萬國公法과 淸末의 海洋紛爭 -1860-70년대를 중심으로-

This treatise analyzes how Elements of International Law was applied in ocean disputes between China and foreign countries in the late Ching era. More exactly, this study aims to illuminate the roles the ocean played in the process of accommodation of Elements of International Law as well as in early international disputes in Northeast Asia. Scope of this study is limited to ocean disputes connected with accommodation and propagation of Elements of International Law, focusing on Emperor Tongzhi era in the 1860-70s in particular. In the late Ching era, the western powers began to invade China's near oceans by posing problem with ships in distress or wrecked, or by illegal maritime measuring. Using just translated 『Elements of International Law』, the Ching Dynasty could successfully resolve the boat case between Prussia and Denmark, which led China to realize importance of international law and to adopt it. Thereafter, international law was widely propagated through introduction of the Alabama Case which occurred during the Civil War in the US. China's mixed use of traditional concept and foreign theory was also reflected in the conflict between China's tribute notion and western treaty system in its handling of foreign matters, as well as in its application. While handling subordinate relationships with Ryukyu and the Joseon Dynasty in the wake of ocean disputes, Li Hongzhang and the ministry of foreign affairs strived to overcome the crisis by selective use of traditional and modern methods. On the other hand, Ryukyu and the Joseon Dynasty also tried to secure independent position under international law by making the most of traditional subordinate relationships. In early stage when The Ching Dynasty adapted 『Elements of International Law』, it was understood as a kind of natural law mediated by Confucian morality, but entering the late 19th century with waves of imperialism, China began to understand and interpret international laws in the perspective of the law of the jungle and survival of the fittest in the process of social evolution.