본문 바로가기
KERD
논문KCI 등재

The Sovereignty Dispute over the Liancourt Rocks between Korea and Japan: An Analysis under the International Public Legal Principles of Sovereignty Acquisition

0

조회

0

다운로드

0

인용

0

참고문헌

키워드

초록

The purpose of the article is to determine the territorial sovereignty status of the Liancourt Rocks, disputed between Korea and Japan. The islands are currently occupied and controlled by Korea, and Japan protests the Korean occupation as illegal. The paper employs the historical analysis of the state and civilian actions involving the Liancourt Rocks. The relevant actions are examined under the international legal principles of sovereignty acquisition founded by international mediators, arbitrators, the Permanent Court of International Justice, and the International Court of Justice throughout history. The paper finds that Korea has acquired an earlier title than Japan and has maintained the valid and legal sovereignty over the Liancourt Rocks through the operation of various principles under public international law. Thus the current occupation of the Liancourt Rocks by Korea is found to be legal and valid.

Abstract

The purpose of the article is to determine the territorial sovereignty status of the Liancourt Rocks, disputed between Korea and Japan. The islands are currently occupied and controlled by Korea, and Japan protests the Korean occupation as illegal. The paper employs the historical analysis of the state and civilian actions involving the Liancourt Rocks. The relevant actions are examined under the international legal principles of sovereignty acquisition founded by international mediators, arbitrators, the Permanent Court of International Justice, and the International Court of Justice throughout history. The paper finds that Korea has acquired an earlier title than Japan and has maintained the valid and legal sovereignty over the Liancourt Rocks through the operation of various principles under public international law. Thus the current occupation of the Liancourt Rocks by Korea is found to be legal and valid.

참고문헌 (18)

  1. Currie, John H., "Public International Law" (2008), Irwin Law
  2. Hall, William E., "A Treaties on International Law" (1909), Claredon Press
  3. Hill, Norman, "Claims to Territory in International Law and Relations" (1945), Greenwood Press Publishers
  4. O’Connell, Daniel Patrick, "International Law" (1970), Stevens
  5. Sharma, Surya P., "Territorial Acquisition, Disputes and International Law" (1997), Martinus Nijhoff Publishers
  6. Fern, Sean, "Tokdo or Takeshima? The International Law of Territorial Acquisition in the Japan-Korea Island Dispute", Stanford Journal of East Asian Affairs, 5(1) (2005)
  7. Hassan, Farooq, "The Sovereignty Dispute over Falkland Island", Va. J International Law, 23, pp.68~ (1982)
  8. Lee, Seokwoo, "The 1951 San Francisco Peace Treaty with Japan and the Territorial Disputes in East Asia", Pacific Rim Law & Policy Journal (2002)
  9. "Historical Literature"[URL]
  10. "Underground Resources, Facts about Dokdo"[URL]
  11. "Dokdo: Korean Territory Since the Sixth Century"[URL]
  12. "Dokdo, Korean Island"[URL]
  13. "The Issue of Takeshima"[URL]
  14. "Judicial Decision Involving Questions of International Law: France v Mexico, (Arbitrator: Viktor Emmanuel)", ~ (1931)
  15. "The Netherlands vs the United States of America, Hague Court Reports 2d 83 (Permanent Court of Arbitration), (Arbitrator: Max Huber)", ~ (1932)
  16. UNCLOS III, "article 121(3), 21 ILM", ~
  17. "111 Questions and 111 Answers"[URL]
  18. "Historical Facts about Korea’s Dokdo Island"[URL]

관련 논문AI추천

이 간행물의 다른 논문 (4건)