間島 歸屬과 관련한 몇 가지 국제법적 문제에 대한 管見 (Some International Law Issues concerning the Territorial Title of Kando)

서지정보

· 발행기관 : 중앙법학회
· 수록지 정보 : 중앙법학 / 10권 / 2호 / 367 ~ 398페이지
· 저자명 : 이성덕

초록

This paper reviews the historical and international law aspects of the territorial title of Kando(間島). The main topics considered in the paper are: (i) the historical developments concerning the title of Kando; (ii) the legal nature of the stone tablet(定界碑) established by Mùkèdēng(Mok Keuk Deung,穆克登); (iii) the meaning of To Mun(土門) inscribed in the stone tablet; (iii) the right of self-determination of peoples as a possible source of the territorial title of Kando; (iv) the possibility of succession of the boundary agreement concluded by PRC and DPRK in case of merger of ROK and DPRK or acquisition of DPRK by ROK.
Presumably, when Qīng and Chosun established the stone tablet on the Mt. Paikdoo(白頭山) which inscribed the problematic text “西爲鴨綠 東爲土門(Xī Wéi Yā Lu Dōng Wéi Tǔ Mén: Seo Wi Ap Rok Dong Wi To Mun)”, both countries considered 土門(Tǔ Mén; To Mun) as 豆滿(Dou Mǎn; Doo Man). Considering the diplomatic relations between Qīng and Chosun based on the principle of intertemporal law, it would not be possible for Chosun to conclude treaties with Qīng. Thus the text inscribed on the stone tablet may not be considered a boundary treaty in the modern international law sense. The right of self-determination of peoples living in the area may affect the attribution of the territorial title. The Chinese international lawyers also recognize that the right of self-determination may be a source of acquiring territorial title. The boundary agreement concluded between PRC and DPRK may be succeeded to the possible State who succeeds ROK and DPRK. If the successor State do not want to accept the result of boundary delimitation agreed upon by PRC and DPRK, it shall figure out a legal theory which invalidates the boundary agreement concluded by PRC and DPRK.

영어초록

This paper reviews the historical and international law aspects of the territorial title of Kando(間島). The main topics considered in the paper are: (i) the historical developments concerning the title of Kando; (ii) the legal nature of the stone tablet(定界碑) established by Mùkèdēng(Mok Keuk Deung,穆克登); (iii) the meaning of To Mun(土門) inscribed in the stone tablet; (iii) the right of self-determination of peoples as a possible source of the territorial title of Kando; (iv) the possibility of succession of the boundary agreement concluded by PRC and DPRK in case of merger of ROK and DPRK or acquisition of DPRK by ROK.
Presumably, when Qīng and Chosun established the stone tablet on the Mt. Paikdoo(白頭山) which inscribed the problematic text “西爲鴨綠 東爲土門(Xī Wéi Yā Lu Dōng Wéi Tǔ Mén: Seo Wi Ap Rok Dong Wi To Mun)”, both countries considered 土門(Tǔ Mén; To Mun) as 豆滿(Dou Mǎn; Doo Man). Considering the diplomatic relations between Qīng and Chosun based on the principle of intertemporal law, it would not be possible for Chosun to conclude treaties with Qīng. Thus the text inscribed on the stone tablet may not be considered a boundary treaty in the modern international law sense. The right of self-determination of peoples living in the area may affect the attribution of the territorial title. The Chinese international lawyers also recognize that the right of self-determination may be a source of acquiring territorial title. The boundary agreement concluded between PRC and DPRK may be succeeded to the possible State who succeeds ROK and DPRK. If the successor State do not want to accept the result of boundary delimitation agreed upon by PRC and DPRK, it shall figure out a legal theory which invalidates the boundary agreement concluded by PRC and DPRK.

참고자료

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