독도영유권과 국제법

Abstract

Dokto islands have been claimed as an integral part of Korea by korean people and their government. However, since Japan promulgated the so-called "Takeshima's Day", the tension between these two far eastern countries became higher and higher. This article tried to examine the historical background of Dokto islands and to analyze relevant legal issues surrounding the islands from international law perspectives. Among the relevant legal issues, historical title, effective occupation, critical date were examined in depth. This Article also analyzed the decision of the Korean Constitutional Court about the Korea-Japan Fishery Agreement. Some korean people criticized this agreement on the ground that this agreement derogated korean sovereignty over Dokto islands by creating so-called Middle Zone. However the Court ruled that this agreement did not weaken korean sovereignty over the island, because the agreement aimed only to regulate fishery.