국제법상 역사적 권리 주장에 대한 소고

A Study on the Claim of Historical Rights under International Law with Special Reference to the Limitation of the Cartographic History of the South China Sea

In the recent South China Sea Arbitration case, the expression of historical rights based on a map drawn by China as the nine-dash line began to draw attention. In this arbitration case, China s claims of historical rights were not accepted and were summarized as being replaced when China joined the United Nations Convention on the Law of the Sea(UNCLOS). However, it is questionable whether historical rights can be recognized based on maps made in the 1930s. The South China Sea was confirmed by the West in the Age of Exploration and the Age of Imperialism and can be said to be the result of a Eurocentric naming method. It is problematic to take this as an evidence of historical rights. Rather, it is necessary to consider what historical rights are in international law. Although UNCLOS does not specify historical rights, it cannot be regarded as denying the jurisprudence itself, and there is room for exception. In particular, in the case of territorial acquisition based on historical rights, occupation, acquisition by prescription, and original title can be some issues. In addition, it is a question of what requirements must be established for historical rights to be recognized. It is questionable whether it can be said to be consolidated by the acquiescence of neighboring countries. There is a lack of research on these questions, and this study intends to provide a basic reference point.