Beyond the San Francisco System
- 2026
- Book
- Editors
- Young-Ho Kim
- Tae-Jin Yi
- Wada Haruki
- Dekun Hu
- Alexis Dudden
- Publisher
- Springer Nature Singapore
About this book
This book, a eight-year interdisciplinary collaboration involving experts in international politics, law, economics, and history from six countries, meticulously analyzes the San Francisco Peace Treaty System and its profound implications. It critically examines how this system reflected the victim-centric approach of the United Nations while offering a crucial counter perspective from colonial and semi-colonial nations such as Korea and China, notably excluded from its initial formulation. The study specifically re-evaluates the treaty's impact through the crucial lens of human rights, addressing issues such as Japanese military sexual slavery and the Okinawa problem. In addition, the book meticulously tracks the subsequent 72-year evolution of this system in direct relation to the significant economic development and dynamic growth of civil society across East Asian regions. It compellingly argues that the ongoing Indo-Pacific collective security regime, strategically encircling China, represents a contemporary iteration, referred to as San Francisco System 2.0, drawing a clear distinction from its predecessor, San Francisco System 1.0. Ultimately, the focus is on an extensive exploration of the essential conditions required for establishing a truly genuine and lasting system of peace in the region.
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Table of Contents
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Frontmatter
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Explanation: The Formation, Process and Results of the San Francisco System
Young-Ho KimThe chapter delves into the formation, process, and results of the San Francisco System, with a particular focus on the Japan-Korea Basic Treaty. It explores the historical context leading up to the treaty, including the Japan-Korea Annexation Treaty of 1910 and the subsequent Japan-Korea Basic Treaty of 1965. The text also examines the role of the United States in shaping the San Francisco System and its impact on East Asian relations. Additionally, it discusses the ongoing implications of the treaty, including the comfort women issue and the issue of forced labourers. The chapter concludes by highlighting the need for a new approach to resolving historical disputes in East Asia, emphasizing the importance of human rights and democracy. Readers will gain a deeper understanding of the complex historical and political dynamics that have shaped East Asian relations and the ongoing challenges that need to be addressed.AI Generated
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AbstractIn 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. -
The San Francisco System in the Postwar World Order
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Clientelism Forever? Contemplating the San Francisco Treaty Settlement 72 Years Ago
Gavan McCormackThe chapter examines the enduring influence of the San Francisco Treaty, signed 72 years ago, on the geopolitical landscape of East Asia. It explores the shifting power dynamics in the region, with a particular focus on the rise of China and the challenges to US hegemony. The text delves into the concept of client states, highlighting the role of Japan, Australia, and South Korea in the US-led alliance system. It also discusses the implications of the Quad and AUKUS alliances, and the potential for a post-San Francisco Treaty regional order. The chapter concludes with a call for a comprehensive, post-US hegemony order that prioritizes peace and sustainability. Additionally, it discusses the historical context of the Korean War and the ongoing division of the Korean peninsula, as well as the role of Okinawa in US military strategy. The text also explores the potential for a peace treaty to end the Korean War and the implications of such a treaty for the region. Furthermore, it examines the environmental challenges facing the region, including climate change and the potential impacts of rising sea levels. The chapter concludes with a discussion of the need for a comprehensive, post-San Francisco Treaty regional order that prioritizes peace, sustainability, and the well-being of the region's citizens.AI Generated
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AbstractThis 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. -
