전후 일본 영토의 확정과 독도의 영유권: 관련 문서의 해석과 현상유지(uti possidetis) 원칙의 적용

Abstract

Dispute over Dokdo is a serious issue that runs through the history, colonization, and normalization of diplomatic relations between Korea and Japan. The two countries are opposed to the historical basis of the territoriality of Dokdo, its legal legitimacy, the validity of Japan's occupation of the island, and the interpretation of relevant documents. Among them, this study examines the territorial sovereignty issue of Dokdo through the interpretation of relevant documents before and after Japan's defeat, including the Cairo Declaration, the Potsdam Declaration, the San Francisco Peace Treaty, and the US military administrative documents. In particular, the Dokdo issue was analyzed comprehensively by interpreting the documents related to the Allied Powers that appeared before and after the end of the Pacific War from the perspective of determining Japan's territorial scope. The process of applying the uti possidetis principle to the delimitation of boundaries after the independence of a colony or the separation of a new state was analyzed in relation to the territorial issue of Dokdo. In addition, it was analyzed in what context SCAPIN 677, which established the scope of territorial jurisdiction by the Supreme Commander of the Allied Forces, could be understood in light of the uti possidetis principle.