politics

Japan rebuffs Seoul's calls to scrap export curbs

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By Takaya Yamaguchi and Hyunjoo Jin

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https://www3.nhk.or.jp/nhkworld/en/news/20190709_02/

S.Korea to raise issue of export controls at WTO

South Korean government officials plan to raise the issue of Japan's tighter controls on exports to their country at a World Trade Organization meeting.

A South Korean official revealed the plan on Monday, after the conference got started in Geneva.

The South Korean side is expected to express its views on the tighter controls on Tuesday or later. It is likely to tell WTO officials that Japan's move runs counter to international trade rules.

South Korean President Moon Jae-in has called on Japan to drop the restrictions and engage in sincere talks. His government is also reportedly thinking about bringing the case to the WTO.

-16 ( +2 / -18 )

Trade "wars" here and there .....

... a currency war in the planning (Trump again, of course).

Not even to mention "real wars".

Aren't there more important things to take care of?

But how was that old song again?

"Money makes the world go round, the world go round ......".

3 ( +4 / -1 )

The moves, which could hit tech giants Samsung Electronics and SK Hynix

SK Hynix supplies parts to Huawei. And Huawei has been accused of being the communist govt's electronic spy arm. So, good move on the part of the Japanese govt.

17 ( +22 / -5 )

"Japan is making a 100 percent legal argument but they didn't show any sincerity over the past 708 months," said one person familiar with the government's thinking, referring to the years of disagreement over the dispute.

Maybe half the point to solving this dispute is ramming the front part of this down the South Korean's throats. A realization that legally they are on weak ground might be just the thing to get a bit of progress on this.

14 ( +16 / -2 )

Interesting that moon didn't call for a diplomatic solution to the ridiculous court rulings South Korea handed down regarding compensation from Japanese companies. But now that japan has the upper hand, suddenly diplomacy is urgently required. Hand meets face...

25 ( +26 / -1 )

Most Japanese, this time, support the move of their government. Checking Japanese social network services, opinions are full of angers against South Korea that never stops prickling Japan irritating them.

12 ( +13 / -1 )

Tokyo's frustration at what it calls a lack of action by Seoul over a South Korean court ruling last October that ordered Nippon Steel to compensate former forced laborers.

What exactly do they want the Korean government to do? This is a court decision. In every Democratic country, the Judicial branch is separate from the Legislative and Executive. They can't just order the courts to reverse their decision. In Japan, they can, since they don't have a separation of powers, and major political decisions are dictated by LDP oligarchs, so they think Korea should do the same. Their thinking is so ridiculous. They project their own understanding of a corrupt system into South Korea.

Personally i think this should be a wake up call for South Korea. They need to diversify their economy, and stop subsidizing these big monopolies. Their economy is too depended on few big export companies, which is what makes them vulnerable.

-17 ( +3 / -20 )

And Huawei has been accused of being the communist govt's electronic spy arm.

Accused, but not proven by every single country. Just because you accuse someone of something does not make them guilty. Then again, in Japan, you are always guilty until proven guilty.

-15 ( +3 / -18 )

The rebuffing govt rebuffs again ?

-8 ( +0 / -8 )

Japan, led by PM Abe, will stand firm and not back down on this. The ban on tech exports will go ahead unless Moon unequivocally and permanently overturns the ridiculous court ruling against Nippon Steel. This issue of so called wartime labor was permanently and forever settled in 1965.

As Trump says, "Trade Wars are great. It is so easy to win trade wars". Stand Up Japan!

6 ( +9 / -3 )

As Trump says, "Trade Wars are great. It is so easy to win trade wars". Stand Up Japan!

So you think Trump can "easily win" his trade war with Japan?

-2 ( +2 / -4 )

The decision of the Japanese government is quite logical and rational. It's the minimum countermeasures as the independent country.

7 ( +10 / -3 )

Japan do not relent. Dues have been paid, it's time for everyone to move on

6 ( +8 / -2 )

yoshi, independent country ? What are you talking about ?

-6 ( +0 / -6 )

SK irritates and irritates, Japan said sorry and sorry, now that it retaliates, SK makes a scene. Sick of SK's bullying tactics by playing victim.

12 ( +12 / -0 )

What exactly do they want the Korean government to do? This is a court decision. In every Democratic country, the Judicial branch is separate from the Legislative and Executive. They can't just order the courts to reverse their decision.

Not this idiotic defense again!

