Tom Doley comments

The proof for export control is the SK ship seized bt US

Give source.

Lastly it's foolish Neighbor like SK is aiding Abe administration to change Japans constitution

That’s right, blame it on others.

Abe wants to change the constitution to (1) finish off what his grandfather failed to do, (2) remove article 9 as it represents Japan’s shameful failure in WW2, (3) write off Japan’s debt because it will never be able to repay it with its crumbling economy.

You renounced war forever when you lost and now you’re re-arming to start one. Typical Abe for backtracking on international promises. What a hypocrite!

Move on. The rest of the world did.

Wrong. A nation that does not truthfully reflect on its past is not a nation that has moved on.

All South Korea has to do is hand over the export information that Japan has been requesting.

And all Japan needs to do is accuse South Korea of export violations WITHOUT giving evidence? Hypocritical don’t you think?

South Korea has shown there were no export violations to North Korea. The onus is on Japan to provide the evidence which it has refused to date.

And if you really want to believe in the fake Abenarratives, there are over 100 materials exported from Japan to South Korea that are classified as sensitive materials used for developing WOMD. If South Korea was untrustworthy, why has Japan only chosen the three items used for semi conductor production to go through the manual approval process, and status quo (fast track approval) for all other sensitive items despite being delisted? Any logical government would make sure all sensitive materials go through the manual approval process.

Its not rocket science that Abe wanted to target South Korea’s core sector, and not because of his concern for national security.

It is time that Japan made it's mind up as to what it wants. The USA prevented Japan from being divided after WW2, and has pledged to defend Japan for over 70 year's now.

In return Japan has built up it's own SDF, seems to resent USA military on it's soil, abuses it's position by arrogantly claiming other countries sovereign territory. Then Japan expects to pay as little as possible, while claiming exorbitant compensation for every mishap.

Well done Trump. Rip off Japan's days are numbered.

Well said. So many people here just have no sense of appreciation at how the US helped Japan to become what it is today, be it economic development or national security. The Japanese think their ‘great’ achievement was solely by the superior selves.

Having just watched the movie “Midway”, there were quite a few people coming out openly bashing Japan. It’s actually not a good time for Japan to antagonize their conquerers.

In regards to the repeal or abolishment of the Japan Constitution it is not that simple as Japan has renounced WAR FOREVER. Now by definition and not going back billions of years, forever means forever. That's it end of story.

Exactly.

Its interesting that when the similar article about Korea came out yesterday everyone's tone was Korea needs the military. They need to pay more. The military is only in Korea because Korea needs the military. 

Switch to Japan. Japan shouldn't pay more. Japan doesn't need the military. The military isn't in Japan for Japan's sake. They are here for their own interests.

Exactly!

And some people even alluded to the increase for Korea as US’ payback for terminating GSOMIA, or that Korea wanted to break the US Korea alliance.

Whatever Japan accuses other nations, they also do, if not worse. Blatant hypocrisy.

This is clear proof, as if any more was needed, that the Japanese government exercises control over the Japanese media.

Exactly. Watch their ranking in freedom of press continue to slide further down closer towards CCP and DPRK.

South Korea hasn't said or done anything "sensible" since 1965 when they signed a Treaty with Japan. 

Except South Korea has honored the 1965 agreement unlike its counterpart Japan.

Even the UNCHR sided with Korea and said the 1965 treaty did not cover claims against comfort women nor claims for inhumane acts. That is why they recommended Japan to compensate the comfort women separately.

Japan is deceivingly trying to include all types of claims in the treaty when they specifically denied such events existed during the negotiation phase.

These deceptive and bullying tactics don’t work anymore. That is why U.N., WTO, IHO, etc have all sided with Korea in rulings against Japan.

In South Korea these protesters are lead by the South Korean governments position. Honestly sick and tired of my tax dollars being wasted on this pathetic two faced country.

Source? Not mentioned anywhere in the US news.

