남북통일 이후 조약의 국가승계에 관한 국제법적 고찰

If South and North Korea become unified, unified Korea will face an issue of states succession of treaties to which the South and North Korea has joined. This states succession of treaties leads to a rising problem when a new country is established, and is related to a number of legal status such as treaties, bonds, and debts. In this regard, we could witness that the international community has repeatedly discussed the states succession in treaties, and in the process of codification of international law, and adopted the Vienna Convention on the Succession of States in Respect of Treaties in 1978 and Vienna Convention on Succession of States in Respect of State Property, Archives and Debts in 1983. After World War II, however, many new independent countries were born, it was difficult to apply traditional theory of states succession and the Vienna Convention to the states succession. Since there is no existing definite legal standards for the states succession, unified Korea cannot avoid the issue of the states succession in the treaties signed by North Korea. This paper examines relevant treaties, legal theories, and international practices on the states succession in treaties. Also, it suggests a basic theoretical framework and direction on the states succession in the treaties signed by North Korea after unification.