As I have posted numerous times, the court does not have jurisdiction to interpret treaties that had been bind by two nations. The court only has the jurisdiction to rule if the treaty in it's entirety follows the constitution in which case the court has the power to announce the government has overstepped their authority in binding a unconstitutional treaty forcing the government to renegotiate the entire treaty.

Did the latter happen?

No the former happen which means the court overstepped their authority in interpret an international treaty which is outside domestic law placing them in wrong which the EXECUTIVE branch is obligated to point out by the treaty that the judicial branch's fault which did not happen either making both side at fault seriously damaging the reputation of SK's integrity as a sovereign nation that has clear presence of separation of power.

12 ( +14 / -2 )

Accused, but not proven by every single country. Just because you accuse someone of something does not make them guilty. Then again, in Japan, you are always guilty until proven guilty.

I totally agree with you except for the last sentence. Based on what I’ve seen since early 1990s, “In Korea, Japan is always guilty because that’s the way supposed to be, period”. Koreans had been accusing Japan relentlessly without proofs. Oh that’s right, Japan burnt them into ashes. Lol

0 ( +4 / -4 )

@Triring

Are you an expert on the Korean constitution and Law? Could you copy-paste the link where you get your information from, i would be interested to learn more about it. The Korean court ruled over this back in 2015 after years of investigation. The current court decisions are based on that first court ruling. I am not an expert on the Korean constitution and court system, but i have no reason to doubt its legitimacy. Since then, nobody in Korea has talked or accused the court of overstepping its jurisdictions. Do you expect me to just believe the entire nation of Korea, and all their experts are stupid for not understanding that their court decision has overstepped its jurisdiction, and you, some random person on the internet, has found out about this breach?

Also, i am not an expert, but as far as i know, a domestic court can rule out on a treaty. The treaty involves South Korea, and since the victims want to sue Japanese companies operating in Korea under Korean law, it is up to the Korean courts to make a decision on whether a lawsuit would be against the treaty. The courts have spoken.

-12 ( +1 / -13 )

Abe going to the same ol', same ol' reliable playbook of causing overseas trouble to distract from his ineptness domestically. Doesn't need to though.He's got the old people's vote July 21, so he'll win with ease. As lame as his golf buddy.

-8 ( +0 / -8 )

A small move made by Japanese Government, great damage to SK Tech industry. I can't believe SK officials did not think about this. They had it coming. Good move by Japan. SK asking for money from Japan to give it to NK is just plain stupid and desperate. SK would just suffer in the long run if they still continue this dispute with Japan.

9 ( +9 / -0 )

Wouldn't be an article on SK and Japan without the usual:

The neighbours share a bitter history dating to Japan's colonisation of the Korean peninsula from 1910 to 1945, which saw forced use of labour by Japanese companies and the use of comfort women, a euphemism for girls and women, many of them Korean, forced to work in its wartime brothels.(

How utterly original

5 ( +6 / -1 )

they're playing with a country built on thousands of years of wars. That gene is still there, "forced pacifism" notwithstanding.

most cultures have been built on wars. gene or not Japan was defeated by a superior force. Samurai spirit has no legitimacy in the modern world. Italy / Rome was once the center of the most powerful empire to ever exist, now look at them

-10 ( +1 / -11 )

@nakanoguy

Interesting that moon didn't call for a diplomatic solution to the ridiculous court rulings South Korea handed down regarding compensation from Japanese companies. But now that japan has the upper hand, suddenly diplomacy is urgently required. Hand meets face...

You and most Japaneses, including Abe, have no idea why the term 'compensation' was never used in the 1965 treaty. If you understand the reason, I am sure you are far better than Abe in the legal matter, and would not say that Moon or Abe should do something on it. Think about the reason: https://en.wikisource.org/wiki/Agreement_Between_Japan_and_the_Republic_of_Korea_Concerning_the_Settlement_of_Problems_in_Regard_to_Property_and_Claims_and_Economic_Cooperation

The ruling of the supreme court of Korea in 2018 was just one of the subsequent rulings following the landmark 2015 ruling. The 2015 ruling interpreted complex relationships between domestic and international law and the constitutions of both countries. Even Abe is not eligible for evaluating the legal context.

http://www.asahi.com/ajw/articles/AJ201811300061.html

https://www.loc.gov/law/help/pow-compensation/japan.php

http://justice.skr.jp/estatement.html

-5 ( +2 / -7 )

In this day and age, South Korea will just get what it needs from elsewhere. I am sure that right now, new contracts are being arranged, in many other places.