Maybe you’re relying on news from Japan where everything is controlled by the government.

Simply put, It is not according to UN, but according to (a) specific committee(s) which is not (a) part of UN organ but outer equipment(s) hanging under UNHCR.

Wow, simply unbelievable. Grasping at straws.

Who established those Committees and who do they report to? The OHCHR.

Who established the OHCHR and who do they report to? The UN General Assembly.

Of course the Committees are not in the UN Charter. The Charter doesn’t include the nitty gritty details. It’s up to the relevant authorities to establish them when and if required.

Like all large organizations, the UN delegates tasks to the relevant authorities. It’s called delegated authority. Your logic of bringing up the Secretary General for something that is the responsibility of the Committee is like asking the Chairman of Sony Corporation to direct the movies for Sony Pictures.

They are all part of the UN organ, be it principle or subsidiary organ of UN.

Hence, the recommendation by the UNCHR etc are the voice of UN.

END OF STORY.

Except that, as I told you in the other thread, those UN committees like The Committee on Enforced Disappearances , The Committee Against Torture, or The Committee on the elimination of discrimination against women, all under Human Rights Treaties Bodies, officially criticized 2015 agreement, are actually independent of, do not belong to nor represent UN.　Those committees are not even stipulated in the Charter of the United Nations. FYI SK is not even a state party, nor signatory of International Convention for the Protection of all Persons from Enforced Disappearance :2010

Your point is?

Those Committees, which consists of member experts, are set up to do the investigative work and report back to the Office of the United Nations High Commissioner for Human Rights, who then takes on the recommendations provided by the Committees. It's all part of the UN organ.

If it wasn't significant, then you wouldn't have had the Japanese government rebutting their recommendations.

Use scientific data? What, do a polygraph on every individual of every country and invade their privacy? LOL.

Polls have a margin of error. Trump winning fell within that margin of error. Doesn’t make polls useless. If so, there wouldn’t be polls.

Amazing how you ignore the information in news report provided and come up with your own inference to support your narrative.

Use scientific data? What, do a polygraph on every individual of every country and invade their privacy? LOL. Even a 5 year old will tell you that's not possible.

Polls have a margin of error. Trump winning fell within that margin of error. Doesn’t make polls useless. If so, there wouldn’t be polls.

Amazing how you ignore the information in news report provided and come up with your own inference to support your narrative.

Someone seems completely left behind. Comfort women damage-claim lawsuit to restart today Nov 13 at Seoul Central Regional Court.

Well, they are following the advice of the UN Committee on Enforced Disappearances (CED). The CED declared that the Japanese government’s view that the comfort women issue has been resolved through the 2015 agreement "is inadequate". Further, the CED stated that the 2015 agreement denies the rights of the victims and contended that Japan’s compensation has been insufficient.

In other words, according to UN, Abe stuffed up the 2015 agreement.

You’ve got to be kidding. This show randomly polled only 100 people from different countries on their opinion of which country lies the most. There was zero basis in fact, which means there is absolutely NOTHING valid about this ranking and the fact that you think otherwise is frightening.

The only factual basis would be from a polygraph test, which is obviously impractical. So the next best thing is the informal survey. Give credit where it’s due. 100 people over 40 countries? That is 2.5 people per country? You realize more than half the countries had less than 20% of respondents say they were habitual liars. In other words, there were at least 5 respondents per country for at least 20 countries. Sure is 100 people in total - for those obviously without logic.

I didn’t fail to comprehend anything. You gave incorrect unreliable information again and I corrected you.

Either you have no idea what you’re talking about or you are deliberately trying to misinform. Either way, it’s a good indicator that your information should be taken with a grain of salt.

Unreliable information?

http://the-japan-news.com/news/article/0005487761

8:46 pm, January 18, 2019

The Yomiuri Shimbun

the government is reluctant to hold talks on revising the guidelines as it could result in both the Sea of Japan and the East Sea being used in conjunction. However, there are fears that Japan could be backed into a severe situation as the IHO has shown a tough stance, according to sources.

