A Case for the Modifiability of the San Francisco Peace Treaty: Examining the Varying Positions of the U.S. and Britain Over South Korean Participation

• 作者: Yi Tae-Jin
• 来源期刊: 文化与宗教研究:英文版
• 学科: 政治法律
• 关键词: the San Francisco Peace TREATY the US-Japan security TREATY British OBJECTION to South KOREAN PARTICIPATION COMMUNIST China the KOREAN WAR the Cold WAR the 1905 Protectorate TREATY Grotian spirit of international law
• 年，卷（期）: 2020,（2）
• 页码范围: 75-91
• 页数: 17页
• 分类号: D81

摘要

Through a detailed analysis and documentation of relevant U.S.foreign relations and other official documents of the period around the Korean War,this paper aims to prove that in the early negotiation process of the 1951 San Francisco peace treaty,the United States maintained that South Korea should participate in signing the treaty and that the U.S.changed its position because of the resilient British opposition to South Korean participation,which in turn was motivated strongly by the British concern over its strategic interests in East Asia and its diplomatic relations with the newly communized China.In particular,the Chinese intervention in the Korean War and the communist recapture of Seoul provided the impetus for this shift in the U.S.position that led to the exclusion of South Korea from the treaty.Because the substance of the San Francisco peace treaty was dictated by the exigencies under the Korean War and the Cold War and lacks the“Grotian spirit of international law”underlying the founding of the League of Nations and the United Nations,the San Francisco peace treaty does not contain sufficient merit to be worthy of permanent compliance,which leaves open the possibility of modification in the future.