식민주의와 국제법 - 한국 영토 사안에의 함의 -

This study examines the historical relationship between colonialism and international law, and focuses on how colonialism worked in the development process of international law. In particular, the issue of territory and territorial acquisition in terms of the concept of colonialism was put at the center to be examined. Through this, it was confirmed that there were legal problems in the jurisprudence of discovery, conquest, occupation, and cession, which could be identified as the historical jurisprudence of territorial acquisition. In other words, it had a legal flaw in the rules related to the acquisition of territory during the colonial era. The doctrine of Discovery itself found in the past has a problem of making pagan territories terra nullius, which were not res nullius. Conquest raises legal problems in connection with the failure to recognize the sovereignty of the so-called uncivilized country. Occupation may be related to the colonial expansion of the 19th-century imperial era in its own way. Cession was considered to be effective despite the existence of various issues that can be regarded as having defects in the treaty that expanded colonial territory at the time. This research seems to have some implications for Korean territorial issues. When we looked at the Japanese occupation of Dokdo in 1905, in combination with the perspective of the legal issues of conquest and cession before and after the occupation, we can confirm that this issue was not irrelevant to the Japanese colonial development project at the time. This study can be said to be meaningful in that it raises questions and points out the areas that need to be studied.