As part of its efforts, the IHO secretariat has urged Tokyo, Seoul and Pyongyang — which has made claims similar to those of South Korea — to hold informal discussions by the time the 2020 meeting is held.

*According to diplomatic sources, while Japan was reluctant to accept the request, the secretariat strongly demanded last autumn that if Japan did not agree to hold talks, it might consider not simply revising the guidelines but scrapping them altogether. For that reason, the government is believed to be making arrangements to agree to hold the discussions.*

Don’t give me twisted stories like all Japanese apologists do. Scrapping does not mean keeping the name Sea of Japan/ East Sea. It means getting rid of it.

So much for your facts. You know, there’s a limit to how much you can defend fake news.

Ah, here we go again.

S. Korea should get on board with that 3 way alliance.

If Japan doesn't trust Korea, why should Korea? To help Japan give out a fake facade to China and North Korea and pretend it's all rosy when it's not?

Everything that S. Korea has done is to fuel the fire, to bring relations to ever lower levels.

Did you forget that this all started when Japan accused Korea of not being trustworthy?

A recent poll shows S. Korea would support North Korea in a war rather than Japan.

Wrong. It showed there were more S Koreans willing to support North Korea than Japan, not South Korea as a nation. Your argument is pathetic because if there was another Korean War, the Japanese would never support either North or South Korea. At least there were some Koreans willing to fight for Japan.

They are going back in time to 1965 Agreement and trying to dismantle that agreement which took 15 years to sign and billions paid in todays money which S. Korea says it doesn't cover comfort women and now not even the labor workers are covered under that agreement.

South Korea never dismantled the 1965 agreement. The UNCHR even sided with Korea saying that the 1965 treaty did not cover claims against comfort women. That is why they requested Japan to compensate the comfort women separately. The UNCHR also mentioned that the treaty never covered inhumane acts. This has also been the view of the Japanese government prior to Abe.

Further, Japan paid out less than $5 billion in today's money, which is less than the EUR100 billion paid out by Germany. The billions you talk about is nothing to boast about.

2015 comfort woman agreement also gone in 2018 when Moon came to power.

Moon never scrapped the agreement. It's another one of Abe's lies.

They also think Japanese food is radioactive and banned it, boycotting Japanese products on mass as well.

Not just the Koreans, but the Americans, EU, Taiwan, Russia.. etc all banned Japanese seafood due to radiation. And don't be a hypocrite. If Korea had a nuclear meltdown, the Japanese would be the first to ban imports of Korean seafood.

They want Takeshima to be recognize as S. Korean teritority.

It is already recognized as Korean territory not just under international law, but historically and geographically.

Sea of Japan they want to change the name of.

Wrong, they are requesting to use both Sea of Japan and East Sea.

They want to dictate Japanese text books the way they feel it should.

Asking text books to truthfully reflect history does not mean dictate the way they feel. Even many Japanese who migrate overseas realize how distorted their own text books are. If Japan never teaches the truth to future generations, history will repeat itself. Korea doesn't want to be invaded by Japan every 300 years or so ever again.

They want apologies later to say it never happened.

Lip service is not called an apology. It's the full remorse that counts. Worshiping war criminals, distorting history, using the rising sun flag etc. negates all the apologies ever given by any politician.

Agreements signed are only temporary with mood swings changing Korean feelings on the subject overnight.

Care to point out which agreements are temporary?

Korea is the number #1 Japan hating country in the world! Even China is moving on Koreans, we are having better relations with China then with you!

It's akin to Israel hating Germany the most. Your point is? And if you use logic, it's highly correlated to periods when Japan antagonizes Korea.

In terms of sheer numbers though, I would say the Chinese far outnumber the Koreans. If you go to some provinces in China, the vitriolic languages used by most to describe the Japanese in everyday life is something I cannot repeat in this comment, and these are things I've never heard any Korean say.

