東北아시아에서의 島嶼紛爭에 關한 硏究 = 獨島 領有權 紛爭을 中心으로

Abstract

United Nations Convention on the Law of the Sea had been concluded in 1982 through a long session, and by many times of argument, and entered into force in November, 1994. United Nations Convention on the Law of the Sea that 157 States put an agreement under their signature, 138 nations ratified up to now February, 2002 was arranged as The Magna Carta of the sea.

United Nations Convention on the Law of the Sea has an object to settle dispute between subjects of International law, or to settle dispute that has already occurred between subjects of International law in an amicable way. In the northeastern Asia, United Nations Convention on the Law of the Sea did not achieved it's object, but produced "a quite contrary result". Because United Nations Convention on the Law of the Sea regulates the exclusive right of the coastal State positively, and the coastal States are anxious to expand the bounds of the sea that they can govern like land.

This phenomenon is detected obviously at the dispute of islands. In the northeastern Asia, Korea, Japan, China(Taiwan), and Russia are pitted against each other for its interest on the other side of the sea. They recognize the importance of the sea, so it leaves some room to dispute.

In the northeastern Asia, there are 3 disputes of islands. Russia and Japan are pitted against each other about the islands of the southern Kuril Islands, and the confrontation of small island adjacent Taiwan is going on.

Firstly, dispute about "Northern Territories(Japan designated)" between Russia and Japan. Secondly, dispute about "Senkaku Islands(Japan designated)" between China, or Taiwan, and Japan.

The third, the last, one is the dispute about "Tokdo" that the antagonism is going on.

When I study about dispute about "Tokdo", first of all, I arrange two aspects of dispute about "Tokdo".

The Northen Territories is occupied by Russia, but there is stronger will of Japan about the Northern Territories than will of Japan about other disputing region, so there is substantial negotiation using economic support as intermediation at the northern territory. In 1991, since The Soviet Union broke down, both Russia and Japan cleared hostile relation, and built companion relation under the end of the Cold War, furthermore they made diplomatic effort to settle dispute about territory.

Specially, with collapse of The Soviet Union, New force of Reformation in Russia that got faced with total crisis established a principle that they return four islands of Kuril Islands by stages on condition of economic support in a big way. Also, Japan that concluded that they could recover the northern territory, because the Yeltsin adminstration needed economic support of Japan after the end of the Cold War, so Japan concentrated on negotiation about the northern territory on condition of economic support. As a result, both Russia and Japan reached conclusion with adopting the joint declaration

There are some importances that China can't concede Senkaku Islands. Firstly, in the southern sea of China, any concession can't be expected, because the southern sea of China is related other dispute of island, secondly, existence of petroleum is clarified at the coast, therefore China is expected that it shows the effectiveness of armaments to consolidate the effectiveness against this waters, or that it tries substantial exploration to make foundation of possession.

Against this, Japan is evading positively the phenomena that lead the result that can magnify or deepen character of dispute to maintain substantial control. Senkaku Islands are certainly belongs to Japan, therefore what is useless to debate about Senkaku Islands are Japan's standpoint.

Japan's will looks passive against "Tokdo" as compared to Japan's will about the northern territory and standpoint of Senkaku Islands, but it is very positive as compared to position of Korea. As compared to the government of Korea that insists "no dispute" about "Takesima(Japan designated)"-like Japan that insists "no dispute" about dispute about Senkaku Islands-, the government of Japan stresses that there is a dispute by formal announcement of the government of Japan with presenting wrongfulness about the occupation of "Tokdo" of Korea.

Japan is the nation that adopts expansive policy of the sea, with establishing exclusive economic zone, continental shelf, or straight baseline for its interest from the island that doesn't satisfy essential condition for island. With considering these factors, against dispute about island, Japan is expected that it doesn't concentrate on triumph on one place, but it aims at overall triumph.

There is no guarantee not to apply the method of Japan that lead advantageous situation of Japan by progress of negotiation through economic intermediation, or by manipulation of public opinion of circumference for "Tokdo", therefore Korea has to prepare certain foundation about assertion of dominium of "Tokdo", with dismissing disregarding, and avoiding position about phenomenon.