Legal and Political Aspects of the Dokdo Issue: Interrelationship between International Law and International Relations
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Dokdo is a group of islets located roughly midway between the Korean peninsula and the Japanese Archipelago, at 37°14′26.8″N and 131°51′10.4″E. It consists of two main islands, Dongdo (East Island) and Seodo (West Island), around which 89 smaller rocks are scattered. Dokdo is obviously part of Korean territory whether from a historical point of view or under international law. So there is no territorial dispute over Dokdo from the Korean perspective. However, it is difficult to deny that Dokdo is currently perceived by the international community as a territory under dispute between Korea and Japan. In fact, the two countries shelved delicate issues on maritime boundary delimitation around Dokdo, establishing an intermediate zone in the overlapping areas in the East Sea by concluding a bilateral fisheries agreement in 1999. This shows that there actually exists a kind of territorial dispute over Dokdo. Besides, as there exist great differences of opinion on the issue between Korea and Japan, the propriety of the territorial dispute over Dokdo does not look to be clarified in the near future. Also, it is a formidable task to settle territorial disputes as well as to delimit maritime boundaries around a disputed island equitably within a short period of time. Therefore, it would be worth recalling the fundamental meaning of real settlement of territorial disputes or completion of maritime boundary delimitation. Taking into account the two countries’ conflicting views on the Dokdo issue, this article examines several issues, including legal and political arguments on the issue, effective occupation as a means of acquisition of territory, relevant cases on disputes over islands, and possible solutions as concluding remarks.
Abstract
Dokdo is a group of islets located roughly midway between the Korean peninsula and the Japanese Archipelago, at 37°14′26.8″N and 131°51′10.4″E. It consists of two main islands, Dongdo (East Island) and Seodo (West Island), around which 89 smaller rocks are scattered. Dokdo is obviously part of Korean territory whether from a historical point of view or under international law. So there is no territorial dispute over Dokdo from the Korean perspective. However, it is difficult to deny that Dokdo is currently perceived by the international community as a territory under dispute between Korea and Japan. In fact, the two countries shelved delicate issues on maritime boundary delimitation around Dokdo, establishing an intermediate zone in the overlapping areas in the East Sea by concluding a bilateral fisheries agreement in 1999. This shows that there actually exists a kind of territorial dispute over Dokdo. Besides, as there exist great differences of opinion on the issue between Korea and Japan, the propriety of the territorial dispute over Dokdo does not look to be clarified in the near future. Also, it is a formidable task to settle territorial disputes as well as to delimit maritime boundaries around a disputed island equitably within a short period of time. Therefore, it would be worth recalling the fundamental meaning of real settlement of territorial disputes or completion of maritime boundary delimitation. Taking into account the two countries’ conflicting views on the Dokdo issue, this article examines several issues, including legal and political arguments on the issue, effective occupation as a means of acquisition of territory, relevant cases on disputes over islands, and possible solutions as concluding remarks.
참고문헌 (55)
- "Korea Herald", ~ (2012)
- Kentaro Serita, "Nihonno Ryodo (Japanese Territories)", pp.146~165 (2002), Chuokoron-Shinsha
- Yasuaki Onuma, "Inter-civilizational Law: Cases and Materials", pp.26~27 (1996), Toshinto
- Tadao Kuribayashi, "Modern International Law", pp.17~20 (1999), Keio University Press
- [URL]
- 김채형, "샌프란시스코평화조약상의 독도영유권", 국제법학회논총, 52(3), pp.103~124 (2007), 대한국제법학회
- Kim Charn-Kiu, "Dokdo Is Our Territory", Segye Times, ~ (2009)
- Peter Malanczuk, "Akehurst’s Modern Introduction to International Law", pp.157~158 (1997), Routledge
- Arata Yokokawa, "Takeshima, In Digest of Japanese Practice in International Law (3)- Territory, eds. Kokusaiho Jirei Kenkyukai", pp.178~ (1990), Keio Tsushin Co. Ltd
- Shigeki Sakamoto, "Maritime Boundary Delimitation and Territorial Disputes, In International Law of Maritime Boundary Delimitation", pp.57~ (2008), Toshinto
- Kentaro Serita, "Nihonno Ryodo (Japanese Territories)", pp.146~165
- "Letter of Exchange on the Bringing of the Dokdo Issue before the ICJ", ~ (1954)
