Beyond the San Francisco System

Inhaltsverzeichnis

1. Frontmatter

2. Explanation: The Formation, Process and Results of the San Francisco System

   Young-Ho Kim

   Abstract

   In 2010, marking the 100th anniversary of Korea’s annexation, we issued a joint statement by Korean and Japanese intellectuals declaring the 1910 Treaty of Annexation of Korea as illegally null and void, which also became a core issue in the 1965 Japan-Korea Basic Treaty. A key issue in the normalization of diplomatic relations between Korea and Japan was how to interpret the series of treaties leading up to Korea’s annexation, especially the meaning and starting point of “already null and void” in Article 2. The Korean position was that the treaties were null and void from the time they were signed, and that Japan’s colonial rule was therefore illegal and void, while the Japanese position was that the treaties were legal and valid at the time they were signed, but became null and void upon the Liberation or the signing of the Treaty of San Francisco.

3. The San Francisco System in the Postwar World Order

   1. Frontmatter

   2. Clientelism Forever? Contemplating the San Francisco Treaty Settlement 72 Years Ago

      Gavan McCormack

      Abstract

      This paper examines the enduring legacy and contemporary relevance of the San Francisco Treaty system, established over seventy years ago in the aftermath of World War II. It argues that despite profound global changes, the framework of US hegemony and clientelism persists in East Asia, particularly in Japan and South Korea. The analysis situates this system within the context of escalating existential threats—nuclear war and climate crisis—compounded by intensifying geopolitical tensions. The paper traces the shifting economic balance, highlighting China’s dramatic rise and the relative decline of US and Japanese economic dominance. It explores the concept of the “client state,” focusing on Japan’s structured subordination to US interests, ongoing militarization, and the erosion of sovereignty and democracy. The study also considers the broader implications for regional stability, noting similar patterns of dependency in other US allies. Ultimately, the paper questions the sustainability of the San Francisco system in a multipolar world and calls for a fundamental rethinking of East Asia’s security and political order.

   3. The Core Values of the Cairo Declaration and an Exit Strategy to Overcome the Limitations of the San Francisco Peace Treaty

      L. E. E. Jang-Hie

      Abstract

      The core values of the Declaration were not sufficiently reflected in reality, and were distorted in the drafting of the San Francisco Peace Treaty for legal termination of the Pacific War. In addition, countries that were colonies & victims of the war such as the Republic of Korea (ROK) and Taiwan were not included as treaty signatory nations. One reason for their exclusion can be traced back to the fundamental changes in US foreign policy towards East Asia in the Cold War order since The Truman Doctrine (March 12, 1947). Additionally, Japan’s persistent lobbying (e.g., by William Sebald) of the US Government, along with security considerations such as the building of weather and radar stations on Dokdo Island, also contributed to the exclusion.

      As a result, the San Francisco Peace Treaty did not become a punishment treaty, but rather an indulgence treaty that failed to punish Japanese war criminals and address the issue of compensation for victims. The war criminals were mostly released from the Tokyo War Criminal Trial (1946–1948). Such failures demonstrate that the San Francisco Peace Treaty was a relic of the Cold War order of the 1950s, and failed to implement the core values of the Cairo Declaration.

      Today, East Asia is drifting in uncertainty due to conflicts over regional territorial and history. Institutionalization of an East Asia peace community is a long way off. The effects of surviving colonialism have made regional collaboration among countries very difficult. The long division of the ROK and the Democratic People’s Republic of Korea (North Korea) created a new Cold War structure in East Asia, further hindering regional collaboration. Finally, the remnants of colonialism and the long division of the Korean Peninsula can be traced to the limitations of the San Francisco Peace Treaty, which was based on the Cold War order. Likewise, the Korean Armistice (1953) and the Korea-Japan Agreement (1965) are also by-products of the Cold War order. These historical disputes in East Asia come from the limitations of the San Francisco Peace Treaty. This paper suggests exit strategies to overcome such limitations. Action plans include “adopting the Civil Society Charter” towards peace and human rights in East Asia to overcome the San Francisco Peace Treaty system on the basis of universal norms and values for a peaceful East Asian community.

