Article
Dominium over Tokdo (Takeshima) Based on Evidence and ICJ Cases
amazon kindle
(2024)
Abstract
The dominium dispute over the Korean small island ‘Tokdo’ between Korea and Japan has continued since the year 1945 when Korean was liberated from Japan. Unfortunately, the emotional dispute between two countries is much more being intensified due to the construction issue of “The Claims Agreement between Korean and Japan” signed in 1965.
The Japanese Ministry of Foreign Affairs argues in its website homepage[1] that Tokdo (Takeshima) is Japanese territory whereas the Korean Tokdo Research Institute is rebutting Japan’s argumentations one by one in its website homepage[2]. Korea and Japan are presenting the historic facts as evidence in order to argue their dominium over Tokdo. However, because both parties show a quite different opinion even on the same evidence, it is very difficult for both parties to draw a reasonable conclusion on this matter.
The territory of each state shall be determined according to the international law. However, in case where the international law has no specific provision concerning each territory issue, the territory issue must be resolved by a general legal principle in order to avoid an unnecessary conflict.
Accordingly, I as a lawyer explain why Tokdo is a Korean territory from a legal perspective (especially in terms of contract law, evidence law and ICJ cases).
Keywords
- Tokdo,
- Takeshima
Disciplines
- Law and
- Law and Society
Publication Date
Spring March 17, 2024
Citation Information
Sung-Soo Han. "Dominium over Tokdo (Takeshima) Based on Evidence and ICJ Cases" amazon kindle (2024) Available at: http://works.bepress.com/sung_soo_han/124/