Key Words : territorial sovereignty problems of the Dokdo; the UN convention on the law of the sea; a human habitation or economic life; the legal status of the Dokdo; the legal status of islands and rocks; 주제어 : 독도영유권문제; 유엔해양법협약; 민간거주 또는 독자적 경제생활; 독도의 법적 지위; 섬 및 암석의 법적 지위
영남법학, no.30, pp.445 - 472
The another important problem be connected with the territorial sovereignty problems of Dokdo is about the legal status of Dokdo. As the article 121 of the UN Convention on the Law of the Sea does not define a 'rock' clearly and the meaning of 'cannot sustain human habitation or economic life of their own' has been subject to varied interpretations, there has been controversy over the interpretations of the same Article. That has included the problem of legal status of Dokdo, whether islands or not, of course.
In this situation, there has been proposed frequently to make firm the legal status of Dokdo as islands in Korea, and many coastal states are trying to reinforce the legal status of their islands, internationally.
What a perfect timing to rethink what should we make effort for making firm the legal status of Dokdo as islands which have a jurisdiction of maritime zones like as exclusive economic zone and continental shelf.
On the premise that, this paper deals with the followings. Firstly section ‘Ⅱ’ examines what's the conception of island and rock under the UN Convention on the Law of the Sea. Secondly section ‘Ⅲ’ analyses the legal status of Dokdo under the UN Convention on the Law of the Sea. Thirdly section ‘Ⅳ’ suggests what kind of effort is needed in order to make firm the legal status of Dokdo as islands.
Throughout the examinations and analyses as mentioned above, this paper will present the conclusions as followings.
Considering a changeable international order and maritime order in future,the territorial sovereignty of Dokdo should be exercised more positively.
Accordingly the efforts to firm the legal status of Dokdo as islands were done a multilateral ways. In this process, we must think over some aspects as followings.
① The first is the principle to protect a national interests preferentially.
There are various ways to settle the problem of Dokdo, the most fundamental principle is to give priority to national interests.
② The secod is the principle with a gradual and far-sighted strategy. To settle the problem of Dokdo, we'll prepare all of possible cases under long term plan.
③ The third is the principle to harmonize between the development and the protection of natural environment in the Dokdo.