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7

Sep

2021

1965 Agreement Korea Japan

By Erik. Posted in Uncategorized | No Comments »

How to solve it? Under the 1965 agreement, an agreement must first be sought through diplomatic negotiations and, if this fails, the dispute must be resolved through international arbitration. Since the Korean government opposed a diplomatic agreement, the Japanese government proposed an international arbitration procedure under the 1965 agreement. If the Korean government believes that the 2018 Supreme Court ruling is compatible with international law, international arbitration would be the best option to resolve the dispute with Japan once and for all. On the other hand, if the Korean government opposes international arbitration on the grounds that it could lose the case, it could have an impact on Korea`s international credibility. 1. Japan and the Republic of Korea have established a close, friendly and cooperative relationship, based on the Treaty on Fundamental Relations between Japan and the Republic of Korea and other relevant agreements concluded by the two countries upon normalization of their relations in 1965. The Agreement on the Settlement of Property and Debt Issues and on Economic Cooperation between Japan and the Republic of Korea (the “Agreement”), which is at the heart of these Agreements, provides for Japan to make available to the Republic of Korea $300 million in grants and loans of up to $200 million (Article I); and that issues relating to the ownership, rights and interests of both parties and their nationals (including legal persons), as well as the rights between the parties and their nationals, are “settled in full and definitively” and that there is no debate on this matter (Article II). So far, the agreement has served as a basis for bilateral relations. In fact, the agreement set out the way forward to find a solution. Treaty on Basic Relations between Japan and the Republic of Korea (Japanese: |韓基本条約 (Nikkan Kihon Jōyaku); Korean: 한일기본조񻛕, 韓日基本條約, Hanil Gibon Joyak) was signed on June 22, 1965. He has engaged in fundamental diplomatic relations between Japan and South Korea. [1] Yoo Euy-sang, a diplomat and author of Diplomatic Inattement & Our Interests With Japan, argues that the 1965 Korea-Japan agreement is an important moment in Korea`s diplomatic history and should be reassessed taking into account all factors. These include the political context of the time, the other party`s historical interpretation, its willingness to come together, the intervention of third parties, the very weak Korean diplomatic infrastructure at the time, and Korea`s economic status at that time.

Yet in October 2018, the Korean Supreme Court issued a surprising ruling that ruled that Japanese private companies must compensate Korean Peninsula workers summoned for these companies during the Pacific War. The judgment is based on the premise that the Japanese-Korean annexation treaty of 1910 was illegal and void under the Korean Constitution of 1948. While the Korean Government strongly supports the Court`s decision, the Japanese Government argues that it is not compatible with the 1965 Agreement. In concluding both the 1965 Treaty on Fundamental Relations between Japan and the Republic of Korea and the 1965 Agreement between Japan and the Republic of Korea on the Settlement of Problems Relating to Property and Rights and Economic Cooperation, Korea and Japan clearly “agreed” that two countries “disagreed” on the legality of the 1910 annexation treaty. This “Agree to Disagree” is a very unique feature of modern relations between Korea and Japan and excludes the issue of the 1910 annexation treaty from being a priority in the interpretation of the 1965 agreement. . .

 
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