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-HieThe chapter delves into the historical background of the Cairo Declaration, signed in 1943 by the Allied forces, and its core values, which include punishing Japanese aggression, restoring territorial sovereignty to China and Korea, and ensuring the independence and freedom of the Korean people. It highlights how these values were accepted in the Potsdam Declaration and had a legally binding force on Japan. The text then critically evaluates the San Francisco Peace Treaty, signed in 1951, and its limitations, which have led to ongoing territorial disputes and historical conflicts in East Asia. It argues that the treaty did not sufficiently reflect the core values of the Cairo Declaration and ultimately distorted them. The chapter also discusses the current situation in East Asia, marked by uncertainty due to regional territorial and historical conflicts, and the role of non-governmental organizations in overcoming these issues. It proposes an exit strategy involving the establishment of shared norms and values based on East Asian culture and history, and the adoption of an Asian Social Charter at the NGOs level. The chapter concludes by emphasizing the need for East Asian countries to establish shared rules and values based on Asian cultural identity to build a long-standing, peaceful East Asia.AI Generated
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AbstractThe 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. -
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 YiThis chapter delves into the complex history and legal arguments surrounding the San Francisco Peace Treaty, particularly focusing on the exclusion of South Korea. It explores the historical context of Korea's annexation by Japan and the subsequent efforts of the Korean Provisional Government to regain sovereignty. The chapter also examines the legal arguments put forth by the United States and Britain, highlighting the differing positions of these two nations. Additionally, it discusses the political considerations that influenced the final outcome of the treaty, including the Cold War context and the strategic interests of the involved parties. The chapter concludes by arguing for the modifiability of the San Francisco Peace Treaty, suggesting that it did not adequately address the historical injustices and geopolitical realities of the time.AI Generated
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AbstractThis 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. -
Challenges to the Post-War Asia-Pacific International Order
Charles ArmstrongThis chapter delves into the challenges facing the post-war Asia-Pacific international order, with a focus on its spatial configurations and the rise of China's Belt and Road Initiative. It begins by exploring the historical context of the US-led order, tracing its roots back to the end of World War II and the establishment of institutions like the United Nations and the World Bank. The chapter then examines the resilience of this order, despite the relative decline of American power and the rise of regional powers like China. A significant portion of the text is dedicated to the Belt and Road Initiative, analyzing its principles, institutions, and potential impact on the Asia-Pacific order. The chapter argues that the BRI and the Asia-Pacific order are based on different sets of principles and institutions, and that viewing the BRI through the traditional Anglo-American lens of geopolitics may lead to misunderstanding or conflict. The chapter concludes with a discussion on the viability of the post-war, US-led Asia-Pacific order in the context of rapidly changing relations in East Asia and Eurasia, suggesting that the BRI and the Asia-Pacific order could potentially coexist in a complementary fashion.AI Generated
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AbstractMore 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. -
Hasty Peace, Nasty Greed: Analyzing the Defects of the 1951 Treaty of San Francisco in Comparison with the 1919 Treaty of Versailles
Kim Sung WonThis chapter delves into the critical analysis of the 1951 Treaty of San Francisco, contrasting it with the 1919 Treaty of Versailles. The analysis focuses on the lack of punitive measures and detailed territorial provisions in the 1951 Treaty, which has led to ongoing territorial disputes in East Asia. The chapter explores the historical context and the political dynamics that influenced these treaties, highlighting the differences in their approaches to peace and territorial disputes. A significant focus is on the impact of the 1951 Treaty on the Dok-Do dispute, emphasizing the necessity for a critical reevaluation of its legacy. The chapter also examines the treaty through the lens of Third World Approaches to International Law (TWAIL), providing a critical perspective on the treaty's colonial and imperialist legacies. The analysis reveals the treaty's failure to address the interests and rights of weaker nations, perpetuating inequalities and injustices in international relations. The chapter concludes by emphasizing the need for a more detailed study of the treaty's impact and the importance of a critical review from a TWAIL perspective to ensure that international law evolves in a way that genuinely reflects the principles of justice and equity.AI Generated
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AbstractThis 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.
