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ID: 101598

1951 San Francisco peace treaty and its relevance to the sovere / Lee, Seokwoo; Dyke, M Van

Lee, Seokwoo	Journal Article
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Publication

2010.

Summary/Abstract

The 1951 San Francisco Peace Treaty ending World War II in the Pacific does not include any language regarding sovereignty over Dokdo, the islets situated in the East Sea/Sea of Japan between Korea and Japan. Earlier drafts had addressed this issue, but language on Dokdo was omitted because of the urgency of completing the Peace Treaty and the outbreak of the Korean War. Earlier documents issued by the Allied Powers had separated Dokdo from Japan's main islands, Korea has strong historical evidence to support its claim to the islets and it has exercised effective occupation over them since the early 1950s. Japan agreed to a Normalization Treaty with Korea in 1965 without insisting on any language referring to Dokdo. Although Japan continues to protest Korea's occupation of Dokdo, its claim is not strengthened by absence of any reference to these islets in the text of the San Francisco Peace Treaty.

Key Words

Sovereignty ; Peace Treaty ; Dokdo ; San Francisco

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ID: 124568

Tribunal navigating complex waters: implications of the bay of Bengal case / Schofield, Clive; Telesetsky, Anastasia; Lee, Seokwoo

Schofield, Clive	Journal Article
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Publication

2013.

Summary/Abstract

The International Tribunal on the Law of the Sea's March 2012 Judgment in the Bay of Bengal Case is a landmark decision in multiple ways. It represents the first maritime boundary to be delimitated by the Tribunal. It is the first adjudication of a maritime boundary in Asia, and it is also the first judicial delimitation of a maritime boundary for parts of the extended continental shelf located seaward of the 200-nautical-mile limit from baselines. While the Tribunal's ruling largely resolves the maritime dispute between Bangladesh and Myanmar, it also raises a number of questions and concerns that are highlighted in this article, including the Tribunal's approach to delimitation both within and beyond the 200-nautical-mile limit, the treatment of islands, the interplay between law of the sea institutions and the creation of a so-called grey area where continental shelf jurisdiction falls to one state and water column jurisdiction to the other.

Key Words

Maritime Boundary Delimitation ; Baselines ; Extended Continental Shelf ; Grey Area

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