Don't expect every nation to love Japan, not especially when Japan is not being truthful about its past.

This was an informal survey done by a TV SHOW.

The fact that it was an informal survey makes it even more LEGIT.

You think that if the show had made it formal and said, "we are doing a survey on which nation lies the most", people would give an honest answer? Given Japan's habitual tatemae and obsession with what the world thinks of them, no one in Japan would have answered yes to lying.

If Korea were ranked higher than Japan in that survey, every Japanese would have embraced the results. But being the hypocrites, the Japanese can't accept it because Korea was ranked way lower than Japan.

Wrong again. The IHO will use both names if an agreement can't be reached.

I know using the correct information doesn't fit your anti-Japan agenda, but you could at least try to be a little more accurate.

Pointing out the difference in civility between IHO and Japan was my main point which again you fail to comprehend.

Perjury 172 times as much as Japan ( 430 times as much per capita)

False complaints 500 times as much as Japan (1250 times as much per capita)

Fraud 100times as much as USA

If we go with this argument, you should also talk about how a lot of the crimes in Japan go unreported because either the victims are bullied or they feel ashamed for being a fool, not to mention the pathetic judicial system.

Japan has been asking South Korea for export information for 3 years. Despite being the only country in Asia to be on the preferential list, South Korea chose to ignore that request.

Keep holding onto that piece of fib.

There’s a reason why several years ago Japan was ranked the fourth most lying nation in the world. The world doesn’t buy Japan’s lies anymore, not even the IOC.

And for the sake of your argument, if you want to go down that route of defending Japan’s actions, let me give you a parallel example of what civilized governments/international bodies do.

For 6 years, the IHO requested Japan to meet with Korea and discuss the renaming of the Sea of Japan. For 6 years, Japan ignored IHO’s request. So the IHO gave Japan an ultimatum - meet Korea and discuss a name change for the Sea of Japan by 2020, otherwise it will be nameless.

Compare that to Japan’s actions, a no warning unilateral export restriction. Civilized NOT!

Anyone with a half a brain will tell you that you simply don't share military information with a bully that accuses you of not being trustworthy. Good on South Korea to stand up against the hypocrites.

Kono has repeatedly asked South Korea to reconsider its decision to terminate the accord, saying that it would otherwise lead to a "misleading signal" to other countries in the region.

Another tatamae. Trying to give a typical fake facade to the outside world.

Seems you don't understand how Jus cogens are interpreted in terms of art 53...that is ...any treaties would be void in such cases the said treaties between nations are concluded for the purpose of slavery

Wrong. It doesn’t just impact treaties concluded with the purpose of slavery, but also claims against slavery. The UN Commission on HR when confirming that the 1965 treaty did not cover comfort women also acknowledged that claims based on violation of human rights cannot be waived by a treaty. The precedence has already been set. No ifs and buts.

There is no universal agreement regarding precisely which norms are ***jus cogens* nor how a norm reaches that status*, but it is generally accepted that jus cogens* bans genocide, maritime piracy, enslaving in general, 

Jus cogens bans slavery which includes sexual slavery, slave labor, wartime labor, etc. (aka. comfort women, forced laborers). These basic violation of human rights cannot be waived by any treaty. The fact that Abe and co says that the 1965 treaty states that individuals such as forced laborers do not have access to courts is a violation of international law.

Only the previous governments stance that individual rights to claim have not been extinguished aligns with the Vienna Convention. This can be supported by the fact that Japan knew about jus cogens much earlier in 1925 when they were a signatory to treaties prohibiting slavery. It can be guaranteed that the 1965 treaty would not have included the jus cogens claims because if it did, it would have been a violation of international law back then when the 1965 treaty was made.

As to whether this makes the 1965 treaty totally void, that’s not for me to decide. My opinion is no. You still have the non-jus cogens claims which are the ‘property’ claims of the treaty (for example, wages receivables of voluntary workers). For these, they would have already been covered by the treaty.

