean islands,

including Quelpart Island, Port Hamilton, Dagelet Island (Utsuryo) Island and Liancourt

Rocks (Takeshima).

1947.08.15 Draft Treatu by United States.

http://en.wikisource.org/wiki/Draft_Treaty_of_Peace_With_Japan#U.S._Draft_made_on_August_5.2C_1947

Article 1-1 wrotes Main island under Japan's soveignity with longtitude and latitude.

1-2 Maritme border will shown by the attached map for draft treaty Map No.1.

Article 4 Quelpart済州島 and Port Hamilton 巨文島, Dagelet鬱陵島 and Liacnorut Rocks竹島 stated to renouced territory from Japan, with Longtitude and Latidute and attached Map No.1

Japan hereby renounces all right and right to Korea (Chosen) and all offshore Korean islands,

including Quelpart (Saishu To);

the Nan How group (San To, or Komun Do) which forms Port Hamilton (Tonaikai);

Dagelet Island (Utsuryo To, or Matsu Shima);

Liancourt Rocks (Takeshima);

and all other islands and islets to wish Japan had acquired title lying out side the line described in Article 1 and to the east of the meridian 124°15' E. longitude, north of the parallel 33°N. latitude, and west of a line from the seaward terminus of the boundary at the mouth of the Tumon River to a point in 37°30' N. latitude, 132°40' E. longitude.

This line is indicated on the Map NO.1 attached to the present Treaty.

1948.01.08 Draft Treaty of Peace by United States.

Article 1-1 Only the main island name under the remained Japan soverignity/Territory without longtitude, latitude.

1.The Territorial limits of Japan shall comprise the four principal Japanese islands of Honshu, Kyushu, Shikoku and Hokkaido and all adjacent minor islands, including the islands of the Inland sea(seto Naikai), Sado, Oki retto, Rsushima, the Goto Archipelago, the Ryukyu Islands north of 29°N. Latitude, and the Izu Islands southward to and including Sofu Gan (lot's Wife).

Article 4 Jeju済州島 and Port Hamilton巨文島 Dagelet鬱陵島 and Liacnorut Rocks had been stated as renouced territory from japan, with longtitude, latitude, and attached map.

Japan hereby renounces in favor of the Korean people all rights and titles to the Korea (Chosen) and offshore Korean islands,

including Quelpart (Saishu To);

the Nan How group (San To, or Komun Do) which forms Port Hamilton (Tonaikai);

Dagelet Island (Utsuryo To, or Matsu Shima);

Liancourt Rocks (Takeshima);

and all other islands and islets to which Japan has acquired title lying outside the line described in Article 1 and to the east of the meridian 124°15' E. longitude, north of the parallel 33°N. latitude, and west of a line from the seaward terminus of the boundary at the mouth of the Tumen River to a point in 37°30' N. latitude, 132°40' E. longitude.

This line is indicated on the map attached to the present Treaty.

1949.09.07 Draft Traety by Unied States.

Article 1-1 Only the main island name under the remained Japan soverignity/Territory with longtitude, latitude.

Article 3 Jeju済州島 Port Hamilton巨文島 Dagelet鬱陵島 and Liacnort ROcks竹島 had been stated as renouced territory from japan, with longtitude, latitude, and attached map.

Japan hereby renounces in favor of the Korean people all rights and titles to the Korea (Chosen) and offshore Korean islands, including Quelpart (Saishu To), the Nan How group (San To, or Komun Do) which forms Port Hamilton (Tonaikai), Dagelet Island (Utsuryo To, or Matsu Shima), Liancourt Rocks (Takeshima), and all other islands and islets to which Japan has acquired title lying outside the line described in Article 1 and to the east of the meridian 124°15' E. longitude, north of the parallel 33°N. latitude, and west of a line from the seaward terminus of the boundary at the mouth of the Tumen River to a point in 37°30' N. latitude, 132°40' E. longitude. This line is indicated on the map attached to the present Treaty.

