러-일 간 쿠릴열도 영토분쟁의 역사적, 법적, 국제정치적 측면과 국제법의 역할

Japan has territorial issues with each of its neighbors, including the Republic of Korea, Russia, and China. As is often the case with conflicts between countries over territory, all three of Japan's issues with its neighbors are deeply rooted in history. This paper examines the issues surrounding the Southern Kurils / the Northern Four Islands at three levels: historical, legal, and political. Historically, this paper examines the Shimoda Treaty signed between Japan and Russia in 1855, The Treaty for the Mutual Cession of Territory between Japan and Russia signed in St. Petersburg in 1875, and the Treaty of Portsmouth signed in 1905 as a result of the Russo-Japanese War, as well as various declarations, agreements, and drafts that emerged in the process leading up to the Pacific War, Japan's surrender, and the conclusion of the San Francisco Peace Treaty, and in particular, the drafting process of Article 2(c) thereof. It explains the different interpretations of Article 2(c) between Japan and Russia, and provides a legal analysis of the issue. This paper also explores Japan's claims to the islands based on inherent sovereignty theory and the scope of the Kuril Islands. In terms of international politics, it looks into the role of the United States and its interests in the Kuril Islands dispute, and argues that it is in Russia’s favor to maintain the status quo given Kuril Islands’ growing geopolitical importance and that Japan should devise a way to change the status quo considering its increasingly disadvantage in the dispute. In terms of international law, this paper emphasizes that international law plays an important role in the Kuril Islands dispute, both in managing the dispute and in preparing the political ground for its resolution. These historical, legal, and political analyses demonstrate that different perceptions and experiences of history have important implications for the interpretation of international law in territorial disputes and the legal conflicts that surround them. The Russo-Japanese territorial dispute bears many similarities to the Dokdo issue in that it is a product of history and the parties have developed or are developing their legal positions using the San Francisco Peace Treaty as an important source. From this perspective, this paper analyzes the implications of the Russo-Japanese Kuril Islands dispute for the Dokdo issue.