독도 영유권 문제에 관한 연구

Abstract

ABSTRACT

A Study on the Problem of Sovereign Right over Dokdo

Lee Nam Hyung Advisor : Prof. Park Yong-Hyun Ph.D. Department of Law,Graduate School of Chosun University

The territorial sovereignty issue of Dokdo island(as stated below, Dokdo issue) due to the measure of Dokdo incorporation by Japan in 1905 has still not been resolved until now although one century has passed. The settlement of the Dokdo issue gives important impacts on ocean resource usage around Dokdo in the future as well as future -oriented relationships forming between Korea and Japan. The Aim of this dissertation is to study about the possible methods for settling the Dokdo issue through international legal prospectives. The content development of this dissertation presupposes that Korea has a lawful territorial sovereignty of Dokdo Island. Therefore the settlement of the Dokdo issue would cause Dokdo to enjoy territorial stability and Korea obtains exclusive status and enjoys exclusive rights to land and sea of Dokdo.

Special methods to settle the Dokdo issue do not exist. I believe that 'Exchange of Notes concerning the Settlement of Disputes between the Government of the Republic of Korea and the Goverment of Japan' defines dispute settlement procedures for three of the five agreements which were decided between the Republic of Korea and Japan in 1965. Therefore general dispute settlement methods are applied to Dokdo issue like the general international dispute. General dispute settlement methods involve negotiations, medication, concliation, inquiry, arbitration, judical settlement etc. as stated in the provisions of Article 33(1) of the UN Charter. Although Artical 33(1) of the UN Charter mentions dispute settlement methods which are widely used in international practices, dispute settlement methods we are consider gives us latitude.

The nations concerned in disputes can change methods that are thought of as the appropriate thing considered and combine different types freely for the solution of a pending dispute. The dispute settlement method is basiclly chosen by consent between the disputing parties. By the way, dispute settlements can be accomplished by unilateral acts of the nation concerned like the relinquishment of claims of territorial sovereignty. This dissertation classifies the dispute settlement methods as three types according to who takes the initiative concerning resolution of disputes. That is, they include unilateral acts by a disputing pary, diplomatic means that two parties concerned settle with initiaves, and then international Judgement that is brought into the third arbitration court and judical court and then decided by its rules. This dissertation focuses on how these methods function in settling the Dokdo issue, and what should be considered when we use each method.

Of course, according to the free selection principle of the dispute settlement method which is guaranted by international law, Dokdo problem settlement method can be also considered other than methods which were discussed in the dissertation. But as in provisions of Article2(3) of UN Charter, the method should not endanger the international peace and security and above all, should not endanger the fact that the sovereignty of Dokdo island belongs to Korea.