The legality of the treaty was later disputed by the exiled
Provisional Government of the Republic of Korea, as well as the
South Korean government. While the treaty was affixed with the national seal of the Korean Empire, Emperor
Sunjong of Korea refused to sign the treaty as required under Korean law. The treaty was instead signed by Prime Minister
Ye Wanyong of the Korean Empire, and
Resident General Count
Terauchi Masatake of the Empire of Japan. This issue caused considerable difficulty in the negotiations for the establishment of basic diplomatic relations between Japan and South Korea in 1965. The South Korean government held the position that the annexation treaty was null and void at the time of signing, which the Japanese government contested. A compromise was reached in Article II of the
1965 Treaty on Basic Relations: "It is confirmed that all treaties or agreements concluded between the Empire of Japan and the Empire of Korea on or before August 22, 1910, are already null and void."
Conference to discuss legality of the treaty In January, April, and November 2001, an academic conference on the legality of Japan's annexation of Korea from 1910 to 1945 (titled
A reconsideration of Japanese Annexation of Korea from the Historical and International Law Perspectives) was held at
Harvard University with the support of the
Korea Foundation. Scholars of history and international law participated from South Korea,
North Korea, Japan, the United States, the United Kingdom, Germany, and Canada. Anthony Carty, a professor at the
University of Derby, stated, "During the height of the imperialism, it is difficult to find an international law sufficient to determine the legality/illegality of a particular treaty." According to the
Asian Yearbook of International Law, in his book on international law, "Carty prefers seeing the relationship between Japan and Korea at the time with reference to the reality of the then international community dominated by Western powers, rather than viewing it in terms of treaty law as argued by Korean scholars". Alexis Dudden, a professor at the
University of Connecticut, discussed
Nitobe Inazō's science of colonial policy. She is the author of ''Japan's Colonization of Korea: Discourse and Power'' in which she discusses how Japanese policymakers carefully studied and then invoked international law to annex Korea legally. According to
Kan Kimura, a major result of this conference is that the Korean claim that the annexation was illegal was rejected by the participating Western scholars, as well as others specializing in international law. ==Activism==