A Case for the Modifiability of the San Francisco Peace Treaty: Examining the Varying Positions of the United States and Britain Over South Korean Participation

This paper explores the modifiability of the San Francisco Peace Treaty, focusing on the issue of South Korea’s participation and analyzing the differing positions of the United States and the UK. It reveals that while the United States initially favored South Korea’s involvement during the treaty-making process that began in 1949, the UK consistently opposed it on the grounds that Korea had been a Japanese territory before 1945 and that South Korea was not a fully sovereign state even after liberation. Following the outbreak of the Korean War, the U.S. position evolved, and discussions regarding South Korea’s signing of the treaty advanced. However, due to complex reasons including comparisons with Poland’s Treaty of Versailles case and the lack of international recognition of the Korean Provisional Government, the United States ultimately accepted the British opposition, leading to South Korea’s exclusion as a signatory. This study traces these developments through official documents and meeting records, offering implications for the legal and political nature of the treaty, diplomatic coordination among the Allied powers, and the possibilities for amendment and interpretation of the San Francisco Peace Treaty.