This Note analyzes Japan's and the Republic of Korea’s competing claims to Liancourt in light of traditional public international law, specifically the 1982 Convention and customary law found in past decisions by the International Court of Justice (“ICJ”) and arbitral bodies (collectively “international adjudicatory bodies”). Part I of this Note provides not only a brief historical overview on Japanese-Korean relations, but also a detailed review of relevant public international law. It outlines important provisions of the 1982 Convention, discusses widely-recognized means of territorial acquisition, and summarizes relevant decisions of international adjudicatory bodies. Part II examines each country's claim to Liancourt. The third and final part argues that according to current public international law, the Republic of Korea establishes a superior claim to Liancourt than does Japan. Accordingly, this Note concludes that the Republic of Korea should become Liancourt's sovereign.
Benjamin K. Sibbett,
Tokdo or Takeshima? The Territorial Dispute Between Japan and the Republic of Korea,
21 Fordham Int'l L.J. 1606
Available at: http://ir.lawnet.fordham.edu/ilj/vol21/iss4/9