평화조약 내 영토조항에 관한 연구 – 대일 평화조약과 대이태리 평화조약을 중심으로 -

A peace treaty is made to deal with post-war situations between belligerent states and restore peace to them. After the end of the Second World War, there was no peace treaty between defeated Germany and the victorious Allied Powers. Unlike Germany, however, the Allied Powers made peace treaties with Italy and Japan respectively. The Peace Treaty with Italy in 1947 clearly provides in various provisions which territory Italy shall renounce. Compared to the Peace Treaty with Italy, Article 2 of the Peace Treaty with Japan in 1951 is the only one provision, in substance, for the disposition of Japanese territories. For the worse, Article 2 is not very much clear about the title holder of the disposed territories. The term “Korea” used in Article 2(a) is interpreted to indicate neither the Republic of Korea (ROK) nor the Democratic People’s Republic of Korea (DPRK). It does not settle the question as to whether it covers Dokdo/Takeshima as one of the islands renounced by Japan. In contrast, Article 4(a) of the Peace Treaty with Japan provides for special arrangements to be made between Japan and administering authorities in the territories referred to in Article 2. Japan made several agreements with ROK in line with Article 4(a), which includes various agreements concluded in 1965. While negotiating bilateral arrangements, ROK and Japan failed to answer many questions including the extent of Japan’s responsibility for the period of colonial subjugation of Korean Peninsula. Overall, the ambiguity of the Peace Treaty with Japan creates a great controversy among the states in the North-East Asia with regard to the interpretation of Article 2 which clearly reflects that there remain many questions unresolved.