So in summary, Abe’s position is very weak at best. You have three issues.

1.   His assertion and back-flip from previous governments that the 1965 treaty contained clauses that individuals can claim but not at court is false

2.   Even if 1 above is hypothetically true, the statement is a violation of international law for jus cogens claims (eg. forced labor, comfort women, etc.)

3.   His assertion that all claims were covered by the treaty is false, as already proven by the UN Commission of Human Rights that stated the 1965 treaty did not include any damage for violation of human rights

Blame your inept Yi Dynasty - not the Japanese!

I find it really obnoxious that people have the audacity to tell the Koreans to thank the Japanese for Korea’s industrialization in the early 1900's when the process of industrialization was a by-product of a ruthless colonization to self serve Japan’s greedy needs and ambitions, and which in itself inflicted mass genocide, human displacement, cultural artifact destruction, loss of self identity, self esteem and pride of the populous, and where we are in a period where some of those victims in that country are still alive.

If Japan had industrialized Korea in a more humane manner, then I too would yell to the Koreans, ‘hey go and thank the Japanese’. But even we Americans have never requested the Japanese to thank us for kick-starting the Japanese industrial revolution.

Seriously, even criminals have better moral conscious than that. Really shameful and pathetic.

First off, I am not Japanese!

Well, my apologies. But in my long working career, I’ve lived and worked in Japan for nearly a decade, and also 17 other large countries for short stints here and there, and throughout my time, the only country where I encountered people actually suggesting that colonization was good is Japan. No one else from other developed nations, not even the Australians, English, Italians, Germans, nor French suggested that. The Australians actually felt sorry to the Aborigines. To even allude to the fact that colonization is the only means of modernizing, and to even suggest that Japan be compensated is ludicrous and inappropriate in this day and age, especially for citizens of first world countries.

..under the progressive and modernizing Japanese,

Trying to obliterate an identity, culture, language... sure is progressive. Not to mention the millions of people slaughtered in the progress.

who when they departed in 1945, bequeathed your country hitherto a backward and primitive society with a semblance of modernization and industrialization!

The liberation left Korea divided that resulted in a civil war, that resulted in total destruction and devastation. Sure is semblance of modernization and industrialization.

If Korea was such a great country prior to the arrival of the Japanese,

Japan being more backward than Korea does not mean Korea is such a great country.

why did you fail to industrialize and modernize?

What, as if all countries develop at the same rate?

It was the Japanese crossing the Sea of Japan in their civilizing mission that finally shook the decadent Joseon Yi Dynasty from its stupor of backwardness.

Civilizing mission? Who are you kidding?

Do thank the Japanese for giving you the building blocks that has made Korea - the RoK - what it is today, a modern country! The Japanese invested so much in you guys; education, management, technology, agriculture, etc.

Did the Japanese thank the Koreans for providing the technology, katakana, Confucianism to make Japan what it was prior to the Meiji period?

If the Japanese hadn't taken over your country, today South Korea would either be under the Chinese, or perhaps the Russians. Or, maybe the DPRK!

Wishful thinking!

Actually, the statements above are so childish, one wonders what biff you have with Korea.

Also, don’t automatically assume I’m Korean just because I support Korea on this issue. I will support Korea when it comes to history revisionism, environmental protection etc. and support Japan in other areas. I don’t hate Japan, in fact, some of my fondest memories are in Japan. I’ve just seen too many cases to know very well that hypocrisy and bullying tactics that are commonly used against other people and nations, and will support the victims of such tactics.

And what did Roh say about wartime labor issue anyway?

Re-read my previous posts.

You never answered my question which one of those Vienna conventions state a sovereign nation cannot override individual rights to claim? 　

Article 53 of the Vienna Convention on the Law of Treaties: “A treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law.”

Peremptory norm provides that a state cannot sign away its people’s human rights through a treaty.

