• Title/Summary/Keyword: Dokdo issue

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The Legal Definition of Effective Control and Dokdo Issue: International Law as Critical Asset of National Maritime Strategy (독도(獨島)의 실효적(實效的) 지배(支配)와 해양(海洋) 전략자산(戰略資産)으로서의 국제법(國際法))

  • AHN, Han Byul
    • Strategy21
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    • s.38
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    • pp.13-46
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    • 2015
  • Dokdo issue reaches beyond economic and security interest to Koreans, as it is regarded as symbol of her independence. Albeit the fact that Japan has merely no legitimate title over Dokdo, Japan has been tenaciously insisting their jurisdiction over Dokdo since the independence of Korea. Under such circumstances, public outrage towards Japan is most certainly understandable. Yet, mere outrage itself, lacking in logic and factual grounds, can contribute little if not any, to the desirable solution of the problem. Precedents reveal that dealing maritime issues amid lack of profound understanding in international law has often led to undesirable results, such as the inclusion of Dokdo in the Joint Management Fisheries Zone in 1999 Korea-Japan Fisheries Agreement. In a sense, adroit use of international law is a critical element in preserving Korea's sovereign rights against persistent Japanese plans to rob Dokdo once again. The Dokdo issue is inextricably bound to international law; the legal status of Dokdo as island, the equitable solution of maritime boundary delimitation and effective control, existence of dispute. Yet, the public policies and arguments made by pundits are generally in lack of understanding in international law. It is now the time for Korea to commence on long-term cross-academia / department plans to establish Dokdo strategy as part of the nationwide maritime strategy effectively using international law as its stronghold.

A Study on Maritime Claims based on the ICOW Project and Its Implications to the Dokdo Issue (ICOW 데이터를 활용한 해양관할권 분쟁 연구 동향 및 독도 문제에 대한 함의)

  • Han, Jong-Hwan
    • Strategy21
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    • s.45
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    • pp.91-115
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    • 2019
  • When compared to land territorial claims, maritime claims have not attracted as much attention from the public as well as the academia. However, after the ICOW (Issue Correlates of War) data was published and was expanded to include maritime and river claims, there have been many quantitative studies that analyze maritime claims or separate different types of territorial claims to explain various mechanisms over different types of territorial claims. These quantitative studies have provided valuable explanations about the onset and the management of maritime claims. This research tries to review these quantitative research. Most studies about maritime claims, especially regarding the management of claims, analyze maritime claims based on two different levels of factors. First, from the perspective of systemic level, several studies focus on the role of international institutions and systemic level of democracy to explain the management of maritime claims. Second, at the dyadic level, many studies explain how the issue salience, past experience, the presence of resources, joint democracy, and relative power influence the occurrence of peaceful settlement attempts or conflictual behaviors over maritime claims. Based on the review of these literature, this research tries to identify several factors to explain the Dokdo issue and to encourage peaceful settlement attempts over the Dokdo issue.

The Study on the ICJ Jurisdiction about ownership of Dokdo (한.일간 독도영유권에 관한 국제사법재판소의 관할권 연구)

  • Kim, Ho Chun
    • Convergence Security Journal
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    • v.13 no.2
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    • pp.133-141
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    • 2013
  • After Presidential Declaration of Korea's Rights in the Surrounding Seas(Lee, Seung-Man Line), Japanese government objected to the Korean government's Declaration of the Peace Line. Japan didn't agree with Korean's ownership of Dokdo and has tried to develop the Dokdo issue into an international dispute and solved it by resorting the International Court of Justice(ICJ) since 1954. As mentioned before, ICJ doesn'thave the right of compulsory jurisdiction of ownership of Dokdo between Korea and Japan. Therefore, we don'thave to agree with Japan's suggestion of bringing a case to ICJ to solve the Dokdo issue. It is not the best way to maintain the international peace judging by ICJ as well. When Japan try to institute case unilaterally, We should remember that it is possible to give the expanding jurisdiction to the ICJ. It is the best way that solving the dispute of Dokdo is to establish the sovereignty over Dokdo while strengthen the control the Dokdo effectively. In conclusion, no matter how Japan claims ownership of Dokdo, it cannot be subject to negotiation.

