1960년대 「북·중 상호원조 조약」과 북한의 통일전략에 관한 국제법적 해석

This study reinterprets the 1961 Sino-North Korean Treaty on Friendship, Cooperation and Mutual Assistance in the context of North Korea’s unification strategy during the 1960s, from the perspective of international law. The Treaty’s key provisions-automatic military assistance (Art. 2), non-intervention (Art. 5), and the principle of peaceful unification (Art. 6)- constitute a unique socialist collective-security framework grounded in Article 51 of the UN Charter. The paper analyzes how North Korea’s declaration of an “antagonistic two-state doctrine” in December 2023 fundamentally nullified the legal and normative premise of peaceful unification embodied in Article 6. In light of North Korea’s nuclear status, it argues that renewed legal interpretation is required regarding the Treaty’s validity, the effectiveness of the automatic-intervention clause, and the reinterpretation of the non-intervention principle. These issues should be examined through the lens of Articles 31 and 62 of the Vienna Convention on the Law of Treaties (teleological interpretation and fundamental change of circumstances). The author contends that while the Treaty remains formally binding, North Korea’s nuclear posture and its two-state policy have structurally altered the Treaty’s purpose and sustainability. This research thus contributes to understanding the transformation and politicization of alliance treaties under international law, offering implications for a future peace regime on the Korean Peninsula.