일본의 이중적 영토전략에 대한 국제법적 문제점 및 해결방안

Abstract

Disputes are now under progress at East-asia, which include Tokdo dominated practically by R.O.K, Senkaku islands dominated practically by japan and kulil islands which is under disputing between Russia and Japan. Japan is related with this all, but they have ambiguous standard in their insistence about the disputing area.

Japan is progressing their dual territorial strategies by using dual standard to the disputing area. They are firming their practical domination to the territories that are originally other's and insist their original right about the territories which are now under control of other countries.

This study points out these problems of japan and suggests not only solutions through accurate analysis to make R.O.K, Japan, China and Russia resolve these problems wisely and fairly but also indicates how to react to the continuous provocation of Japan.

The solutions to overcome each dispute are as follows

- In case of senkaku islands, sovereignty might be a main obstacle to solve a dispute but if a negotiation of resources in the bottom of the sea is preceded, sovereignty seems to be cleared through a continuous compromise.

- In the event of kulil islands, Russia and japan should overcome this dispute by continuous negotiations and compromise based on the improvement of relationship between them.

- About Tokdo, study and establishing an plan to make solid practical domination will be the key to resolve the problem.

In the problem of Tokdo, Government has taken up the passive position about the provocation of Japan. From now, however, we should admit that there is a dispute between Japan and Korea. And we should not only bring into relief that this dispute is derived from the mistake of the past invasion but also cope with their unreasonable insistence actively and persuade them.

Recognition that Japan is the country that is participating all disputes around East-asia is absolutely necessary to develop the countermeasures. Consequently, to understand the dispute of Tokdo more precisely, approaching through the disputes which Japan is included in is more dimensional and it is strongly needed to study overall plan for the future.