Dokdo of Korea, A Chance for Peace and Co-Prosperity A Study Using Perspectives of Public Diplomacy and Negotiation Strategies (Memorial Lesson from fisherman, An Yong-bok as a Supreme Negotiator) (한국의 독도, 평화와 상생의 기회: 공공외교 및 협상 관점의 연구 (탁월한 소시민 협상가, 어부 안용복을 기리며))

  • Mi-ae Hwang
    • Journal of Public Diplomacy
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    • v.2 no.2
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    • pp.27-52
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    • 2022
  • Objectives: The neighboring countries of South Korea and Japan in Northeast Asia have interacted in both positive and negative ways, at times as close partners and other times adversaries, throughout their long and thorny history of extensive dynamics. The controversial dispute over Dokdo is one of the most critical issues evoking harsh tensions and arguments asserting wholly opposite claims. Dokdo is a small island between two coastal states, but significant in terms of territorial, botanical, and marine resources, and thus ownership of the island has become a point of conflict accompanied by a troubled history. But why has Dokdo been a source of conflicts and how should the controversial Dokdo issue be addressed in a way that fosters positive influence and co-prosperity? Methods: This study provides comprehensive and critical insights from a wealth of previous research and strategic suggestions for the Korean government. It utilizes the three perspectives of historical documents and political context, international regulations and legal frames, and public diplomacy. Furthermore, it applies these resources to negotiation theories and strategies to propose reasonable solutions. Results: This study suggests that it is important for Korea and Japan to try to build mutual trust through more active communication and interaction in order to understand each other before attempting to create a formal resolution via negotiation. In addition to these efforts, Korea needs to be ready for the inevitable need to take decisive action in terms of negotiation, using analytic and efficient strategies. The study proposes three solutions: 1) Strong Action Strategy, 2) International Legal Strategy, and 3) Public Diplomacy Strategy. Conclusions: From the perspective of public diplomacy, the Dokdo issue needs to be converted from a symbol of conflicts between Korea and Japan into a symbol of peace and co-prosperity. In addition to promoting a positive relationship between the two states, it can also contribute to the security environment of the Northeast Asian region and global peace.

US-China Hegemony Competition and Gray-Zone Conflict in the Post-Coronavirus Era: Response strategies of the Korean Navy and Coast Guard (포스트 코로나시대 미중 패권경쟁과 회색지대갈등: 한국 해군·해경의 대응전략)

  • Lee, Shin-wha;Pyo, Kwang-min
    • Maritime Security
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    • v.1 no.1
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    • pp.149-173
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    • 2020
  • While the United States and other Western states are in trouble with COVID-19 crisis, China is continuing its aggressive ocean expansion with its Gray-zone strategy. The Gray-zone strategy, which China uses around the South China Sea, refers to a strategy that promotes a change in international politics by creating an unclear state, neither war or peace. China, which is trying to expand its influence across East Asia, will also try to project a Gray zone strategy on the Korean Peninsula. The possible scenarios are as follows: 1) South Korea is accidentally involved in a dispute in the South China Sea, 2) Military conflicts between South Korea and China is caused by illegal fishing of Chinese boats in Yellow Sea, 3) China tries to interfere with Socotra Rock, 4) Unlikely, but possible in the future that China induce the military conflicts between Korea and Japan on the Dokdo issue. In order to cope with these scenarios, Korea should prepare the following measures from a long-term perspective: the creation of an Asian maritime safety fleet, the integ rated operation of the navy and the coast guard in the framework of the national fleet, and strengthening the conflict control system for China's provocations.