   4. 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

      Tae-Jin Yi

      Abstract

      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.

   5. Challenges to the Post-War Asia-Pacific International Order

      Charles Armstrong

      Abstract

      More than seventy years after the end of World War II, the boundaries between and relationships among the states of the Asia-Pacific remain largely within the order established under US hegemony in the late 1940s and early 1950s. This paper examines the formation of that post-war order and discusses the ways in which it is being challenged by contemporary global and regional developments. In particular, it asks whether the Chinese-led Belt and Road Initiative is an alternative or complement to the idea of the Asia-Pacific, and how both concepts reflect changing geo-economic, technological, and territorial forces.

   6. Hasty Peace, Nasty Greed: Analyzing the Defects of the 1951 Treaty of San Francisco in Comparison with the 1919 Treaty of Versailles

      Kim Sung Won

      Abstract

      This article critically examines the 1951 Treaty of San Francisco by comparing it to the 1919 Treaty of Versailles, aiming to highlight the evolution and shortcomings of postwar peace treaties. The 1919 Treaty of Versailles marked a transformative point in international law by explicitly assigning war guilt and imposing punitive measures on Germany. In contrast, the 1951 Treaty of San Francisco adopted a more traditional and conciliatory approach, notably omitting explicit accountability for Japan’s wartime actions. A central argument of the article is that the lack of detailed provisions regarding territorial settlements and reparations in the 1951 Treaty of San Francisco has contributed to ongoing disputes in East Asia, such as the Dokdo/Takeshima conflict. Utilizing the Third World Approaches to International Law (TWAIL) framework, the article asserts that the 1951 Treaty of San Francisco reinforced colonial and hegemonic power structures, prioritizing the interests of major powers over those of victimized and weaker nations. The article further demonstrates that Cold War dynamics and US strategic interests heavily influenced the formation of the 1951 Treaty of San Francisco, resulting in insufficient justice for Asian countries affected by Japanese aggression. The analysis underscores the need for a critical, interdisciplinary reassessment of the legacy of the 1951 Treaty of San Francisco and its broader implications for international law and regional stability.

4. Japanese Historical Position and the San Francisco System

   1. Frontmatter

   2. The Political Situation Surrounding the “Trans-war Phenomenon” in Postwar Japan and the San Francisco Peace Treaty

      Tae-Jin Yi

      Abstract

      The article analyzes the political transformation of Japan from the Meiji era through the postwar period, focusing on the enduring influence of emperor-centered nationalism and its impact on Japan’s democratization after World War II. It traces how the imperial system shaped prewar fascism and continued to affect postwar politics, particularly during the Allied occupation and the drafting of the new constitution. The study highlights the limited nature of Japan’s acceptance of war responsibility in the San Francisco Peace Treaty, noting that reparations and accountability were largely restricted to Allied Powers, with little acknowledgment of Asian victims. The treaty, negotiated under Prime Minister Yoshida Shigeru, prioritized economic recovery and security cooperation with the United States, leading to the establishment of American military bases and the U.S.–Japan Security Pact. The article critiques the persistence of imperialist and conservative attitudes among Japanese leaders, which complicated reconciliation with neighboring Asian countries. It also discusses the internal and external debates over the treaty, the challenges of true democratization, and the legacy of unresolved historical issues in East Asia. Ultimately, the article argues that the San Francisco system institutionalized a new Pacific order centered on U.S. strategic interests, leaving many wartime legacies unaddressed.