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Japanese Historical Position and the San Francisco System
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The Political Situation Surrounding the “Trans-war Phenomenon” in Postwar Japan and the San Francisco Peace Treaty
Tae-Jin YiThe chapter examines the political situation surrounding the San Francisco Peace Treaty with Japan, focusing on the exclusion of South Korean representatives. It reveals that the U.K., rather than the U.S., was responsible for this exclusion, driven by its colonial interests in Southeast Asia and China. The text also explores the historical context of Japan's imperialist policies, including the establishment of an emperor-centered nationalist system and the implementation of Yoshida Shōin's idea of preempting neighboring countries. The chapter discusses the impact of the emperor system on postwar Japan's political identity and the limitations of the San Francisco Peace Treaty in addressing the colonial liability issue. It concludes that the treaty was a 'wrong answer' that resulted from a lack of understanding of the reality of the Japanese Empire's fascism under the emperor system.AI Generated
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AbstractThe 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. -
A Study on Modern Japanese Colonialism and Ryukyu Restoration
Xu YongThe chapter provides an in-depth analysis of the historical and contemporary aspects of modern Japanese colonialism and the Ryukyu Restoration Movement. It begins with the annexation of the Ryukyu Islands by Japan in 1879, which marked the starting point of Japan's external expansion and colonial rule. The Ryukyu people's efforts to restore their sovereignty, known as the Ryukyu Restoration Movement, have been a long-standing and closely watched issue by the international community. The chapter explores the various phases of the Ryukyu Restoration Movement, including the colonial era, the post-war period, and the contemporary developments in the twenty-first century. It highlights the significant role of Ryukyu Studies in shaping the political and cultural identity of the Ryukyu people. The chapter also examines the international dimensions of the Ryukyu issue, including the involvement of the United States, China, and other major powers. It discusses the historical and contemporary efforts to address the Ryukyu issue, including the role of international law and the United Nations. The chapter concludes by emphasizing the importance of the Ryukyu Restoration Movement in the broader context of East Asian history and international relations, and the need for a global solution to the Ryukyu issue.AI Generated
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AbstractThe 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. -
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 OhThis chapter explores the intricate relationship between the 1951 Treaty of Peace with Japan and the First Sino-Japanese War, focusing on the treaty's Article 2 and its implications on territorial issues predating World War II. The chapter delves into the discourse of civilization and the justification of war, challenging the historical narrative of the Sino-Japanese War. It examines the treaty's attempt to repudiate the 'violence and greed' that followed the war, and the legal and ethical implications of this repudiation. The chapter also explores the Western Allies' role in this repudiation and the complex questions it raises about their own history. Through a detailed analysis of the treaty's Article 2 and the historical context of the Sino-Japanese War, this chapter provides a unique perspective on the treaty's significance and its implications for international law and history.AI Generated
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AbstractWhy 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. -
Japanese Second World War Memory and the San Francisco Peace Treaty
Chan YangThis chapter examines the intricate evolution of Japanese Second World War memory, highlighting its contested nature and the persistent victim mentality. It explores the impact of the San Francisco Peace Treaty and the roles of various actors, including the state, ordinary people, social groups, and outside powers, in shaping this memory. The text delves into the different phases of Japanese war remembrance, from the immediate post-war period to the present day, and discusses the problematic aspects of this remembrance, such as amnesia and the beautification of war. Additionally, it analyzes the influence of external factors, such as the United States and the International Military Tribunal for the Far East, on Japanese war memory. The chapter also examines the role of collective memory and the evolutionary nature of war memory, drawing parallels with European Second World War memory. It concludes by discussing the contested nature of Japanese Second World War memory and its implications for Japan's domestic and international relations.AI Generated
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AbstractArticle 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.
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Unsolved Problems in the San Francisco System
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Beyond the San Francisco System: An Inspiration from Canada
Kimie HaraThis chapter delves into the San Francisco System's profound influence on East Asia's post-WWII order, highlighting its territorial disputes and the enduring Cold War structure. It explores the system's origins, its impact on regional conflicts, and the unresolved issues that continue to divide East Asia. The text also examines the transformation of the San Francisco System over time and its contemporary legacy. Inspired by Canada's Indigenous rights initiatives, the chapter proposes a pathway to reconciliation in East Asia, drawing parallels between Canada's historical conflicts and those in East Asia. It emphasizes the importance of addressing the principal sources of conflict to secure peace and stability in the region. The chapter also discusses the role of the United States in the origins and resolution of these conflicts, as well as the potential for cross-border dialogue and cooperation in exploring mutually acceptable solutions. The text concludes with a call for a renewed focus on rectifying past injustices and achieving historical reconciliation in East Asia.AI Generated
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AbstractAfter 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. -
Transcending the San Francisco System Requires the Elimination of Colonial Remnants: With a Focus on Post-war Territorial Disputes in Northeast Asia
Dekun HuThe chapter delves into the post-war territorial disputes in Northeast Asia, with a particular focus on the San Francisco Peace Treaty. It examines how the treaty, led by the United States, deviated from the agreed-upon provisions of the Allies, leading to territorial disputes between Japan and its neighbors. The text explores the historical context of these disputes, including the Cairo Declaration and the Potsdam Proclamation, and their intended outcomes. It also highlights the role of the United States in altering these provisions, which has had lasting consequences for regional stability. The chapter concludes by discussing the need to eliminate colonial remnants and abandon Cold War thinking to foster cooperation and development in Northeast Asia. It emphasizes the importance of establishing a Northeast Asian community of shared destiny and adopting an overall perspective to resolve or set aside disputes. The text also underscores the potential for trilateral economic and trade cooperation between China, Japan, and South Korea to promote regional integration and sustainable growth.AI Generated
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AbstractThis 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. -
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 JungThis chapter delves into the intricate web of territorial disputes in Northeast Asia following the San Francisco Peace Treaty of 1951. It examines the strategic lobbying efforts by the Japanese Ministry of Foreign Affairs (JMOFA) through the production and distribution of information pamphlets on territorial issues. The focus is on the Kuril Islands, Dokdo (Takeshima), and the Senkaku (Diaoyu) Islands, highlighting how these pamphlets influenced the United States and other Allied Powers. The chapter also explores the historical context and legal arguments presented by Japan, as well as the responses from other nations involved. It concludes by analyzing the long-term impact of these efforts on regional stability and the ongoing territorial disputes.AI Generated
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AbstractThis 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.