1949.11.02 Draft Traety by Unied States.

Article 3-1 Only the main island name under the remained Japan soverignity/Territory with longtitude, latitude.

3-2 Only the island had shown on the attached maps.

Article 4 Jeju済州島 Port Hamilton巨文島 Dagelet鬱陵島 and Liacnort ROcks竹島 had been stated as renouced territory from japan, with longtitude, latitude, and attached map.

1. Japan hereby renounces in favor of the Korea all rights and titles to the Korean mainland territory and all offshore Korean islands, including Quelpart (Saishu To), the Nan How group (San To, or Komun Do) which forms Port Hamilton (Tonaikai), Dagelet Island (Utsuryo To, or Matsu Shima), Liancourt Rocks (Takeshima), and all other islands and islets to which Japan has acquired title lying outside the line described in Article 3 and to the east of the meridian 124°15' E. longitude, north of the parallel 33°N. latitude, and west of a line from the seaward terminus of the boundary approximately three nautical miles from the mouth of the Tumen River to a point in 37°30' N. latitude, 132°40' E. longitude.

2. This line is indicated on the map attached to the present Treaty.

1949.12.29 The Acting Political AdIviser in Japan (Sebald) to the Secretaiy of State on November 14, 1949

Article 6 Political Advisory Staff Siebold proposed that the amendant of Article 3 and article 6 about Liacnourt Rocks which Japan Govement insist it is territory of Japan.

Recommend reconsideration Liancourt Rocks (Takeshima). Japan's claim to these islands is old and appears valid. Security considerations might conceivably envisage weather and radar stations thereon

Article 3 Confirmed of Japans territory incruding Liacnourt Rocks, with longtitude and latitude.

1.The Territory of Japan shall comprise the four principal Japanese islands of Honshu, Kyushu, Shikoku and Hokkaido and all adjacent minor islands, including the islands of the Inland sea(seto Naikai); Tsushima,Takeshima (Liancourt Rocks), Oki retto, Sado, Okujiri, Rebun, Riishiri and all other islands in the Japan Sea (Nippon Kai) within a line connecting the farther shores of Tsushima, Takeshima and Rebun; the Goto archipelago, the Ryukyu Islands north of 29° N. Latitude, and all other islanls of the East China Sea east of longtude 127° east of Greenwich and north of 29°N. Latitude; the Izu Islands southward to end including Sofu Gan (lot's Wife) and all other islands of the Philippine Sea nearer to the four principal islands than the islands named; and the Habomai group and Shikotan lying to the east and south of a line extending from a point in 43°35' N.Latitude, 145°35' E. logitude to a point in 44°N. latitude, 146°30' E. longitude, and to the south of a line drawn due east on the parsllel in 44° N. Latitude. All of the islands identified above, with a three-mile belt of territorial waters, shall belong to Japan.

Article 6 Liacnorut Rocks has deleted as renouced territory from Japan.

Japan hereby renounces in favor Korea all rights and titles to the Korean mainland territory and all offshore Korean islands, including Quelpart (Saishu To), the Nan How group (San To, or Komun Do) which forms Port Hamilton (Tonaikai), Dagelet Island (Utsuryo To, or Matsu Shima), and all other offshore Korean islands and islets to which Japan had acquired title.

1949.12.29日付 Memorandum by Mr. Robert A. Fearey of the Office of Northeast Asian Affairs on December 29, 1949 New Draft Treaty draft attached.

Attached is a new draft of the treaty. The principal changes, comparing it with the November 2 draft, are as follows:

Article3. The Habomais and Shikotan and Liancourt Rocks have been include within the new Japan

(Drafts embodying Sebold's proposal for a very brief territorial chapter in which Japan would simply renounce all rights and titles to areas which Japan would simply renounce all rights and titles to areas which it is not to keep and the Allied and Associated Powers would dipose of those areas in a separate agreement, were prepared and considered, but it was decided after talking with Mr. Fisher that this arrangement would weaken our hold on Fomasa, Sahalien, and the Kuriles if the Chinese and Soviets did not participate, and the idea was accordingly dropped.)