   3. A Study on Modern Japanese Colonialism and Ryukyu Restoration

      Xu Yong

      Abstract

      The external expansion of Modern Japan began with the annexation of the Ryukyu Kingdom and culminated in the formation of the colonial empire of “Greater East Asia Co-Prosperity Sphere”. After Japan’s defeat and surrender, due to complicated international factors, Ryukyu hasn’t been unable to achieve national autonomy like Korea and other colonies, and remained under “dual colonial rule” of the Japanese county government and U.S. military occupation. The Ryukyu people’s aspiration and endeavors for national restoration have persisted for a century and a half. The international community should adhere to international principles including the Cairo Declaration, draw on the experience and lessons from handling other Japanese colonies, respect the Ryukyu people’s right to self-determination, and come up with a real solution to the international issue of the sovereignty of Ryukyu.

   4. What the Treaty of Peace with Japan (1951) Repudiates: The Discourse of Civilization During the First Sino-Japanese War as the Beginning of ‘Violence and Greed’

      Si Jin Oh

      Abstract

      Why does Article 2 of the Treaty of Peace with Japan stipulate the territorial issues that occurred before World War II? Some 1947 drafts of this treaty indicate the year 1894 as the reference date for restoring Japan’s territory. Travaux préparatoires and other critical materials, such as the Cairo Declaration, which mentions ‘violence and greed’ in the context of expansionism, provide elements relevant for interpretation. This issue, however, is not confined to a territorial allocation as in other peace treaties. There is something more in the Treaty of Peace with Japan that attempts to repudiate. The oft-neglected question of the just cause of the First Sino-Japanese War—an event full of the discourse of civilization—could be relevant, which could be misinterpreted as rescuing the oppressed. But it would be appropriate to see it as a civilizing mission that otherized the targeted people. It seems the Treaty of Peace with Japan seems to have attempted to repudiate such ‘violence and greed’ that followed the First Sino-Japanese War. However, such an attempt raises further questions, as the Western Allies’ repudiation of Japan’s past also reminds us of the West’s own history. This short study attempts to raise questions on these matters.

   5. Japanese Second World War Memory and the San Francisco Peace Treaty

      Chan Yang

      Abstract

      Article 11 of the San Francisco Peace Treaty specifies: ‘Japan accepts the judgments of the International Military Tribunal for the Far East and of other Allied War Crimes Courts both within and outside Japan’. The Japanese government signed the San Francisco Peace Treaty, and from its enactment in 1952, Japanese citizens were expected to remember the Second World War in accordance with the verdicts of the postwar tribunals. However, based on the nature of ‘collective memory’ and the empirical findings of this paper, neither the San Francisco Peace Treaty nor the Japanese government could alter the evolution of Japanese war memory or resolve its issues (e.g., victim mentality, amnesia, and the beautifying of war). These issues have developed through the interplay among Japanese individuals, non-official agents, the Japanese government, and the international community over an extended evolutionary period since the wartime.

5. Unsolved Problems in the San Francisco System

   1. Frontmatter

   2. Beyond the San Francisco System: An Inspiration from Canada

      Kimie Hara

      Abstract

      After World War II, the San Francisco System established in East Asia and the Pacific assured the dominant US influence and military presence. At the same time, it left a lasting legacy of conflicts and divisions between peoples and nations that continue to affect the region today. To break the cycle of recurring conflicts and escalating tensions and to promote peace and stability, it is crucial to understand the historical context and sincerely address and resolve the underlying issues. In recent years, Canada has made significant progress in its efforts toward historical reconciliation with Indigenous peoples and decolonization. This shift was also reflected in the resolution of its territorial dispute with Denmark in 2022. These efforts offer valuable insights for considering conflict resolution and reconciliation in East Asia.

   3. Transcending the San Francisco System Requires the Elimination of Colonial Remnants: With a Focus on Post-war Territorial Disputes in Northeast Asia

