Contact us
 |
[email protected] |
 |
3275638434 |
 |
 |
| Paper Publishing WeChat |
Useful Links
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License
Article
Author(s)
Tae-Jin YI
Full-Text PDF
XML 710 Views
DOI:10.17265/2328-2177/2018.02.002
Affiliation(s)
Seoul National University, Seoul, Korea
ABSTRACT
The leaders of the Meiji
Restoration believed in their master, Yoshida Shoin (吉田松陰), who claimed that in
order for the islands of Japan not to be a colony of the powerful Western
states, Japan had to conquer nearby countries. This led to Japan’s invasion of
the Ryukyu Islands, Taiwan, Korea, and Manchuria, which ultimately led to the
Manchurian Incident of 1931, the Sino-Japanese War, and the Pacific War.
Surprisingly, the subject and the timing of each and every one of these acts of
war were in the same order of Yoshida Shoin’s proposal on preoccupancy. The
Sino-Japanese war of 1894 was romanticized as clearing the barbaric culture by
civilization, and the Russo-Japanese war of 1904 was romanticized as the
realization of Eastern Peace. However, Japanese policies of aggressions were
first deemed illegal by international law during the 1931 Manchurian Incident
by the investigations of the League of Nations. The Japanese Empire received
the recommendation by the League of Nations to restore to original state, but
declined and exited from the League of Nations. Following their exit, they
started the Sino-Japanese War and the Pacific War and eventually lost in 1945.
The goal of the San Francisco Peace Treaty of 1951 was to punish Japan’s
aggressions. However, as the Cold War between the East and the West started to
arise in 1948, the punishment was eased, and their punishment for the
aggressions on the Ryukyu Islands, Taiwan, and Korea was nearly unasked for.
This paper examines the issues of the San Francisco Peace Treaty in the views
of the international law of the League of Nations, established by Manley O.
Hudson of Harvard University and others in U.S. academia and judiciary.
KEYWORDS
Yoshida Shoin’s “preemptive
occupation” of the neighboring countries, First Anglo-Japanese Agreement, The
Inquiry, Manley O. Hudson, the Progressive Codification of International Law,
The League of Nations’ verdict on the Manchurian Incident, James W. Garner, HarvardDraft Convention on the Law of
Treaties 1935
Cite this paper
References