독도와 일본의 무주지선점 논리

Abstract

This paper analyzes the origins of Japan's claim over Dokdo based on the theory of acquired terra nullius and the theory of inherent territory, and analyzes why the claim is problematic. Furthermore, this paper points out the controversy of Japan's later claim based on inherent territory, after it faced limits regarding the former claim of acquired terra nullius. Japan's claim over Dokdo based on the theory of acquired terra nullius originated during the Russo-Japanese War, when Japan secretly seized Dokdo after realizing that it was a strategically important place. After facing limitations of its claim based on the theory of acquired terra nullius, Japan later referred to the theory of inherent territory, which was merely a rhetoric claim which closely resembled Korea's claim over Dokdo. Therefore, this paper points out that Japan's claim over Dokdo by mixing two theories of acquired terra nullius and inherent territory is inconsistent.