Article 64 of the Vienna Convention: the emergence of a new peremptory norm voids all existing treaties that conflict with the new norm.

In other words, Abe's rhetoric that individuals can claim but can’t access the court is a violation of the peremptory norm.

In short, what I'm asking you is to simply prove the "change in official recognition of JP gov upon abovesaid two points".(although I still don't understand what you actually want to accomplish by proving so)

What’s your fixation on the MOFA website, a mouthpiece for Abe’s propaganda? I’ve given you several statements from previous governments and from the current government in Kono who explicitly made the statement that the interpretation has changed. The change in stance proves Abe back-flipping on the original intentions of the treaty. No ifs and buts.

Vienna Convention on the Law of Treaties

Article 26. "PACTA SUNT SERVANDA"

Every treaty in force is binding upon the parties to it and must be performed by them in good faith.

Article 27. INTERNAL LAW AND OBSERVANCE OF TREATIES

A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46.

Separation of powers within a high contracting party is irrelevant to the other high contracting party.

You obviously have no idea what Yamamoto-san is saying.

So let me get this straight. The Korea's highest court ruled that since Annexation was illegal, any activities under Japan during that time are deemed 'illegal' and thus, the individual claims are valid. Wow!

Wrong. Re-read my post.

In my previous post, I quoted that the Korean judicial system was 'asinine' but that's too kind. I've now got various other words to describe them but I'm afraid the editors would delete them.

Which means you are also disagreeing with international bodies such as the UN. The UN Commission on Human Rights sided with Korea and said the 1965 treaty did not cover even one iota of claims against comfort women, despite Japan's insistence it did. The very fact that Japan wanted to hide all illegal activities from the treaty ended up making the treaty a ‘property claim’ and economic cooperation treaty. In other words, Japan denied sexual slavery back then, which means they also denied claims against sexual damages in the treaty. Why include them in the treaty now? You can't have best of both worlds.

Wasn't it 2000s that Roh admin which investigated all those 1200 pages of records, came up with conclusion that individual victims should be taken care of b SK government

Again you conveniently fail to mention that Roh also said as part of that statement that the 1965 treaty did NOT cover illegal actions, comfort women, Sakhalin Koreans, and victims of atomic bomb.

Several Koreans whom I've met in the US, or when I travel overseas, concede these facts, that:

The very short period of Japanese colonialism in Korea - 1910-1945 - was a progressive period that saw the most rapid modernization and transformation of the Korean economy and society in her 2,000 years plus history.

For the first time in Korea's history, the Japanese colonialist introduced and developed modern railways, a modern telephone and communications grid, a modern road system, a national banking system, an effective public health system - Seoul, a former cesspool of disease finally became habitable for many a slum dweller there, thanks to Japanese sanitation measures. In agriculture, an extensive rural irrigation system, was developed, thus improving agricultural yields, particularly hybrid rice.

Plus, the freeing of the Korean hoi polloi from chattel slavery under the Yangbyan and the decadent, inept Yi Dynasty saved millions of Koreans.

Compensation? For what?

Here we go again, Japanese attempt at glorifying the occupation as if they had some self righteous deed. Did Japan need America to occupy it in order for it to modernize? After all, pre-Meiji era Japan was a lot more backward than Korea. Did the occupation free the untouchables in Japan? Did Japan compensate America for the modernization during both the Meiji period and after WW2?

Such a lame excuse, even criminals have much better moral conscious.

Herein lies another problem for Japan under Abe's current rhetoric.

“The ruling by the Supreme Court of Japan [and the Japanese government] that the South Korea-Japan treaty means that the individual right to make claims exists but claims in court are unacceptable goes against international norms,” said Seita Yamamoto, an attorney who specializes in postwar compensation.

Abe is the one breaking international law. A state cannot restrict individuals from making claims in court. This is part of the Vienna Convention of which Japan is a signatory to, and which applies retroactively to all existing treaties.

Japan will lose the argument if it went to arbitration no matter what.