일본정부의 독도의 역사적 권원 주장의 변화추이에 관한 연구

Judicial fact must be appreciated in the light of the law contemporary with it. The principle, however, does not resolve the problem where there is a continuous chain of event to be asserted against a background of developing rules of international law. In the Island of Palmas Case (1928) arbitrator Max Huber found that historical title such as ancient title, original title, feudal title could not prevail over the late acts of effective occupation. In the Minquiers and Ecrehos Case (1953), the ICJ decided that original title could today produce no legal effect, unless it had been replaced by another title valid according to the law of time of replacement. Subsequent international tribunals have adopted the theory and practices of replacement of historical title, the judgement of the ICJ in the Minquiers and Ecrehos Case (1953) is cited in the Judgement of Western Sahara Case (1975), the Land Island and Maritime Frontier Case (1992) and Pedra Branca Case (2008). The theory of replacement of historical title was generally recognized not only by international precedents but also international scholars views. Japanese Government adopted the theory of replacement of historical title in so-called "The Takeshima 10 Points" of 2008. In consideration of the changing transition of international law in the historical title, and the Japanese Government's adoption of the transition, it is necessary for the policy decision authorities of the government and history scholars to adopt the legal effects of the replacement of historical title to territorial sovereignty over Dokdo.