독도 영유권과 한국 측 증거 - ‘결정적 기일’의 맥락에서 본 주요 증거 -
Territorial Sovereignty over Dokdo and Evidences to be Presented on the Part of Korea - In the Context of Possible "Critical Dates"
제성호(중앙대학교)
15권 3호, 309~344쪽
초록
Territorial sovereignty of Korea over Dokdo is out of doubt from the historical and international law perspective. The Korean title to the small islet could be under international law supported or proved by original title, acquisition by conquest, historical consolidation, effective control and the supremacy in relative title. Nevertheless, Japan has incessantly contested the Korean sovereignty over Dokdo and made every possible effort to submit the territorial dispute to the International Court of Justice. So we should prepare for pertinent responses in advance to cope with the situation where the Dokdo issue is referred to the international court. Considering all the possible "critical dates" to be adopted by an international tribunal, the Korean government must collect evidences on the display of the Korean sovereignty over Dokdo, including enactments, administrative measures, documentary evidences etc. and systematically arrange them to present before the international court in each case.
Abstract
Territorial sovereignty of Korea over Dokdo is out of doubt from the historical and international law perspective. The Korean title to the small islet could be under international law supported or proved by original title, acquisition by conquest, historical consolidation, effective control and the supremacy in relative title. Nevertheless, Japan has incessantly contested the Korean sovereignty over Dokdo and made every possible effort to submit the territorial dispute to the International Court of Justice. So we should prepare for pertinent responses in advance to cope with the situation where the Dokdo issue is referred to the international court. Considering all the possible "critical dates" to be adopted by an international tribunal, the Korean government must collect evidences on the display of the Korean sovereignty over Dokdo, including enactments, administrative measures, documentary evidences etc. and systematically arrange them to present before the international court in each case.
- 발행기관:
- 중앙법학회
- 분류:
- 법학