Japan’s Seven Postwar Decades

Japan and South Korea: Time to Build a New Relationship

Politics

Kimura Kan [Profile]

In addition to being the seventieth anniversary of the end of World War II, 2015 marks the fiftieth anniversary of the normalization of ties between Japan and South Korea. The half century since 1965 has brought major changes in international relations, and the old bilateral framework is no longer functioning properly. Korea specialist Kimura Kan offers an overview of the problems and some ideas for mending the relationship.

From a Vertical to a Horizontal Relationship

Over the course of the half century from 1965 to the present, the formerly vertical relationship between Japan and South Korea has undergone a great transformation. One element of this is the shrinking of the economic gap between the two countries. Figure 1 shows the per capita GDPs of Japan, South Korea, and China as measured in US dollars from 1970 through 2013. As we can see from this graph, thanks to its rapid economic growth since the 1980s, South Korea, formerly one of the poorest countries of the Far East, has reached the point of joining the ranks of the advanced countries. The transformation is also evident in the structure of South Korea’s trade. The trade deficits that the country recorded for many years have become a thing of the past; since 2009 it has been earning surpluses, and they have been growing from year to year.

The relative status of the two countries has also changed on the military front. Figure 2 presents the military expenditures of Japan, South Korea, and Taiwan since 1988. South Korea’s military spending is close to 3% of GDP, a relatively high level, and with the rise of its currency, the won, in recent years, the total has been rapidly approaching Japan’s. Though the nature of the two countries’ military outlays differs, it is clear that the gap between them has been closing in this area as well.

So it is evident that over the past 50 years what was formerly a vertical relationship between Japan and South Korea has become a more horizontal one. This is why we have seen a sudden upturn in moves seeking to revise the “old” Japan–South Korea relationship as based on the 1965 basic treaty. In recent years South Korea’s Supreme Court has come out with decisions that at first glance seem to be clearly contrary to the provisions of the 1965 treaty with respect to cases involving the comfort women and those subjected to forced labor. Unlike her predecessors, President Park Geun-hye adopted a hard line toward Japan on the history issue right from the start of her administration. The change in the bilateral relationship underlies developments like these.

An International Arbitration Board to Review the Old Relationship

How should we deal with this situation? The first point we should make clear is that reviewing the old relationship between Japan and South Korea must not mean going back to the starting line. The 1965 basic treaty took 14 years to conclude, measuring from the start of preparatory discussions. As this indicates, it would be no easy matter to formulate a comprehensive new pact from scratch between the two countries, which have knotty differences with regard to territorial issues and historical perceptions. And we certainly cannot put bilateral ties on hold while a new round of negotiations is underway, since the two countries are growing increasingly interdependent on various levels.

At the same time, however, we must acknowledge the hopelessly wide gap that has emerged in the two countries’ views of the 1965 framework, as seen in the contrast between the rulings of Japanese and South Korean courts on the issues of the comfort women and forced labor during World War II. When the two countries’ courts come out with conflicting rulings, their respective governments are legally bound to follow them, and as a result they have less room to negotiate on the issues. In this context, it is virtually impossible to hope that the situation will improve by itself if we put off dealing with it.

So it is essential at this point for Japan and South Korea to forthrightly discuss the framework of their 1965 relationship. The rulings of their courts have limited the options for the two countries’ governments, however, so we need to turn to the international community for help. One idea would be to establish an arbitration board, as stipulated under an annex to the 1965 basic treaty (the Agreement on the Settlement of Problems Concerning Property and Claims and on Economic Cooperation Between Japan and the Republic of Korea) to settle differences of interpretation.

Building a New System for Better Bilateral Ties

If the idea of setting up a formal arbitration board under the provisions of this agreement is considered too difficult in practical terms or too risky in political terms, another option would be to set up a commission or other sort of panel to operate as a “track two” initiative. International judicial arbitration bodies like the International Court of Justice and official arbitration boards are no more than groups of prominent scholars of international law and former diplomats, and it would certainly not be difficult to assemble a similar group as a “pseudo arbitration board.” We might be able to use the judgments of such a board as a tool for pushing the courts and the general public in the two countries toward consensus and building a new bilateral relationship. At the very least, the findings of such a board would provide valuable reference materials to help the two countries’ courts, governments, and above all their people to see how the rest of the international community assesses the debate they are currently conducting. It would also give the administrations in Tokyo and Seoul, both of which are now immobilized by hard-line domestic public opinion, a crucial opening for a shift of course.

Above all, it is essential for us at this point to take a straightforward look at the current state of the bilateral relationship built on the 1965 basic treaty, which, with the passage of a half century, has ceased to function properly, and to look earnestly for ways of fixing it. The world today is one in which relationships that were formerly vertical are becoming horizontal, and this leveling process gives rise to many new problems. In that respect, the relationship between Japan and South Korea is a microcosm of today’s world.

In the context of the major changes taking place in international relations, how can we build a new system that will allow us to maintain the stability formerly provided by the old set of arrangements? Finding an answer to this question will be a test of our wisdom.

(Originally published in Japanese on January 21, 2015. Title photo: South Korea’s President Park Geun-hye and Japan’s Prime Minister Abe Shinzō at the November 2014 ASEAN+3 summit in Myanmar. © Xinhua/Aflo.)

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China LDP Korea Cold War World War II comfort women International Court of Justice Park Chung-hee Prime Minister Abe Seoul Kimura Kan NIEs President Park Geun-hye

Kimura KanView article list

Professor at Kobe University; president, Pan-Pacific Forum. Received his doctorate in law from Kyoto University. Has been a visiting scholar at Harvard University, Korea University, and Sejong Institute. His works include Kankoku ni okeru “ken’i-shugiteki” taisei no seiritsu (The Establishment of the Authoritarian System in South Korea), which won the Suntory Prize for Social Sciences and Humanities, and Nik-Kan rekishi ninshiki mondai to wa nani ka(What Is the Historical Perception Issue Between Japan and South Korea?), which won the Yoshino Sakuzō Prize.

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