      Dekun Hu

      Abstract

      This article analyzes how the post-war San Francisco System, established by the United States through the 1951 peace treaty, fundamentally altered Allied agreements on the disposition of Japanese territory and entrenched sources of ongoing territorial disputes in Northeast Asia. It details how wartime declarations such as the Cairo and Potsdam agreements set clear principles for returning territories seized by Japan, but the San Francisco Treaty replaced these with ambiguous provisions, often favoring U.S. strategic interests and Japan’s claims. The exclusion of China and the Soviet Union from the treaty process, and the shift from “return” to “renounce” regarding territories, led to unresolved disputes over areas such as the Diaoyu/Senkaku Islands, Dokdo/Takeshima, and the Kuril Islands. The article argues that these changes institutionalized colonial remnants and Cold War divisions, impeding regional cooperation and reconciliation. It further contends that Japan’s incomplete reckoning with its colonial past and the U.S. pursuit of hegemony have perpetuated instability. The study calls for Northeast Asia to abandon Cold War thinking, eliminate colonial legacies, and pursue a community of shared destiny. Ultimately, it suggests that only through regional cooperation and historical justice can the obstacles created by the San Francisco System be overcome.

   4. The San Francisco Peace Treaty and Territorial Issues: Information Pamphlets on Territorial Issues From the Japanese Ministry of Foreign Affairs and Their Impact

      Byung Joon Jung

      Abstract

      This paper deals with the preparation and documentation activities of the Japanese Ministry of Foreign Affairs (JMOFA) for the San Francisco Peace Treaty of 1951. Between 1946 and 1949, JMOFA produced seven volumes of pamphlets on territorial issues in the preparation process leading up to the peace treaty. Among them, a series of four pamphlets under the title of Minor Islands Adjacent to Japan Proper was published. These pamphlets were distributed to the Allied Powers to good effect. Focus was placed on the Southern Kuriles, Ryukyus, and Liancourt Rocks (Dokdo), which Japan felt should be recognized as Japanese territory by the Allies. After the San Francisco Peace Treaty, Japan restored peaceful relations with the United States and its major allies, but hostile relations between Japan and its neighbors in East Asia persisted. It was natural that the Soviet Union (Russia), China, and Korea, excluded from the Peace Treaty, later came to engage in territorial disputes with Japan.

6. The San Francisco System and The Human Right

   1. Frontmatter

   2. Unlawfulness of Japan’s Colonization of Korean Peninsula: Korea’s Declaration of January 21, 1904, and Japan’s Violation of International Law

      Etsuro Totsuka

      Abstract

      This article examines the illegality of Japan’s colonization of the Korean Peninsula, focusing on the period from the 1904 declaration of neutrality by the Korean Empire through the 1910 annexation. It argues that Japan’s military invasion and occupation of Korea constituted a serious violation of customary wartime international law, particularly the law of neutrality, as Korea’s neutrality was internationally recognized but disregarded by Japan. The paper analyzes the An Chunggun case, highlighting how Japanese courts ignored wartime international law and instead applied domestic criminal law, undermining Korea’s sovereignty. The study demonstrates that key treaties, such as the 1904 Protocol and the 1905 Protectorate Treaty (Eulsa Treaty), were invalid due to coercion, lack of ratification, and procedural defects. It further contends that the 1910 Annexation Treaty was also null and void, as it was based on these illegitimate agreements and lacked proper authorization. The article draws on historical and legal sources to show that Japan’s occupation was unlawful under both contemporary and modern international law. This conclusion aligns with the 2018 ruling of the Republic of Korea’s Supreme Court. The paper underscores the importance of recognizing these violations for historical justice and future reconciliation in East Asia.

   3. Remedies for the Victims of Crimes Against Humanity: The Case of Comfort Women and Forced Labor

      Tae-Ung Baik

      Abstract

      The United Nations Committee on Enforced Disappearances expressed its concern about the lack of statistical information on the number of so-called comfort women, who may have been subjected to enforced disappearance, and about the absence of investigations, prosecutions, and convictions of perpetrators in its Concluding Observations on December 8, 2018. However, Japan vigorously denied its responsibility. On October 30, 2018, the Supreme Court of the Republic of Korea issued a decision ordering a Japanese firm to pay approximately $88,000 in damages to each of the four forced labor victims of World War II. The Seoul Central District Court and the Civil Division 33 of the Seoul High Court, on January 8, 2021, and November 23, 2023, respectively, also concluded that the Japanese government should pay damages to the Korean women forced into sexual slavery for Japan’s military. Japan again protested that these decisions are unacceptable under international law, arguing that the claims had already been “completely and finally” settled. This article discusses the rights of victims of crimes against humanity, namely comfort women and forced labor victims to demand truth, justice, reparation, and guarantees of non-recurrence and the obligations of Japan to provide effective remedies for the victims.

