Settlement of international disputes regarding Indonesia and Korea under the United Nations
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The purpose of this thesis is to review the manner in which the United Nations settled the Indonesian and Korean questions, since both cases were brought to the attentions of the Security Council and the General Assembly in the year of 1947. Indonesia has been under the domination of the Netherlands Kingdom since 1595. During this period, the Indonesian people had never gained their liberty and freedom; but the Dutch failed to repress the Indonesian nationalistic movement toward independence. Early in 1908, the first Indonesian political organization was set up. They have strived desperately for their future freedom and independence during the past two decades. When the Japanese troops entered the archipelago, Indonesia became practically autonomous. The nationalistic movement grew rapidly. They began to rearm and mobilize the masses of the people in preparation for the future revolution. When the Japanese suddely surrendered in 1945, a group of Indonesians, headed by Soekarno and others who had been prominent in the pre-war nationalistic movement, seized the opportunity and eventually proclaimed an independent Republic of Indonesia on August 17, 1945. Though the past two years negotiations between the Netherlands and the Republic of Indonesia have been in progress, yet no basic agreement could be reached. On July 30, 1947, the Indonesian situation was brought to the attention of the U.N. Security Council by Australia and India. On August 1, 1947, the Security Council adopted a resolution calling upon the two parties to cease hostilities and to undertake a settlement by peaceful means. A cease-fire order was carried out on August 25, the Council adopted a resolution providing for the supervision of the cease-fire order by the foreign consuls stationed in Batavia and tendering the Good Offices of the Council in an effort to achieve a settlement. The Committee of Good Offices, on December 1947, opened formal sessions with the Netherlands and Republican delegations on the neutral foredeck of American transport Renville,, a truce was signed and a set of political principles were agreed to; and on January 17, 1948, the text of the Renville agreement was forwarded to the Council. At about the same time, there came up another problem: the Dutch were allegedly most active in fostering separatist states in West Java and Madura. Upon instruction of the Council's resolution of February 28, 1948, requesting the Committee to pay particular attention to political developments in West Java and Madura, and to report to the Council thereupon at frequent intervals. The Committee then drafted the reports on this subject, and submitted them to the Council on 23 April and 18 May, 1948. On December 19, 1948, the Dutch troops resumed so-called "police action" to occupy the capital of Republic, Jogjarkarta and made prisoners of the Republican leaders. Immediately on receipt of the news of hostilities, the U.S. asked for an emergency meeting of the Council. Under the pressure of the U.N., the Dutch have offered the return of the Indonesian Republican government to its former capita and the release of the Republican leaders. The Dutch also promised a complete transfer of its power to the United States of Indonesia at the earliest possible date and not later than July 1, 1950. The Indonesian question is temporarily settled, but there are still some problems remaining to be solved in the near future. Korea had been under the Japanese domination since 1905. During the more than forty years of Japanese rule, the people of Korea never ceased to plan and work for their future independence. Since the conclusion of hostilities in the Pacific, the U.S. has been attempting to fulfill it wartime pledge, contained in the Cairo proclamation of Dec. 1943; that Korea would "in due course" become free and independent. China, the United Kingdom, and the Soviet Union has also subscribed to this pledge. Following the Japanese surrender, Korea was occupied by American and Soviet forces under a bi-zonal system. The bi-zonal arrangement partitioned the country because the Soviet and U.S. occupation authorities were unable to agree to the joint measures measured necessary to the political and economic unity of Korea. Through the two years negotiations between Soviet and American delegations under Moscow Agreement, no results has been reached. In September 1947, the U.S. referred the problem of Korean independence to the U.N. General Assembly as a matter requiring the impartial judgement of of other members of the United Nations. The General Assembly, on November 30, 1947, adopted a resolution that a U.N. Temporary Commission on Korea should be established to observe the elections, to be a vailable for consultation on the formation of the Korean government, and to make reports to the General Assembly. The Commission started its work at Seoul, Korea. On January 1948, the Commission decided to communicate with military commanders of north and south Korea stating that the Commission desired to pay immediate courtesy calls upon the commanders. The Commission was received by the U.S. commander in south Korea, while the Soviet Commander in north Korea had refused to accept the Commission's communication. The Commission, on April 1948, adopted a resolution confirming that it would observe the election announced for May 10, 1948 and stating that it had satisfied itself as a result of extensive field observations in various key districts of south Korea. There existed in that area "in a reasonable degree a free atmosphere wherin the democratic rights of freedom of speech, press, and assembly are recognized and respected." Following the elections the Commission retired to Shanghai to study its conclusions and prepare a report to the General Assembly; they returned to Seoul on June 7, 1948. The representatives elected by the Korean people in the May 10 election convened as the National Assembly tor the first time on May 31, and elected as Chairman Syngman Rhee. On December 1948, the General Assembly adopted a resolution recognizing the South Korean Government as the only lawful government. On January 1, 1949, the U. S. Government recognized the Republic of Korea de jure. In the meantime, another government was brought into being in the northern zone. They proclaimed the establishment of a "Democratic People's Republic of Korea" claiming jurisdiction over the entire country. Today Korea's situation is much worse than ever before. The United Nations, through the past two year settlements, still could not resolve the real Korean question. The only resolution to the problem is the unification of the entire Aorean country in which there is to be set up a joint Government elected by majority of the people in a democratic way.
Thesis (M.A.)--Boston University
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