샌프란시스코 평화조약 제2조 (a)항과 독도

Beginning in 21st century, Japan used to mention the article 2 (a) of San Francisco Peace Treaty concluded on September 8, 1951, in Dokdo issues. This appears that Japan have obviously the intentions to use above the article 2 (a) - territorial clause -, if Dokdo issue will be referred to the International Court of Justice. At any rate, San Francisco Peace Treaty is very important legal documents to decide whether Dokdo belong to Korea or not. Among of them, the article 2 (a) of the treaty is also very essential to estimate the clause legally. So, in this thesis, easily dealing with following some aspects about San Francisco Peace Treaty. First, as the question of the applicability of the article 2 (a) of the Treaty to the non-parties, to analyze whether the article 2 (a) of the Treaty applies to Korea as non-party of the treaty or not. Second, if the treaty could apply to Korea, to examine what’s the contents of the article 2 (a) of the treaty. Third, to arrange the conclusion process in order correctly to interpret the article 2 (a) of the treaty to the non-parties. And for the last, to propose the best way for solution of Dokdo issue from above the examinations and analyses by the conclusion. This thesis is reaching following some conclusions in the basic of above the examinations and analyses, namely the article 2 (a) of San Francisco Peace Treaty can apply to Korea as non-party of the treaty, although the Allied Powers did not specifically mention in Liancourt Rocks in this article (a), there are different opinions between Korea and Japan about the interpretation of the article 2 (a) of the treaty. And then, Korea should make an effort like as following. First, Korea should completely prepare for the insists of Japan, including find out additional facts relating the treaty. Second, Korea also give priority to the historic approach than legal approach in the solution of Dokdo issue. Third, Korea will also try to become a powerful country in the world.