영토분쟁재판에 있어서 원주민 부족 국제법주체성의 인정가능성 확대

Jurisprudence as to international legal subjectivity of indigenous tribes in non-European regions has changed with the passage of the times. Set in the colonial era, the Palmas arbitration award fundamentally denied the international legal subjectivity of the indigenous tribes of non-European regions. On the other hand, the Western Sahara advisory opinion of the ICJ rendered in 1975 immediately after decolonization implicitly recognized the international legal subjectivity of tribes or nations with social and political organizations. Pedra Branca judgment rendered in 2008 at the ICJ acknowledged that the kingdom of Johor, an indigenous tribal state, was established as a sovereign state in the early 16th century before the birth of modern international law. This trend in jurisprudence shows that subjectivity of international law of non-European indigenous tribes would be more likely to be recognized in the future, facilitating the claim of "historic title" by both the parties and the judges in the territorial dispute trials.