MOFAT FORECASTS ROUGH SEAS FOR LIANCOURT ROCKS

C O N F I D E N T I A L SEOUL 001119 SIPDIS SIPDIS NSC FOR CHA E.O. 12958: DECL: 04/17/2017 TAGS: PREL PGOV KS JA SUBJECT: MOFAT FORECASTS ROUGH SEAS FOR LIANCOURT ROCKS REF: A. 06 SEOUL 1433 ¶B. 06 SEOUL 1349 ¶C. 07 SEOUL 907 Classified By: A/DCM Joseph Y. Yun. Reasons 1.4 (b/d) ¶1. (C) SUMMARY: MOFAT Director-General for Treaties Im Han-taek on April 17 told A/DCM that Seoul and Tokyo were in consultation on how to conduct surveys for radioactive materials located in disputed waters in the East Sea (Sea of Japan). Japan's position is that Tokyo does not want a joint solution; it is pressing to conduct unilateral surveys in July or August 2007 that could result in renewed tensions, reminiscent of the April 2006 standoff (Ref A and B). Im said that the ROKG wanted to be flexible, but would not accept Japanese proposals that called into question ROKG sovereignty to the Liancourt Rocks or the surrounding waters. Im requested that the USG maintain its impartiality on the Liancourt Rocks issue and avoid taking action that would feed ROK perceptions that Washington favored Tokyo's positions. END SUMMARY. -------------- SURVEYS FOR RADIOACTIVE CONTAMINATION -------------- ¶2. (C) MOFAT Treaties Bureau Director-General Im Han-taek on April 17 provided A/DCM with an update on the Liancourt Rocks issue. Im explained that his Japanese counterpart in March during talks in Tokyo submitted a proposal to govern ROK and Japanese surveys in the disputed waters surrounding the Liancourt Rocks located in the East Sea (Sea of Japan). Under the Japanese plan, relevant regional countries would establish an international organization to regulate surveys in the disputed waters, including surveys looking for potential contamination from Soviet-era dumping of radioactive waste. Im explained that this new proposal would threaten the status quo of joint radiological surveys, established in 2006, and question ROKG sovereignty to the area. These were things that Seoul could not accept, he said. ¶3. (C) Im continued that in September 2006, for the first time, Seoul and Tokyo conducted a joint maritime survey, with IAEA coordination, near the Liancourt Rocks to investigate potential radioactive contamination. This compromise resulted from Japan's earlier decision to break with precedent and inform the ROKG that Japan intended to unilaterally conduct a maritime survey in the disputed waters. Prior to 2006, Japanese authorities had "clandestinely" conducted such surveys for 13 years. Once Japan notified South Korea of its intent in 2006, however, the ROKG decided it was compelled exercise its claim of sovereignty over the disputed waters. ¶4. (C) Asked why Tokyo had rejected a second joint survey, Im noted that his Japanese counterpart had argued that a joint survey was too costly and too hard to coordinate. Im said he was suspicious that Tokyo's real intent was to push its territorial claims by conducting a unilateral scientific survey. Im and his Japanese counterpart would meet for a second round of talks, probably in Seoul in May. The ROKG was willing to work with Japan on implementing new procedures to make the joint survey less onerous, but, fundamentally, the ROKG did not want to cede sovereignty to an international organization or take other steps that would equalize ROK and Japanese access to what the ROK considered ROKG territory, he said. Baring a solution, Tokyo had indicated that it planned to conduct its survey in July or August, when the waters were relatively calm. ¶5. (C) Kim Sun-pyo, Director of MOFAT's Legal Affairs Division, offered the legal opinion that neither the ROK nor Japan recognized the right of third countries to conduct scientific surveys within their territorial waters, including in EEZs, without their consent. The Japanese, however, probably would not ask for ROKG permission because this would undermine the Japanese claim of sovereignty While some countries in principle allowed scientific maritime survey in their exclusive economic zone waters upon notification, this generally pertained to "light" surveys that took measurements of currents or depth readings. Kim contended that radiological surveys, by their nature, were more of a "heavy" survey, suggesting that they physically altered the terrain and would require special consent of the host government. -------------- SURVEYS FOR NAMING UNDERSEA FEATURES -------------- ¶6. (C) Im and Kim clarified that underwater mapping operations were a separate topic and at this point not an issue. Im said that there were fourteen underwater features in dispute, ten of which the ROKG viewed as clearly within ROK waters. Four remaining features were in waters that both the ROK and Japan claimed, of which two already had Japanese names, Im said. The International Hydrographic Organization will have its annual meeting in July 2007. As of now, however, neither the ROK nor Japan had signaled an intention to submit new names to the IHO nor conduct any mapping surveys. Should one side make an announcement however, then the other side probably would feel compelled to respond. -------------- REQUEST FOR USG NON-INTERVENTION -------------- ¶7. (C) Im concluded by saying that the ROKG understood that tension between the South Korea and Japan was clearly not in USG interests. Still, Im conveyed Seoul's request that the USG maintain its impartiality on the issue of the Liancourt Rocks and did not take measures that those in the ROK would perceive as favoring the Japanese position. A/DCM responded that Washington's view was that this was a bilateral issue for the ROK and Japan to resolve. The United States would very much like to see the two countries come to terms amicably without heightened tensions. STANTON