ABSTRACT
This chapter explores the grass-root causes of the San Francisco Peace Treaty of 1951 and therefore possible ways to peacefully solve territorial disputes between Korea and Japan over Dokdo (Takeshima). The drafting process of the Treaty reveals inherent negligence on the part of the draftees on the history of the islands and East Asia, and the conclusion of it has only allowed states to take a double standard in making their claims, thereby giving rise to today’s dispute. The chapter argues the Treaty be replaced by an institutional mechanism based on a set of coherent and consistent principles, giving greater susceptibility to ensuing arbitration. Toward this end, the article suggests following preconditions: (1) No more application of the double-standard rule; (2) No more resorting to nationalism; (3) No rejection of international consensus; (4) No “winner takes it all,” but sharing interests; and (5) No more flexing of muscles before a peaceful solution.
