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.

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SURVEYS FOR RADIOACTIVE CONTAMINATION
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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.

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SURVEYS FOR NAMING UNDERSEA FEATURES
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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.

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REQUEST FOR USG NON-INTERVENTION
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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