Legal and Political Aspects of the Dokdo Issue: Interrelationship between International Law and International Relations

Abstract

Dokdo is a group of islets located roughly midway between the Korean peninsula and the Japanese Archipelago, at 37°14′26.8″N and 131°51′10.4″E. It consists of two main islands, Dongdo (East Island) and Seodo (West Island), around which 89 smaller rocks are scattered. Dokdo is obviously part of Korean territory whether from a historical point of view or under international law. So there is no territorial dispute over Dokdo from the Korean perspective. However, it is difficult to deny that Dokdo is currently perceived by the international community as a territory under dispute between Korea and Japan. In fact, the two countries shelved delicate issues on maritime boundary delimitation around Dokdo, establishing an intermediate zone in the overlapping areas in the East Sea by concluding a bilateral fisheries agreement in 1999. This shows that there actually exists a kind of territorial dispute over Dokdo. Besides, as there exist great differences of opinion on the issue between Korea and Japan, the propriety of the territorial dispute over Dokdo does not look to be clarified in the near future. Also, it is a formidable task to settle territorial disputes as well as to delimit maritime boundaries around a disputed island equitably within a short period of time. Therefore, it would be worth recalling the fundamental meaning of real settlement of territorial disputes or completion of maritime boundary delimitation. Taking into account the two countries’ conflicting views on the Dokdo issue, this article examines several issues, including legal and political arguments on the issue, effective occupation as a means of acquisition of territory, relevant cases on disputes over islands, and possible solutions as concluding remarks.