國際法上 島嶼의 要件과 獨島의 法的 地位- 유엔 海洋法協約 第121條를 中心으로 -
Regime of Islands under International Law of the Sea and the Legal Status of “Dokdo”
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Abstract
Dokdo is now under territorial dispute between South Korea and Japan. In relation to the legal status of Dokdo, critical issue whether the island is rocks or not under the Article 121 Paragraph 3 of the "United Nations Convention on the Law of the Sea"(UNCLOS) has been raised in recent years. The two countries are divided on this issue. In short, Dokdo is an island in the legal sense of the word in international law of the sea. Even though the island is regarded as rocks, it must be rocks which can sustain both human habitation and economic life of their own. So, Dokdo can have exclusive economic zone or continental shelf, in addition to territorial sea. South Korea might as well develop Dokdo actively and fulfill such requirements as human habitation and economic life of their own as well in order to intensify her sovereignty over the small island.