   4. The Continuity of Statehood and Peoplehood in Modern Korea: How the Republic of Korea Has Defined Its Citizenry

      Chulwoo Lee

      Abstract

      This article explores the legal and political foundations of the Republic of Korea’s statehood and citizenship, illuminating the ROK’s assertion of its identity and continuity with the pre-annexation Korean state. The ROK government has consistently asserted that Japan’s annexation of Korea was null and void ab initio and that, therefore, Korean statehood persisted despite Japanese rule. The article shows to what extent this position has manifested itself in the Korean state’s definition of the boundaries of its people. While the main purpose of the study is to examine the official discourses of the ROK government in explaining the continuity of the citizenry from the pre-annexation Empire of Korea to the post-1948 Republic of Korea, it also sheds light on how the Empire of Korea and the Provisional Government of the Republic of Korea addressed issues of membership. The article highlights the underlying conviction in the identity and continuity of statehood held by the framers of the 1948 Nationality Act and examines the position, within the ROK legal system, of the Temporary Provisions Concerning the Law of Nationality adopted under the US Army Military Government shortly before the establishment of the Government of the Republic of Korea, which was seemingly ignored by the framers. The study concludes that, while the interpretation and application of nationality rules have revealed certain gaps and inconsistencies, the ROK government and judiciary have maintained and developed a commitment to the identity and continuity of statehood between the Empire of Korea and the present Republic of Korea.

   5. Righting the Wrongs of the Past Between the Republic of Korea and Japan as a Retrial of the “San Francisco System”

      Chang Rok Kim

      Abstract

      The article examines the unresolved historical and legal conflicts between the Republic of Korea and Japan stemming from Japan’s colonial rule over Korea from 1910 to 1945. It highlights how the 1951 San Francisco Treaty, while addressing war-related issues, neglected Japan’s colonial responsibilities and excluded Korea from the peace settlement. The 1965 Korea-Japan Claims Agreement resolved financial and property matters but did not provide reparations for colonial injustices or acknowledge the illegality of Japanese rule. Korean victims of forced labor and “comfort women” have continued to seek justice through lawsuits, leading to landmark rulings by Korean courts that affirm Japan’s occupation was illegitimate and that individual claims remain valid. These rulings have fueled diplomatic tensions, as Japan maintains that all claims were settled by the 1965 agreement. The article critiques the Cold War-era settlement, which prioritized geopolitical interests over historical justice, and discusses the ongoing “retrial” of the San Francisco System in Korean courts. It underscores the importance of legal activism and democratization in challenging established narratives. The study calls for a comprehensive reevaluation of the treaty system and recognition of colonial wrongs. Ultimately, it portrays the ongoing struggle for historical accountability and reconciliation between Korea and Japan.

7. Beyond the San Francisco System

   1. Frontmatter

   2. Beyond the San Francisco System: A Japanese View

      Wada Haruki

      Abstract

      This article analyzes the origins, evolution, and consequences of the San Francisco System, the post-World War II order established by the 1951 San Francisco Peace Treaty, and the US-Japan Security Pact. It argues that the system did not achieve true peace in Northeast Asia but instead institutionalized a framework for ongoing conflict, especially on the Korean Peninsula. Excluding key regional actors such as China and the two Koreas, the treaty’s partial nature left many disputes unresolved and enabled the United States to maintain a dominant security presence in Japan and Okinawa. The San Francisco System was further reinforced during the Vietnam War and only began to shift with the US-China rapprochement in the 1970s. Despite the end of the Cold War and US-Soviet reconciliation, North Korea remained isolated and developed nuclear weapons, escalating regional tensions. The article highlights how the Singapore Summit between the United States and North Korea in 2018 opened possibilities for dismantling the system and pursuing a new peace regime. Ultimately, the author envisions the replacement of the San Francisco System with a Northeast Asian community based on cooperation, denuclearization, and mutual security.

