I The principle of the interpretation of a geographical term
1) The geographical term must be interpreted as the natural geographical meaning
Eastern Greenland CASE (P.C.I.J. 1933)
The natural meaning of the term is its geographical meaning as shown in the maps. If it is argued on behalf of Norway that these treaties use the term "Greenland" in some special sense, it is for her to establish it, and it is not decisive in this respect that the northern part of Greenland was still unknown. She has not succeeded in showing that in these treaties the word "Greenland" means only the colonized area.
Vienna Convention on the Law of Treaties, 1969
Article 31. General rule of interpretation
1. A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.
2) The renunciation area by Japan on the peace treaty
"Japan recognizing the independence of Korea, renounces all right, title and claim to Korea, including the islands of Quelpart, Port Hamilton and Dagelet."
This is the text about the renunciation area by Japan on the peace treaty on September 8, 1951(SF treaty) and the draft of the treaty on July 3, 1951. (After June,1951, this text was not revised)
A. The natural geographical meaning by USA geographer (original source)
Prof. Boggs recognized that the text doesn’t contain Liancourt Rocks.
If it is decided to give them to Korea, it would be necessary only to add "and Liancourt Rocks" the end of Art. 2, par. (a).
B. The natural geographical meaning by Korea (Korean first interpretation)
Korean government required addition of "Dokdo(Liancourt Rocks)" in the text to USA on July 19, 1951.(original source)
My Government requests that the word "renounces" in Paragraph a, Article Number 2, should be replaced by "confirms that it renounced on August 9,1945, all right, title and claim to Korea and the islands which were part of Korea prior to its annexation by Japan, including the island Quelpart, Port Hamilton, Dagelet, Dokdo and Parangdo."
Korea recognized that Dagelet (Ulleungdo) and Dokdo(Liancourt Rocks) as another island and the text doesn’t contain Liancourt Rocks.
C. The strained geographical meaning by Korea (Korean Second interpretation)
After the SF treaty was issued, Korea government changed her interpretation about the text. She sent a verbal note to Japan on 10 February 1954 and said follows.
Dokdo(Liancourt Rocks) was approved as a Korean territory as an islet belonging to the Ulleungdo(Dagelet) by Chapter 1 Article 2 (a) of the treaty.
This second interpretation is contradictory to her first interpretation. Because USA denied Korean first interpretation and request (see rusk note, No184 document), Korea had to change her interpretation for keeping her political greed. USA didn’t open these diplomatic negotiations with Korea till 1969. Then Korea could tell a lie and keep her second strained interpretation. But now, USA had opened the diplomatic negotiations and the Korean deceit had became clear.
II Unity theory of the international law
The Korean second interpretation is based on the unity theory. To be sure, the international law may accept the attached island as same legally unit of maim island.
PALMAS CASE, Hague, 1928
As regards groups of islands, it is possible that a group may under certain circumstances be regarded as in law a unit, and that the fate of the principal part may involve the rest.
1) Application of unity theory in precedents
For the application of the unity theory to the uninhabited island, the
important criterion of the court is whether distance is less than 12
nautical mile. Because present the area of the territorial water is 12
nautical mile from coast, the court can't be disregarded.
LAND, ISLAND AND MARITIME FRONTIER DISPUTE , ICJ, 1992
The Mohabbakah Islands are four rocky islets which amount to little more than navigational hazards. They are Sayal Islet, which is no more than 6 nautical miles from the nearest point on the Eritrean mainland coast, Harbi Islet and Flat Islet; all three of these are within twelve nautical miles of the mainland coast. Finally, there is High Islet, which is less than one nautical mile outside the twelve-mile limit from the mainland coast, and about five nautical miles from the nearest Haycock island, namely South West Haycock.
2) Application to Liancourt Rocks
The distance from Dagelet (Ulleungdo) to Liancourt Rocks is about 50 nautical mile. Then it will not apply the unity theory to Liancourt Rocks.
LIGITAN AND PULAU SIPADAN , ICJ, 2002
The Court, however, considers that this cannot apply to Ligitan and Sipadan, which are situated more than 40 nautical miles away from the three islands in question.
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Dokdo(独島) is Korean name of the Liancourt Rocks. The meaning of Dokdo is isolated island. Korean name is contradictory to Korean unity theory.
III Conclusion
1) The natural meaning of the Chapter 1 Article 2 (a) of the SF treaty
The
Chapter 1 Article 2 (a) which defined the renounced area by Japan doesn't contain the Liancourt Rocks. This is also proved by the first Korean interpretation.
2) Korean deceptive interpretation
The drafter of the treaty (USA) have notified the truth meaning of the
Chapter 1 Article 2 (a) of the SF treaty. But Korea have disregarded the truth meaning and fabricated the second interpretation intentionally for her political greed. This Korean fraudulent practice breaks ”estoppel” and "good faith" for the interruption.
3) Unity theory
Liancourt Rocks is not an attached island of the
Dagelet (Ulleungdo).
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The Shimane Prefectural Government has confirmed "The New Divisional Map
of Whole Japan(改製日本扶桑分里図)"（1768）, which is the original drawing of
"Newly-carved Highway Map of Japan(改正 日本輿地路程全図)"(1779) that serve as the basis
of Japan’s claim to Takeshima islets in the Sea of Japan. +_%E6%8B%A1%E5%A4%A7%E5%9B%B3.jpg)
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