Who Violated International Law? Critical Analysis of Abe’s Export Restrictions to Korea

Abstract

Tensions are high between Korea and Japan as a result of Japan’s export restrictions on three essential semiconductor materials exported to Korea and the removal of South Korea from their White List of countries. The Abe Administration announced that these measures were necessary to “ensure non-proliferation of weapons-related materials.” However, it is widely suspected that these measures were adopted as a retaliation against the Korean Supreme Court’s decision recognizing compensation for the forced labor victims during the Japanese occupation period. The Korean government filed a complaint concerning these measures at the WTO DSB for resolution under international law. In this research, the authors will critically analyze Japan’s export restrictions under international law to facilitate a peaceful resolution to the current conflict. This paper will tackle the relevant issues under the WTO/GATT regulations and the Korea-Japan Claims Agreement to address the issue of who violated international law.