   3. Beyond the San Francisco System, to Where? Contending Visions for the Region-Building in East Asia

      Lee Jong Won

      Abstract

      This article examines the evolution of East Asian regional order from the Cold War-era San Francisco System to present-day rival visions for regional integration. It argues that the San Francisco Peace Treaty institutionalized Cold War divisions and prioritized US strategic interests, enabling Japan’s reintegration while neglecting historical reconciliation. The emergence of the ASEAN Plus Three framework and the East Asian Community vision in the 1990s reflected aspirations for greater regional autonomy and cooperation. However, US opposition and growing US–China rivalry have hindered the realization of a cohesive East Asian community. The study highlights the role of middle powers, like ASEAN and South Korea, in promoting inclusive regionalism while noting how mega-regional projects, such as China’s Belt and Road Initiative and the US–Japan-led Indo-Pacific strategy, have complicated regional unity. The article traces the shift from Asia-Pacific to Indo-Pacific frameworks, emphasizing the impact of great power competition on regional diplomacy. It also explores the challenges and setbacks faced by trilateral and multilateral cooperation in Northeast Asia. Ultimately, the article contends that the region stands at a crossroads, with the risk of renewed division under a “San Francisco System 2.0” unless inclusive, community-based approaches prevail.

   4. Trouble Among East Asian Allies? America’s Troubling Past

      Alexis Dudden

      Abstract

      This article explores the persistent tensions in Northeast Asia rooted in American foreign policy, particularly its influence on Japan–South Korea relations. It highlights how unresolved legacies of Japanese colonial rule and the division of Korea continue to shape diplomatic and social conflicts. The study examines the limitations of the 1965 Treaty on Basic Relations, which failed to address forced labor, comfort women, and broader historical injustices. It critiques the United States’ tendency to prioritize strategic interests, often favoring Japan and sidelining Korean grievances. The article discusses how historical memory and nationalist sentiment fuel ongoing disputes, including territorial issues and public protests. It underscores the importance of confronting historical truths for reconciliation and regional stability. The analysis addresses Cold War dynamics that shaped treaty negotiations and left many issues unresolved. It calls for a reassessment of the San Francisco System and more inclusive recognition of history. The article concludes that unresolved historical issues remain central to contemporary security and diplomacy in Northeast Asia. Ultimately, it argues for a more honest and comprehensive engagement with the past to foster lasting peace.

   5. From the Joint Statement by Korean and Japanese Intellectuals to the End of the San Francisco System Evaluation Conferences: Toward a Durban Conference of East-Asian Intellectuals

      Young-Ho Kim

      Abstract

      This paper reflects on the evolution and significance of the San Francisco System through a series of international conferences held since 2016, involving Korean, Japanese, and global intellectuals. It traces the efforts to challenge the postwar order established by the 1965 Korea-Japan Basic Treaty and the San Francisco Treaty, highlighting the impact of joint statements and legal decisions declaring Japan’s colonial rule over Korea as illegal. The paper draws parallels to the Durban Declaration, advocating for an East Asian movement against colonial legacies and for reparatory justice. It analyzes how the San Francisco System, originally intended as postwar atonement, shifted toward anti-communist alliances, exacerbating regional divisions and hindering East Asian community building. The study underscores the role of academic and legal activism in reshaping historical narratives and influencing diplomatic relations. It also examines the recent diplomatic tensions between Korea and Japan, particularly around compensation for forced labor, and critiques the Korean government’s adoption of a third-party reimbursement model. The paper concludes by emphasizing the need for genuine reconciliation and historical atonement, drawing inspiration from global justice movements. Ultimately, it calls for a new East Asian “Durban Declaration” to overcome the limitations of the San Francisco System and foster lasting peace and justice in the region.

8. Backmatter