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The San Francisco System and The Human Right
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Unlawfulness of Japan’s Colonization of Korean Peninsula: Korea’s Declaration of January 21, 1904, and Japan’s Violation of International Law
Etsuro TotsukaThis chapter delves into the historical and legal aspects of Japan's colonization of the Korean Peninsula, focusing on the unlawfulness of the occupation under international law. The text examines the significance of Korea's declaration of neutrality in 1904 and how Japan's actions violated wartime international law. A central figure in this narrative is An Chunggun, whose actions against Japanese officials are analyzed in the context of international law. The chapter also explores the legal aspects of the An Chunggun case, including the trial and execution, and the broader implications for the legality of Japan's colonization efforts. The text concludes with a discussion on the nullification of key treaties and the ongoing relevance of these historical events in contemporary legal and political discourse. Readers will gain insights into the complex interplay of historical events, legal principles, and international relations, providing a nuanced understanding of the historical and legal dimensions of Japan's colonization of Korea.AI Generated
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AbstractThis 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. -
Remedies for the Victims of Crimes Against Humanity: The Case of Comfort Women and Forced Labor
Tae-Ung BaikThe chapter delves into the intricate legal and political landscape surrounding the issue of comfort women and forced labor victims during the Japanese occupation. It begins by examining recent court rulings in South Korea, which have awarded remedies to victims and challenged Japan's assertions of state immunity. The text highlights the South Korean courts' evolving stance on these cases, with some rulings favoring the victims and others upholding Japan's sovereign immunity. It also explores the Japanese government's consistent denial of legal responsibility and its attempts to evade accountability through diplomatic and economic measures. The chapter discusses the broader implications of these legal battles for international human rights law and the principle of sovereign immunity. It also touches on the historical context of the comfort women and forced labor issues, as well as the ongoing political tensions between South Korea and Japan. The text concludes by emphasizing the need for a regional human rights organization in Asia and the potential role Japan could play in promoting human rights cooperation in the region. Throughout the chapter, the author provides a detailed analysis of the legal principles and political dynamics at play, offering valuable insights for professionals seeking to understand the complexities of this issue.AI Generated
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AbstractThe 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. -
The Continuity of Statehood and Peoplehood in Modern Korea: How the Republic of Korea Has Defined Its Citizenry
Chulwoo LeeThis chapter delves into the Republic of Korea's (ROK) definition of its citizenry and the continuity of statehood, focusing on the historical and legal perspectives. It explores the ROK's stance on the validity of Japan's annexation of Korea and the subsequent treaties, highlighting the ROK's assertion of unbroken statehood. The text examines the ROK's practices in defining and delimiting its Staatsvolk, including the role of the Temporary Provisions Concerning the Law of Nationality and the Nationality Act of 1948. It also discusses the ROK's treatment of Koreans during Japanese occupation, the Provisional Government's role, and the impact of post-war agreements. The chapter concludes by assessing the consistency of the ROK's practices in asserting the continuity of state-peoplehood, providing a comprehensive overview of the ROK's legal and historical framework.AI Generated
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AbstractThis 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. -
Righting the Wrongs of the Past Between the Republic of Korea and Japan as a Retrial of the “San Francisco System”
Chang Rok KimThis chapter delves into the complex historical and legal issues between Korea and Japan, focusing on the unresolved conflicts stemming from Japan's colonial rule over Korea from 1910 to 1945. The text examines the San Francisco Treaty of 1951, which established a new post-war system but failed to address Japan's colonial responsibilities. It also explores the 1965 Claims Agreement, which aimed to normalize relations between Korea and Japan but left many historical issues unresolved. The chapter highlights recent legal rulings in Korean courts that challenge the legitimacy of Japan's colonial rule and the effectiveness of the 1965 Agreement. It concludes with an analysis of the ongoing retrial of the San Francisco System, emphasizing the importance of addressing historical injustices for future peace and reconciliation in Northeast Asia.AI Generated
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AbstractThe 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.