(one personal observation of mine, Korean business's are more flexibe than Japanese).

We call it a kamikaze gene. S. Koreans and Moon are just terrified, as the American sailors were in 1944:

Maybe, it does terrify people initially, but it does'nt win a war, as proved in 1945.

-9 ( +0 / -9 )

Also, i am not an expert, but as far as i know, a domestic court can rule out on a treaty. The treaty involves South Korea, and since the victims want to sue Japanese companies operating in Korea under Korean law, it is up to the Korean courts to make a decision on whether a lawsuit would be against the treaty. The courts have spoken.

I assume you are trying to say these are all Korean domestic issues. However, the destinations their lawyers visit for negotiation, or their courts sending inquiry letters, always the defendants' head quarters in Japan, which are not South Korean entities subject to SK law

The rightful owners of the assets they have already seized and are about cashing could be the defendants' HQs in Japan, again not SK entities, rather than subsidiaries in SK.

3 ( +5 / -2 )

I'm surprised Korean companies would sink so low as to even look to Japan to supply vital components to their prized industries. After all, Japan has been the enemy of Korea since the beginning of time. Why would they even consider going to them for these essential parts? From all I've read, the Japanese are enemies of the state. Koreans have been taught who and why over and over again, from the early days of their schooling. They're taught to scream out against the travesties bestowed upon them at the top of their lungs. Over and over and over and over and over again. On their death bed with their dying breath, good Koreans swear an oath to come back and one day fight their dastardly neighbour across the Japan Sea, or the Sea of Japan, whatever you want to call it. If I ran the Blue House, I'd ban any company from doing business with or in Japan, and allow all Koreans to join ranks with their other neighbours, that would be North Korea, Russia and China. They are the true protectors of civil society and are replete in their moral superiority and general altruism, which is known around the world. Dotards.

12 ( +14 / -2 )

"What exactly do they want the Korean government to do? "

1) Take the former forced laborer issue to the arbitration panel.

or

2) Take the former forced laborer issue to the ICJ.

1 ( +1 / -0 )

"in this day and age, South Korea will just get what it needs from elsewhere. I am sure that right now, new contracts are being arranged, in many other places. "

Really? Where? Japan controls 90% Japan's got Korea by the nuts. Read the following:

Samsung chief visits Japan to seek export curb workarounds

2 ( +2 / -0 )

Are you an expert on the Korean constitution and Law? Could you copy-paste the link where you get your information from, i would be interested to learn more about it. The Korean court ruled over this back in 2015 after years of investigation. The current court decisions are based on that first court ruling. I am not an expert on the Korean constitution and court system, but i have no reason to doubt its legitimacy. Since then, nobody in Korea has talked or accused the court of overstepping its jurisdictions. Do you expect me to just believe the entire nation of Korea, and all their experts are stupid for not understanding that their court decision has overstepped its jurisdiction, and you, some random person on the internet, has found out about this breach?

Also, i am not an expert, but as far as i know, a domestic court can rule out on a treaty. The treaty involves South Korea, and since the victims want to sue Japanese companies operating in Korea under Korean law, it is up to the Korean courts to make a decision on whether a lawsuit would be against the treaty. The courts have spoken.

I don't need to be an expert on Korean law, you only need to know the principle behind separation of power to tell you that the SK court is a farce stepping beyond their jurisdiction.

International treaties are bound between nations and are not domestic laws. The court only has the power to rule if such treaties in it's entirety following the nation's constitution or not and have no authority in placing interpretations to develop a ruling.

If the SK court is truly allowed to step-in and interpret parts of a treaty and make a ruling then it shows how much a banana republic SK is.

2 ( +2 / -0 )

@IloveCoffeeJuly 9 07:36 pm JST

What exactly do they want the Korean government to do?

This question presupposes that the decision is bad from an international law perspective, otherwise we should be discussing something else. In this case, the Executive can't tell the Judiciary to reverse - that's true even in Japan; there may or may not be behind the scenes stuff but once the ruling is on paper, it is done. However, it can openly refuse to execute the judgment. The court can slap on verdicts of illegality, but ultimately the Executive holds the personnel and equipment and if it doesn't bulge, the Judiciary is powerless.

Next they can use every political card in their hand to insert new legislation. That "resets" the legal deck and justifies a new decision.

0 ( +0 / -0 )

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