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독도(獨島)와 그 주변수역(周邊水域)에 대(對)한 한국(韓國)의 주권행사(主權行使)
Korea`s Exercise of Sovereign Rights over Dokdo and its Marginal Seas

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Authors
이상면
Issue Date
2008
Publisher
서울대학교 법학연구소
Citation
법학, Vol.49 No.4, pp. 249-281
Keywords
배타적경제수역메탄 하이드레이트신한일어업협정중간수역평화선센카쿠Japan/Korea Fisheries Agreementprovisional arrangementBoard of Geographical Namessovereign rights
Abstract
The 1952 Korean Proclamation of the Rhee Line surrounding the Korean peninsula

with several straight lines was similar to the regime of the EEZ, as it

comprised the water-column and the seabed of the adjacent seas up to the

possible maximum outer-limits. It was soon vehemently criticized by Japan, as it

would drive out incoming Japanese fishermen from the declared seas. Japan also

claimed the ownership of the islet of Dokdo or Takeshima, which was included

in the Rhee Line, asserting that it used to be a Japanese territory before the

1910 annexation. Protracted negotiations over a decade produced the 1965 Japan/

Korea Fisheries Agreement, wherein Korea allowed the Japanese fishermen to

fish in the entire Korean waters beyond 12 mile exclusive zone. As a result, the

Rhee Line was no longer to be applicable to the Japanese fishermen. Dokdo was

left without any 12 mile exclusive zone in the hazy zone of joint fisheries

resources survey outside of the zone of joint fisheries resources preservation.

In the 1999 Japan/Korea Fisheries Agreement, Dokdo was to be located in the

nameless zone of joint management of fisheries, influenced by the “provisional

arrangement of a practical nature” as provided in Articles 74 of the UN Convention

on the Law of the Sea. There was a vehement criticism over such an

arrangement in Korea, because the rocky islet of Dokdo has not been regarded

as a disputed one by Korea due to the solid evidential facts and the sound legal

bases. South Korea had to accept such an arrangement ‘unwillingly’ while she

was under IMF management when it needed Japan’s help during the financial

crisis. It had to persuade the angry Koreans saying that the nameless interme-...
ISSN
1598-222X
Language
Korean
URI
http://lawi.snu.ac.kr/

http://hdl.handle.net/10371/10245
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College of Law/Law School (법과대학/대학원)The Law Research Institute (법학연구소) 법학법학 Volume 49, Number 1/4 (2008)
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