한국의 영토분쟁의 해결에 있어 역사비평적 접근의 시도

This paper shows the two-sided nature of Korea’s position in relation to territorial issues where Korea is a disputant including Dokdo. We should approach the understanding of international law from the perspective of the current prevailing international law regime which is based upon Eurocentric positivism. This approach lacks an appreciation of Korea’s historical experience which includes the injustice of Japanese annexation and colonialism. The task for Korean international lawyers is to challenge the existing international law regime by promoting a perspective on international law that not only takes into account the historical experience of formerly oppressed countries like Korea, but seeks to bring the international system up to a standard of justice that is fair for all. Though there are scholarly approaches that raise this issue in Korea which have emphasized historical consciousness and decolonization, in order to formulate this as a comprehensive theoretical perspective, more needs to be done. The term, “historical criticism approach,” which was a term that appeared in a recent judgment of the International Court of Justice, is an encouraging indicator that should inspire Korean international lawyers to employ this approach when dealing with territorial issues Korea is involved in.