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Consideration on a Historical Distortion of Japanese Cartoon : Focusing on works of the Rightists cartoonist Kobayashi Yoshinori and Yamano Syarin (일본만화의 역사왜곡에 대한 고찰)

  • Ko, Gyoung-Il
    • Cartoon and Animation Studies
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    • s.17
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    • pp.21-35
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    • 2009
  • Continuous provocation of Japanese government to a Dokdo issue and Agreement on Fisheries between the Republic of Korea and Japan evokes a rage and resistance to whole nation in South Korea. In view of mass culture, Japanese Rightists cartoonists, Kobayashi Yoshinori and Yamano Syarin show distorted history in their works. Therefore the consideration of the birth of the Japanese right-wing cartoon is needed in historical, social and cultural viewpoints. First, the actual condition and historical background of Japanese Rightist will be showed. Second, a new Japanese history textbook which was written by right-wing organizations and Yasukuni-jinja will be discussed objectively. Finally, the representative of Japanese right-wing cartoons, and by Kobayashi Yoshinori and Yamano Syarin about historical distortion will be analyzed carefully. In this dissertation, through the factual analysis of cartoons, in opposition to a prejudice and distortion about Korean history of Japanese Rightist, cartoonists' precise and academic posture is proposed.

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The Construction Direction of the ROK NAVY for the Protection of Marine Sovereignty (국가의 해양주권 수호를 위한 한국해군의 전력건설 방향)

  • Shin, In-Kyun
    • Strategy21
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    • s.30
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    • pp.99-142
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    • 2012
  • Withe increased North Korea's security threats, the South Korean navy has been faced with deteriorating security environment. While North Korea has increased asymmetric forces in the maritime and underwater with the development of nuclear weapons, and China and Japan have made a large investment in the buildup of naval forces, the power of the Pacific fleet of the US, a key ally is expected to be weakened. The biggest threat comes from China's intervention in case of full-scale war with North Korea, but low-density conflict issues are also serious problems. North Korea has violated the Armistice Agreement 2,660 times since the end of Korean War, among which the number of marine provocations reaches 1,430 times, and the tension over the NLL issue has been intensifying. With tension mounting between Korea and Japan over the Dokdo issue and conflict escalating with China over Ieo do Islet, the US Navy has confronted situation where it cannot fully concentrate on the security of the Korean peninsula, which leads to need for strengthening of South Korea's naval forces. Let's look at naval forces of neighboring countries. North Korea is threatening South Korean navy with its increased asymmetric forces, including submarines. China has achieved the remarkable development of naval forces since the promotion of 3-step plan to strengthen naval power from 1989, and it now retains highly modernized naval forces. Japan makes an investment in the construction of stat of the art warship every year. Since Japan's warship boasts of its advanced performance, Japan's Maritime Self Defense Force is evaluated the second most powerful behind the US Navy on the assumption that submarine power is not included in the naval forces. In this situation, naval power construction of South Korean navy should be done in phases, focusing on the followings; First, military strength to repel the energy warship quickly without any damage in case of battle with North Korea needs to be secured. Second, it is necessary to develop abilities to discourage the use of nuclear weapons of North Korea and attack its nuclear facilities in case of emergency. Third, construction of military power to suppress armed provocations from China and Japan is required. Based on the above naval power construction methods, the direction of power construction is suggested as follows. The sea fleet needs to build up its war potential to defeat the naval forces of North Korea quickly and participate in anti-submarine operations in response to North Korea's provocations. The task fleet should be composed of 3 task flotilla and retain the power to support the sea fleet and suppress the occurrence of maritime disputes with neighboring countries. In addition, it is necessary to expand submarine power, a high value power asset in preparation for establishment of submarine headquarters in 2015, develop anti-submarine helicopter and load SLAM-ER missile onto P-3C patrol aircraft. In case of maine corps, division class military force should be able to conduct landing operations. It takes more than 10 years to construct a new warship. Accordingly, it is necessary to establish plans for naval power construction carefully in consideration of reality and future. For the naval forces to safeguard maritime sovereignty and contribute to national security, the acquisition of a huge budget and buildup of military power is required. In this regard, enhancement of naval power can be achieved only through national, political and military understanding and agreement. It is necessary to let the nation know that modern naval forces with improved weapon system can serve as comprehensive armed forces to secure the command of the sea, perform defense of territory and territorial sky and attack the enemy's strategic facilities and budget inputted in the naval forces is the essential source for early end of the war and minimization of damage to the people. If the naval power construction is not realized, we can be faced with a national disgrace of usurpation of national sovereignty of 100 years ago. Accordingly, the strengthening of naval forces must be realized.

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