Article 2 of the Korea-Japan Basic Treaty and Japan's Repatriation of Korean Cultural Properties: Reviewing Travaux Preparatoires

• Author: Yuji Hosaka
• Pages: 157-158

Korea: Korean Cultural Properties in Japan 157

X JEAIL 1 (2017)

Yuji Hosaka

∗

The Treaty on Basic Relations between the Republic of Korea and Japan was signed as

a result of Korea-Japan talks from October 1951 to June 1965. Article 2 of the Korea-

Japan Basic Treaty stipulates the so-called “Article Related to the Former Treaties and

Agreements.” A compromise was adopted with the term, “already null and void.”

As regards this expression, Japan asserts that the period of Japanese occupation was

once valid, while Korea maintains that it has been “fundamentally null and void.”

So, the meaning does not change even if ‘already’ is inserted in the beginning. Korean

cultural properties taken away to Japan during the period of Japanese occupation

should all be returned to Korea, but Japan evaded the expression, ‘return’ until Korea

referred to the term, ‘turn over’ as an intermediate expression between ‘return’ and

‘donation.’ The author believes that the more both sides mutually communicate with

       

issues under international law and justice.

Keywords

Korea-Japan Basic Treaty, the Former Treaties and Agreements, Already

Null and Void, Cultural Properties, Return, Turn Over

Article 2 of the Korea-Japan

Basic Treaty and Japan

’

s

Repatriation of Korean

Cultural Properties:

Reviewing Travaux

Préparatoires

∗ Professor at Sejong University, Seoul, Korea. B.A.(U. Tokyo), Ph.D.(Korea U.). ORCID: https://orcid.org/0000-0001-

6655-0329. This research was supported by Sejong University Research Fund. The author may be contacted at: hosaka@

sejong.ac.kr / Address: 110 Gwanggaeto-gwan Sejong University, 209 Neungdong-ro, Gwangjin-gu, Seoul 05006 Korea.

DOI: http://dx.doi.org/10.14330/jeail.2017.10.1.08

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