국제법상 지리적 근접성의 원칙과 독도

Principle of Geographical Proximity and Dokdo in International Law

Geographical claims have been raised throughout history, however concerning principle of geographical continuity, contiguity or proximity no rules exist not only in customary international law but also in conventional international law. Therefore it is necessary to deduce the rules from the scholars views and International judicial precedents on account of the views and the precedents are recognized as subsidiary means for the determination of rules of law by the provision of Para. 1(d) of Art. 38 of Statute of the International Court of Justice. This study is intended to deduce the rules from the views and the precedents. As a result of the examine on the views and the precedents, following rules are deduced relating to the principle of geographical proximity. (ⅰ) Rule No. 1 : Geographical proximity is an evidence raising some sort of presumption of effective occupation, namely, geographical proximity is little more than technique in application of normal principles of effective occupation : determination of limits of an effective occupation. (ⅱ) Rule No. 2 : Geographical proximity is an evidence raising some sort of presumption of effective occupation, namely, geographical proximity is little more than technique in application of normal principles of effective occupation : determination of limits of an effective occupation. (ⅲ) Rule No. 3 : Geographical proximity will generally carry more weight when the area constitutes an entity, natural unity or organic unit as a whole, territorial sovereignty over principal part of the entity, unity or unit may be deem to extended to all part of the entity, unity or unit, namely the legal position of the principal part is identical with the rest. By application of the rules mentioned-above to Dokdo (ⅰ) It s impossible for Korea to assert the territorial sovereignty over Dokdo belongs to korea on the ground of the proximity between Woolneungdo and Doko. (ⅱ) It is possible for Korea to assert the effective control over Dokdo on the ground of the effective control over Woolneungdo. (ⅲ) It is possible for Korea to assert the territorial sovereignty over Dokdo belongs to Korea on the ground of the fact that Dokdo is a dependancy of Woolneungdo : Woolneungdo and Dokdo constitute a unity as a whole.