Legal Issues Related to Sovereignty over Dokdo and Its Maritime Boundary

Author: Van Dyke, Jon

Source: Ocean Development and International Law, Volume 38, Numbers 1-2, January 2007 , pp. 157-224(68)

Publisher: Taylor and Francis Ltd

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Abstract:

This article examines the historical events relevant to the claims of sovereignty by Japan and Korea over Dokdo, the legal doctrines that have been applied by international tribunals to other disputes over remote and uninhabited territories, and the principles governing maritime boundary delimitation that are relevant to the ocean space around Dokdo. The applicable decisions of the International Court of Justice and other tribunals are examined in detail. Among the topics addressed are the methods of acquiring sovereignty over territory, the relevance of contiguity to such claims, the requirements of effective protests, and the activities and omissions that constitute acquiescence. Attention is also given to the status of this matter as a "dispute" and how closure might be brought to it.

Keywords: Dokdo; Japan; Korea; islands

Document Type: Research Article

DOI: http://dx.doi.org/10.1080/00908320601071504

Affiliations: William S. Richardson School of Law, University of Hawaii at Manoa Honolulu, Hawaii, USA

Publication date: January 1, 2007

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