- Oona A. Hathaway, "Foundations of International Law and Politics", pp.1~3 (2005), Foundation Press
- Yasuaki Onuma, "Law and Politics in the International Community", Law and Politics in the International Community-100 Years of Japan and International Law, 1, pp.1~34 (2001), Sanseito
- Louis Henkin, "How Nations Behave: Law and Foreign Policy", pp.42~ (1968), Praeger
- Martti Koskenniemi, "Carl Schmitt, Hans Morgenthau, and the Image of Law in International Relations, In The Role of Law in International Politics—Essays in International Relations and International Law", pp.18~19 (2000), Oxford University Press
- Hathaway, "Foundations of International Law and Politics", 1~3
- Anne- Marie Slaughter, "A New World Order", 1~31 (2004)
- Lee Chang-Wee, "Seeking the Resolution of Territorial Dispute and Inter-regional Cooperation in Northeast Asia, In The Political, Legal and Historical Implications of the Dokdo Issue: Searching for Cooperation in Northeast Asia", Occasional Paper for the International Conference held on December 9, 2005 at the Marriott Hotel, Seoul, pp.217~219 (2005)
- Robert Jennings, "Oppenheim’s International Law", pp.677~708 (1992), Longman
- Ian Brownlie, "The Rule of Law in International Affairs—International Law at the Fiftieth Anniversary of the United Nations", pp.153~154 (1998), Martinus Nijhoff Publishers
- Ian Brownlie, "Principles of Public International Law", pp.136~ (1999), Oxford University Press
- Ian Brownlie, "Principles of Public International Law", pp.136~137 (1999), Oxford University Press
- Brownlie, "The Rule of Law in International Affairs", 153~154
- Dokdo from the Historical Materials, "Discussions on Takeshima", pp.2007, Naito Seichu
- Chee Choung-Il, "The Legal Status of Dok Island in International Law, In Korean Perspectives on Ocean Law Issues for the 21st Century", pp.62~64 (1999), Kluwer Law International
- Martin Dixon, "Cases and Materials on International Law", pp.258~259 (2000), Blackstone Press
- Jon M. Van Dyke, "Legal Issues related to Sovereignty over Dokdo and Its Maritime Boundary", Ocean Development and International Law, 38, pp.159~ (2007)
- Reports of International Arbitral Awards II, "United Nations", 856~ (2006)
- Chung In-Seop, "100 Key Judicial Decisions of International Law", pp.236~ (2010), Pakyoungsa
- D J Harris, "Cases and Materials on International Law", pp.193~ (2004), Sweet & Maxwell
- Dixon, "Cases and Materials on International Law", 250~251
- Dixon, "Cases and Materials on International Law", 251~
- Harris, "Cases and Materials on International Law", 200~
- Ronald H. Severaid, "International Court of Justice Opinion Briefs", pp.8~ (1978), International Printing company
- Ronald H. Severaid, "International Court of Justice Opinion Briefs", pp.8~ (1978), International Printing company
- Kanae Taijudo, "Territory Problem", Jurist, (647), pp.56~57 (1977)
- Chee, "The Legal Status of Dok Island in International Law", 45~64
- David A Colson, "Sovereignty over Pulau Ligitan and Pulau Sipadan", American Journal of International Law, 97(2), pp.398~399 (2003)
- "Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia v. Malaysia), (2002/39) ICJ Press Release, on the Web site of the International Court of Justice" (2002)[URL]
- "Sovereignty over Pulau Ligitan and Pulau Sipadan (Indonesia v. Malaysia), (2002) ICJ Rep. 625–627, on the Web site of the International Court of Justice" (2002)[URL]
- Van Dyke, "Legal Issues related to Sovereignty over Dokdo and its Maritime Boundary", 163~
- "Dokdo is Korean Territory, 9–10"[URL]
- "Dokdo, Korea’s Beautiful Island"[URL]
- Korea Maritime Institute, "Dokdo is Korean Territory", 10~
- ROK Ministry of Foreign Affairs and Trade, "Dokdo, Korea’s Beautiful Island", 22~
- "Northeast Asian History Foundation, Dokdo Korean Territory Since the 6th Century, 29"[URL]
- Hong Sung-mog, "On the Ownership of Dokdo Island–Dialogue with a Foreign Scholar", Korean Journal of International Law, 48(2), pp.233~ (2003)
- John Collier, "The Settlement of Disputes in International Law", pp.10~11 (2000), Oxford University Press
- Yoshiro Matsui, "International Law of Territorial Acquisition and Dispute over the Senkaku (Diaoyu) Islands", Japanese Annual of International Law, (40), pp.4~5 (1997)
- Koskenniemi, "Carl Schmitt, Hans Morgenthau, and the Image of Law in International Relations", 19~21
- Ribo Hatano, "Workbook International Law", pp.56~ (1985), Yuhikaku
- Hong, "On the Ownership of Dokdo Island–Dialogue with a Foreign Scholar", 223~
- Bill Mansfield, "Compulsory Dispute Settlement after the Southern Bluefin Tuna Award, In Ocean Management in the 21st Century: Institutional Frameworks and Responses", pp.255~256 (2004), Martinus Nijhoff