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Beyond the San Francisco System
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Frontmatter
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Beyond the San Francisco System: A Japanese View
Wada HarukiThe San Francisco System, established in 1951, was intended to bring lasting peace to Northeast Asia but failed due to the exclusion of key countries and the ongoing Cold War. The system's core was the San Francisco Peace Treaty and the Japan-US Security Treaty, which allowed the US to maintain troops in Japan indefinitely. The text explores the system's failures, including its role in perpetuating hostilities along the Korean Demilitarized Zone and the efforts to strengthen it through bilateral initiatives. It also delves into the system's expansion into the Vietnam War and its transformation following the US-PRC joint communique in 1972. The text concludes with an analysis of the prospects for a peaceful resolution and the potential for a Northeast Asian community, highlighting the need for a just and viable peace accord to replace the 1953 armistice. The text also discusses the role of the US-DPRK peace process in this context and the potential for a Northeast Asian Nuclear Free Zone. The text provides a comprehensive overview of the San Francisco System's evolution and its impact on the region, offering valuable insights for professionals interested in international relations and political science.AI Generated
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AbstractThis 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. -
Beyond the San Francisco System, to Where? Contending Visions for the Region-Building in East Asia
Lee Jong WonThis chapter delves into the historical and contemporary dynamics of East Asian regional cooperation, focusing on the rise and decline of the East Asian Community vision. It explores the role of middle powers like ASEAN and South Korea in promoting regional integration and the impact of US-China rivalry on these efforts. The text examines the emergence of new geopolitical frameworks such as the Indo-Pacific and the Belt and Road Initiative, and their implications for East Asian regionalism. It also analyzes the challenges posed by historical issues, strategic competition, and the evolving power dynamics in the region. The chapter concludes by assessing the prospects for regional cooperation amidst the intensifying New Cold War and the potential for a San Francisco System 2.0.AI Generated
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AbstractThis 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. -
Trouble Among East Asian Allies? America’s Troubling Past
Alexis DuddenThis chapter delves into the historical and political factors that have contributed to the strained relationship between Japan and South Korea, with a particular focus on the role of the United States. It explores the legacy of Japan's colonial rule over Korea, the division of the Korean Peninsula, and the subsequent diplomatic and security arrangements that have shaped regional dynamics. The text highlights the impact of unresolved historical grievances, particularly those related to forced labor and territorial disputes, on contemporary relations between the two countries. It also examines the U.S. involvement in the region, including its role in brokering the 1965 Treaty on Basic Relations and its ongoing efforts to mediate disputes between Japan and South Korea. The chapter concludes by emphasizing the importance of addressing these historical issues for the sake of regional stability and cooperation. Readers will gain a deeper understanding of the complex interplay between history, politics, and international relations in Northeast Asia, as well as the challenges and opportunities for improving Japan-South Korea relations in the future.AI Generated
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AbstractThis 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. -
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 KimThe chapter discusses the historical context and evolution of the San Francisco System, highlighting its impact on East Asian relations, particularly between Korea and Japan. It explores the efforts of intellectuals to move beyond this system through a series of conferences and joint statements, aiming for a Durban-like conference for East Asia. The text delves into the legal and diplomatic complexities surrounding the San Francisco System, including the Treaty of San Francisco and the Basic Treaty of 1965. It also examines the role of the United Nations and the Durban Declaration in addressing historical grievances and promoting reparatory justice. The chapter concludes with a call for continued efforts to move beyond the San Francisco System and towards a more just and equitable future for East Asia, emphasizing the importance of intellectual collaboration and civil society initiatives in this process.AI Generated
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AbstractThis 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.
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Backmatter
- Title
- Beyond the San Francisco System
- Editors
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Young-Ho Kim
Tae-Jin Yi
Wada Haruki
Dekun Hu
Alexis Dudden
- Copyright Year
- 2026
- Publisher
- Springer Nature Singapore
- Electronic ISBN
- 978-981-9533-28-2
- Print ISBN
- 978-981-9533-27-5
- DOI
- https://doi.org/10.1007/978-981-95-3328-2
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