S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law (JKL) Journal of Korean Law Volume 12 Number 1/2 (2012)
The Sovereignty Dispute over the Liancourt Rocks between Korea and Japan: An Analysis under the Public International Legal Principles of Sovereignty Acquisition
- Kang, Ryan Kihoon
- Issue Date
- BK 21 law
- Journal of Korean Law, Vol.12 No.2, pp. 241-275
- Sovereignty dispute ; sovereignty ; dispute ; acquisition ; island ; Liancourt Rocks ; Dokdo ; Takeshima ; Korea ; Japan
- The purpose of the article is to determine the territorial sovereignty status of the Liancourt Rocks, disputed between Korea and Japan. The islands are currently occupied and controlled by Korea, and Japan protests the Korean occupation as illegal. The paper employs the historical analysis of the state and civilian actions involving the Liancourt Rocks. The relevant actions are examined under the international legal principles of sovereignty acquisition founded by international mediators, arbitrators, the Permanent Court of International Justice, and the International Court of Justice throughout history.
The paper finds that Korea has acquired an earlier title than Japan and has maintained the valid and legal sovereignty over the Liancourt Rocks through the operation of various principles under public international law. Thus the current occupation of the Liancourt Rocks by Korea is found to be legal and valid.