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
SUMMARY

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... (see full summary)

 
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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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