Nepal’s road to the World Trade Organization: A pragmatic overview (original) (raw)

2005, Asian Yearbook of International Law, Volume 10 (2001-2002)

Asian Yearbook of International Law comments that the latter's evasiveness "may be regarded as a measure of the difficulties which reform schemes are likely to encounter in this country". 9 Jordan had already heavily commented on the coming of this Agreement in a slightly earlier despatch (No. 167) on 16 August 1904. All his sympathies are with the Japanese. Hayashi had explained everything to the Koreans "in studiously temperate language". In particular, the Korean army would be radically reduced, and this would help assure the Japanese a supply of coolies for military operations. There would be a withdrawal of Korean legations abroad, which had been flattering to the vanity of the Korean Emperor and affording him one of the keenest pleasures in his life. These steps are ostensibly to save money, but are presumably intended to assure Japanese control over the foreign relations of Korea. With an Adviser of their choice and business abroad done through their own legations, "the Japanese will control Corean foreign policy almost as effectively as the British Government did that of the late Transvaal Republic or as the Government of India does in the case of the Amer of Afghanistan". 10 The sequel to this was the actual appointment of the two Advisers. There was an Agreement for a Japanese Financial Adviser on 15 October 1904, without whose consent the Korean Government could take no action. Again, Jordan comments that in drawing up the document, and in particular the above clause, the Japanese "would appear to have followed with some closeness the model set by the British in Egypt". As in Egypt the Adviser sits on the Council of State and can veto any decision. As Lord Milner comments on a similar power in Egypt, it makes the Financial Adviser master of the situation. When he also happens to be a citizen of the country which is in military occupation of the country, i.e., Egypt, then, writes Lord Milner, "there is no need to dwell at tedious length upon the magnitude of his powers". 11 The Diplomatic Adviser, an American, Mr Stevens, under an Agreement of 27 December 1904 received a mandate similar to the Financial Adviser's except that the Japanese Government might terminate the arrangement at any time without consulting Mr Stevens. Article 2 provides, quite simply, that "(i)t will be the duty of Mr Stevens to examine and settle with the utmost faithfulness all questions which arise affecting the relations between the Corean Government and foreign Governments or between the Corean Government and the subjects and citizens of foreign Powers". 12 It is difficult to see what is left of Korea's independence by the end of 1904. A Protectorate has been imposed.