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한일회담외교문서

외무부장관이 미대사에게 보내는 서한

  • 발신자
    외무부장관 변영태
  • 수신자
    미국대사
  • 날짜
    1952년 2월 11일
  • 문서종류
    공한
  • 문서번호
    No.167
  • 형태사항
    영어 
No.167
American Embassy, Pusan,
February 11, 1952.
Excellency:
I have the honor to advise Your Excellency that the Government of the United States of America has taken note of the Proclamation issued by the President of the Republic of Korea on January 18, 1952 regarding Korean sovereignty over the continental shelves and certain water areas adjacent to the mainland and insular coasts of the Republic of Korea.
I am directed to inform Your Excellency that the Government of the United States of America regards with deep concern the provisions of this Proclamation. If carried into execution, this Proclamation would bring within the exclusive jurisdiction and control of the Republic of Korea wide ocean areas which have hitherto been regarded as high seas by all nations, and would in these waters and in the air spaces above supplant the free and untrammeled navigation of foreign vessels and aircraft by such controls as the Republic of Korea, in the exercise of the sovereignty claimed, might apply. The disclaimer in Paragraph 4 does not lessen the concern of the United States Government since by the assertion of sovereignty, freedom of navigation in these areas might be claimed to a privilege granted by the Republic of Korea rather than a right deriving from international law.
Although the Proclamation purports to be supported by well-established international precedents, my Government is not aware of any accepted principle of international law which would qualify as a legitimate precedent for this purported extension of Korean sovereignty. In this regard, my Government wishes to call to the attention of the Republic of Korea, that, unlike the two Proclamations issued by the President of the United States of America on September 28, 1945 concerning United States policy with respect to the resources of the continental shelf and the conservation of contiguous high seas fisheries, the Korean Proclamation relates to Korean national sovereignty over the areas specified therein. The two United States Proclamations did not contemplate, nor in fact effect, any extension of the pre-existing territorial waters of the United States. On the contrary, the one has specific reference to the natural resources of the subsoil and sea bed rather than to the subsoil and sea bed per se, while the other relates only to the maintenance of the productivity of the fishery resources in contiguous high seas and provides for joint action where one or more other state also have an interest in a fishery to be conserved.
With the foregoing considerations in mind, the Government of the United States of America desires to inform the Government of the Republic of Korea that it reserves all its interests and the interests of its nationals and vessels under the provisions of the Korean Proclamation in question, and under any measures designed to carry them into execution.
Accept, Excellency, the renewed assurances of my most distinguished consideration.
MEMORANDUM
Part I : The United States Government is very much interested in seeing a just and equitable settlement of the fishing problem and the other outstanding problems between Japan and Korea but believes that is primarily a matter to be worked out between the two countries in the forthcoming negotiations. It is hoped that moderation on both sides and recognition of the community of interests between the two nations will lead to an equitable settlement.
Part II : The following is relevant international law and other background material.
1. The Term "national sovereignty" denotes complete jurisdiction for all purpoees.
2, The term "territorial waterer" is derived from the fact that the littoral state has sovereignty over it. This distinguishes territorial waters from the high seas over which no nation has sovereignty.
3. Despite the Republic of Korea disclaimer, the Republic of Korea Proclamation is in effect equivalent to the claim that any nation can, by proclamation, convert the high seas into territorial waters.
4. The United States Presidential Proclamation of September 28, 1945, regarding the natural resources subsoil and sea bed of the continental shelf and the coastal fisheries in contiguous high seas did not purport to establish United States sovereignty over the high seas or the shelf. The United States has always claimed the extent of territorial waters as three miles and has refused to recognize all claims to territorial waters in excess. The United States has, however, exorcised certain protective jurisdictions on the adjacent high seas at various distances more than three miles without claiming sovereignty over the place where jurisdiction was exercised, for example, in the case of revenue and hovering laws regarding smuggling.
5. The United States 1945 Proclamations resulted in several proclamations by Latin American countries purportedly based hereon, but actually asserting sovereignty over the high seas and amounting to a claim of right to extend the territorial waters. The United States has regularly taken exception thereto and reserved its rights thereunder. For example, the Salvador Constitution of 1950 provided that Salvador territory included the adjacent seas for two hundred marine miles including air space, subsoil and the corresponding continental shelf. The United States informed the Salvador Government that it was deeply concerned by the implications; that under long-established principles of international law, universally agreed upon, the territorial sovereignty extends over a narrow belt of territorial waters beyond which lie the high seas; that the execution of the Salvador Constitution would bring within Salvador's exclusive jurisdiction wide areas considered high seas by all nations; that free navigation would be supplanted by such controls as Salvador in the excercise of its sovereignty might apply, since despite the disclaimer in the Salvador Constitution that freedom of navigation in accord with accepted principles of international law was not affected, such freedom might, in view of the Salvador assertion of sovereignty, be claimed to be a privilege granted by Salvador rather than a right based on international law. The note added that together with the great majority of other maritime nations the United States had long adhered to the principle of a three marine mile belt for territorial waters, and informed Salvador that the United States would not consider its nationals, vessels or aircraft subject to the constitutional provisions in question or any measures designed to carry it into execution.
6. The Tripartite Fisheries Convention signed by representatives of the United States, Canada, and Japan on December 14, 1951 stresses the principle that nations should abstain from exercising their right under international law to participate in high seas fishing in cases where (1) scientific evidence shows specific stock of fish is already being fully exploited and that additional fishing will net increase total yield and (2) where protected by conservation regulations which are being enforced. Such abstention from the exercise of high sea fishing rights is by agreement of all governments concerned, and voluntarily undertaken. The line of demarcation described in the Annex of this Convention was drawn only for purposes of administration and for the enforcement of conservation measures. The line is basted on scientific research and was inserted partially on Japan's insistence to clarify areas in which Japanese salmon boats can fish without friction with United States fishermen and officials.
(February 11, 1952 )

색인어
지명
the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, the Republic of Korea, Republic of Korea, United States of America, United States, the United States, Japan, Korea, the Republic of Korea, United States, The United States, The United States, Latin American, The United States, Salvador, The United States, Salvador, Salvador, United States, Salvador, United States, the United States, Canada, Japan, United States
관서
the Government of the United States of America, Government of the United States of America, the United States Government, the Government of the United States of America, the Government of the Republic of Korea, The United States Government, Salvador Government
기타
United States Proclamations, the Korean Proclamation, the Republic of Korea Proclamation, The United States Presidential Proclamation, The United States 1945 Proclamations, the Salvador Constitution of 1950
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외무부장관이 미대사에게 보내는 서한 자료번호 : kj.d_0007_0010_0620