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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
- Issue Date
- 2008
- Publisher
- 서울대학교 법학연구소
- Citation
- 법학, Vol.49 No.4, pp. 249-281
- Keywords
- 배타적경제수역 ; 메탄 하이드레이트 ; 신한일어업협정 ; 중간수역 ; 평화선 ; 센카쿠 ; Japan/Korea Fisheries Agreement ; provisional arrangement ; Board of Geographical Names ; sovereign 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 Japans help during the financial
crisis. It had to persuade the angry Koreans saying that the nameless interme-...
- ISSN
- 1598-222X
- Language
- Korean
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