1950年7月のCommentary on Draft Treaty by the Department of State on July, 1950

The Islands of the Inland Sea, Oki Retto, Sado, Okujiri, Rebun and Rishiri – These islands and lesser islands in the Japan Sea east of Tsushima, Takeshima and Rebun are almost exclusively populated by Japanese, have long been recognized as Japanese, were not “ taken by violence and greed”, and are closer to Japan than to any other nation. None has been claimed by another power and Japan’s right to retain them is not likely to be questioned in the treaty negotiation. In 1948 the population of Oki Retto was 44,000, of Sado 125,000, of Okujiri 7,000, of Rebun 9,000, and of Riishiri 20,000.

Takeshima (Liancourt Rocks) – The two uninhabited islets of Takeshima, almost equidistant from Japan and Korea in Japan Sea, were formally claimed by Japan in 1905, apparently without protest by Korea, and placed under the jurisdiction of the Oki Islands Branch Office of Shimane Prefecture. They are breeding ground for sea lions, and records show that for a long time Japanese fishermen migrated there during certain seasons. Unlike Dagelet Island a short not appear ever to have been claimed by Korea. The islands have been used by U.S. forces during the occupation as a bombing range and have possible value as a weather or radar station site.

1950.08.07 Draft Treaty by United States.

CHAPTER II

SOVEREIGNTY

2. Subject to the provisions hereof and of any other relevant treaties, the Allied and Associated Powers accept the full sovereignty of the Japanese people, and their freely chosen representatives, over Japan and its territorial waters.

CHAPTER IV

TERRITORY

4. Japan recognizes the independence of Korea and will base its relation With Korea on the resolutions ,adopted by the United Nations Assembly on December _, 1948

Memorandum by Mr. Robert A. Fearey of the Office of Northeast Asian Affairs on 1950 (UNDATED) Liacnorut Rocks is territory of Japan.

ANSWERS TO QUESTIONS SUBMITTED BY THE AUSTRALIAN GOVERNMENT

3. "territory."

(a) More precise information concerning the disposition of former Japanese territories, e.g., the Paracel, Volcano and Marcus and Izu Islands, is requested.

It is thought that the islands of the Inland Sea, Oki Retto, Sado, Okujiri, IRebun, Riishiri, Tsushima, Takeshima, the Goto Archipelago, the northernmost Ryukyus, and the Izus, all long recognized as Japanese, would be retained by Japan

1951.04.07 Draft Treaty by U.K.

Part I. - Territorial Clauses

ARTICIE l

Japanese sovereignty shall continue over all the islands and adjacent islets and rocks lying within an area bounded by a line from latitude 30°N, in a north-westerly direction to approximately latitude 33°N. 128 ° E. then northward between the islands of Quelpart, Fukue-Shima bearing north - easterly between Korea and the island of Tsushima, continuing in this direction with the islands of Oki-Retto to the south-east and Take Shima to the north-west curving with the coast of Honshu, then northerly skirting Rebun Shima passing easterly through Soya Kaikyo approximately 142° E., then in a south-easterly direction parallel to the coast of Hokkaido to 145° 30’ E. entering Numero Kaikyo at approximately 44° 30’ N. in a south-westerly direction to approximately 43° 45' N. and 145° 15' E., then in a south-easterly direction to approximately 43° 35' N. 145 ' 35' E., then bearing north-easterly to approximately 44° N., so excluding Kunashiri, and curving to the east and then bearing south-westerly to include Shikotan at 147° 5' E., being the most easterly point, then in a south-westerly direction with the coastlin6 towards the Nanpo Group of Islands curving south to include Sofu-Gan (Lot's Wife) at 29° 50' N., veering to the north-west towards the coast of Honshu, then at approximately 33° N. turning south-westerly past Shikoku to 30° N. to include YakuShima and excluding Kuchino Shima and the Ryuku Islands south of latitude 30° North. The line above described is plotted on the map attached to the present treaty (Annex I).(') In the case of a discrepancy between the map attached to the textual description of the line, the latter shall prevail.

