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학술논문서울법학2019.11 발행

Dispute over Diaoyudao (Senkakuretto) and Its Implications for Dokdo ― Conflicts over History, Relevant Names and Boundaries ―

Dispute over Diaoyudao (Senkakuretto) and Its Implications for Dokdo ― Conflicts over History, Relevant Names and Boundaries ―

이창위(서울시립대학교)

27권 3호, 195~231쪽

초록

This study surveys the issue of Diaoyudao out of Japan's several territorial disputes, laying stress on geographical names, history, state position, boundaries, and its implications for Dokdo. Today, both China and Japan continue to have a variety of opposing opinions in connection with the territoriality over Diaoyudao. From the perspective of a third party, it may not be easy to regard the opinion of a state party as appropriate. However, provided that one considers the historical aspects only, it seems hard to deny that the Chinese opinion is more persuasive. Since 1971, the territorial dispute over Diaoyudao between China and Japan has been one of the most difficult disputes in the world, as the islands are located in the area rich in hydrocarbon resources as well as strategically important for both countries. China and Japan stick to their respective opinions that the territoriality of its own country over the islands is unquestionable under international law or from historical point of view. As there is a great difference of opinions between the two states, the propriety of territorial dispute around these islands does not look to be resolved in the near future. Anyway, we cannot help paying sharp attention to the progress of this dispute. It is because there is considerable similarity between the territorial dispute over Diaoyudao between China and Japan, and the Dokdo issue between Korea and Japan in many respects. So, after examining relevant historical and legal issues relating to this dispute, we should prepare for the incessant Japan's territorial claim over Dokdo. Japan holds a view that keeping occupation over its own territory is the best policy, whereas it insists that it should keep raising objections to other countries' occupation of the disputed territories. Thereupon, we should have a deep understanding of Japan's self-contradictory attitude towards relevant territorial disputes, and then we should work out a rational countermeasure with regard to Dokdo based on cool judgment.

Abstract

This study surveys the issue of Diaoyudao out of Japan's several territorial disputes, laying stress on geographical names, history, state position, boundaries, and its implications for Dokdo. Today, both China and Japan continue to have a variety of opposing opinions in connection with the territoriality over Diaoyudao. From the perspective of a third party, it may not be easy to regard the opinion of a state party as appropriate. However, provided that one considers the historical aspects only, it seems hard to deny that the Chinese opinion is more persuasive. Since 1971, the territorial dispute over Diaoyudao between China and Japan has been one of the most difficult disputes in the world, as the islands are located in the area rich in hydrocarbon resources as well as strategically important for both countries. China and Japan stick to their respective opinions that the territoriality of its own country over the islands is unquestionable under international law or from historical point of view. As there is a great difference of opinions between the two states, the propriety of territorial dispute around these islands does not look to be resolved in the near future. Anyway, we cannot help paying sharp attention to the progress of this dispute. It is because there is considerable similarity between the territorial dispute over Diaoyudao between China and Japan, and the Dokdo issue between Korea and Japan in many respects. So, after examining relevant historical and legal issues relating to this dispute, we should prepare for the incessant Japan's territorial claim over Dokdo. Japan holds a view that keeping occupation over its own territory is the best policy, whereas it insists that it should keep raising objections to other countries' occupation of the disputed territories. Thereupon, we should have a deep understanding of Japan's self-contradictory attitude towards relevant territorial disputes, and then we should work out a rational countermeasure with regard to Dokdo based on cool judgment.

발행기관:
서울시립대학교 법학연구소
DOI:
http://dx.doi.org/10.15821/slr.2019.27.3.007
분류:
법학

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