1951.05.03 Draft Treaty US-Uk Joint comitte

U.S. – U.K. Meeting on April 25, 1951

CHAPTER II.

Mr. Allison said that the American View was that our defining of the Japanese boundaries would have a bad psychological effect on the Japanese and emphasize the contraction of their country. The Americans would prefer a wording which emphasized the full sovereignty of Japan such territory as we should leave her and, exclude by name from her sovereignty and only such territory and islands as might be necessary to avoid confusion.

U.S. – U.K. Meeting on May 2, 1951

1951.04.25

U.S. – U.K. Meeting Japan's renouced territry is Jeju済州島、port hamilton 巨文島 and Ulleungdo鬱陵島. Liacnort Rocks is not a renouced territory from Japan.

UNITED STATES CHAPTERII

Mr. Fitmaurice suggested that the United States Article 2 might well omitted, since it might be taken to imply that Japan's sovereignty depended upon the present treaty, which was not the case. Mr. Allison said he would consider this point.

UNITED STATES CHAPTER III

Both Delegations agreed that it would be preferable to specify only the territory over which Japan was renouncing sovereignty. In this connection, United States Article 3 would require the insertion of the three islands Quelpart, Port Hamilton and Dagelet. It was left undecided whether the sentence in British Article 2 requiring Japan to recognize whatever settlement the United Nations might make in Korea should be maintained or not. It was agreed that further consideration should be given to the drafting of the sentence dealing with Japan’s renunciation of her mandates.

1951.05.03 Joint U.S.-U.K. Draft made on May 3, 1951

Based upon two meetings, draft treaty dated on1951.05.03 i, Liacnort Rocks is not a renouced territory from Japan.

CHAPTER II

TERRITORY

Article 2

Japan renounces all rights, titles and claims to Korea (including Quelpart, Port Hamilton and Dagelet)', [Formosa and the Pesca-dores]; and also all rights, titles and claims in connection with the mandate system, [or based on any past activity of Japanese nationals in the Antarctic area]. Japan accepts the action of the United Nations Security Council of April 2, 1947, in relation to extending the trusteeship system to Pacific .Islands formerly under mandate to Japan. (U.K. reserves position onwpassages between square brackets.)

Commentary on Draft Treaty by the Department of State on June 1, 1951

New Zealand

"In view of the need to ensure that none of the islands near Japan is left in disputed sovereignty, the New Zealand Government favours the precise delimitation by latitude and longitude of the territory to be retained by Japan as suggested in Article 1 of the United Kingdom's draft. The adoption of this device could for example make it clear that the Habomai Islands and Shikotan at present under Russian occupation will remain with Japan."

(Comment-In the discussions at Washington the British agreed to drop this proposal when the U.S. pointed to the psychological disadvantages of seeming to fence Japan in by a continuous line around Japan. The Japanese had objected to the British proposal when it was discussed with them in Tokyo. U.S. willingness to specify in the treaty that Korean territory included Quelpart, Port Hamilton and Dagelet also helped to persuade the British. As regards the Habomais and Shikotan, it has seemed more realistic, with the USSR in occupation of the islands, not specifically to stipulate their return to Japan

1951.06.14 Revised Draft Treaty of United States and U.K Liacnort Rocks is not renouced territor from Japan.

CHAPTER II

TERRITORY

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

1951.07.13 Memorandam by Mr. Boggs on July 13, 1951 about inquiry of Liacnorut Rocks which had listed up on the Draft treaty on 1949. also stated on "Minor Islands Adjacent to Japan Proper”, Part IV, June 1947,by Japan MOFA」

2. Liancourt Rocks

The Liancourt Rocks (Takeshima) were among the islands to which, in a 1949 draft treaty, Japan would have renounced claim Korea. In a Japanese Foreign Office publication, entitled “” Minor Islands Adjacent to Japan Proper”, Part IV, June 1947, Liancourt Rocks are include. It may therefore be advisable to name them specifically in the draft treaty, in some such form as the following (Article2):

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

1951.07.19 Requests From Korea on July 19, 1951

The Korean Ambassador to the Secretary 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.”

1951.07.19 U.S. – R.O.K Meeting on July 19, 1951

Dulles asled tp tjhe Korean ambassador Yu Chan Yang the location of Takeshima and Palangdo. he replied It would be nearby Ulleungdo on the Sea of japan. Dulles replied it is no problme to write as "renouced territory from Japan" if those two island had been belonging to territory of Korea.

Subject: Japanese Peace Treaty

Participants: Dr. Yu Chan Yang, Korean

Ambassador

Mr. Pyo Wook Han, First Secretary, Korean Embassy

Ambassador John Foster Dulles Mr. Arthur B. Emmons, 3rd, Officer in Charge, Korean Affairs

[...]

After reading the Ambassador's communication, Mr. Dulles discussed the three points contained therein. With regard to the first point, Mr. Dulles was in doubt that the formula confirming Japan's renunciation of certain territorial claims to Korea, could be included in the treaty in the form suggested by the ROK. He explained that the terms of the Japanese surrender instrument of August 9, 1945 did not, of themselves, technically consititute a formal and final determination of this question. He added, however, that the Department would consider including in the treaty a clause giving retroactive effect to the Japanese renunciation of territorial claims to August 9, 1945. The Korean Ambassador replied that if this were done he believed that the point raised by his Government would be met satisfactorily.

Mr. Dulles noted that paragraph 1 of the Korean Ambassador’s communication made no reference to the Island of Tsushima and the Korean Ambassador agreed that this had been omitted. Mr. Dulles then inquired as to the location of the two islands, Dokdo and Parangdo. Mr. Han stated that these were two small islands lying in the Sea of Japan, he believed in the general vicinity of Ullungdo. Mr. Dulles asked whether these islands had been Korean before the Japanese annexation, to which the Ambassador replied in the affirmative. If that were the case, Mr. Dulles saw no particular problem in including these islands in the pertinent part of the treaty which related to the renunciation of Japanese territorial claims to Korean territory.

1951.08.03 Memorandam by Mr. Robert A. Fearey and Mr. Boggs on August 3, 1951 Mr.Bogg asked to Washington but it cannot confirmed where is Dokdo and Palangdo. Korean brual replied Dokod is near Ullengdo, called Takeshima Rock and Palangdo is also near Ullengdo.

In his attached memorandum, Mr. Boggs states that although he has "tried all resources in Washington" he has been unable to identify Dokdo and Parangdo, mentioned in the Korean Embassy's note. On re-ceiving Boggs's memo. I asked the Korean desk to find out whether anyone in the Korean Embassy officer had told him they believed Dokdo was near Ullengdo, or Takeshima Rock, and suspected that Parangdo was too. Apparently that is all Korean short of a cable to Muccio.

1951.08.10 Diplomatic note by Dean Rusk on August 10, 1951 confirms Takeshima Liancourt Rocks is territory of Japan

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.

Conclusion; Through those process above, finally It has confirmed that Liaccourt rocks are not renouced territory from Japan under the Peace Treaty. After Syungman Rhee's invasion of Liancourt Rocks, these fact is re-confirmed again and again .(later i will wrote in another pages).

the treaty on September 8, 1951

Article 1

(b) The Allied Powers recognize the full sovereignty of the Japanese people over Japan and its territorial waters.

Chapter II. Territory

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.

Related links;

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⇒Go to Milirarism invasion by Syungman Rhee.

Go to Reconfirmation of the status for Liancourt Rocks on SFPT and Rusk Document