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나홍주 명지대학교 대학원 1999 대학원논문집 Vol.3 No.-
In the Special Agreement concluded on December 29th, 1959, between the Government of the French Republic and the Government of the United Kingdom concernning the Minquiers and Ecrehos case, the court was requested to determine whether the sovereighty over the Islets and rocks respectively belong to the United Kingdom or the French Republic. French government stressed the fact that she has an original title to the Islets and rocks of the Minquiers and Ecrehos, While the U.K. government stressed a continuous display of sovereignty and long continued effective possession alone over the Islets. The cause of the dispute on the sovereignty originated in the historical conquest of the England by Duke William Ⅱ of Normandy in the year A.D.1066 to become King William Ⅰ of England. At the very beginning of the 13th century, immediately before the division of Normandy, the Ecrehos and the Minquiers formed a part of the Duchy and were subject to its Duke. The King of England, as such, did not then possess any rights there: The Duke of Normandy's conquest of England in 1066 and his acquisition of the title of King of England can not have conferred upon the King of England, as such, any title to the possessions of the Duke of Normandy. The two crowns, one royal, the other ducal, were vested in the same person, but legally they remained distinct. The King of France at the time was the suzerain of the Duke of Normandy immediately before the division of Normandy. By the conquest, England became united with the Duchy of Normandy, including the Channel Islands and this union lasted until 1204 when King Philip Augustus of France drove the Anglo-Norman forces out of Continental Normandy, dismembering the Duchy by the Judgment of 1202, the forfeiture which resulted from it. The Court examined evidence relating to sovereignty over the two islets - Fief of Echrehos held to the King of England: evidence from medieval documents, jurisdiction over Minquiers exercised by Jersey in the 17th century, and exercise of jurisdiction and local administration by Jersey in relation to the two Islets (Absence of valid title on the part of France) finds on Nov. 17th, 1963 that the sovereignty over the Islets and rocks of the Ecrehos and Minquiers groups belongs to the United Kingdom. As shown in the aforesaid, the territorial dispute originated in the two crowns which were vested in the same person, William the conqueror who united the Duchy of Normandy with England. before the division of Normandy. On the other hand, current territorial issue over Korean Dokdo Islets originated in Japanese illegal seizure of the Islets during the Russo-Japanese War in 1905. We must not overlook the stark difference between the Minquiers and Ecrehos case, and the Dokdo issue. The Dokdo Islets have been a part of Korean territory historically legally, and practically since the Wusankuk country was subjugated to Korean Kingdom by Commander Yi Sa Bu in A.D.512 and have never been under jurisdiction of two crowns. Futhermore, Korean sovereignty over the Dokdo Islets have been bolstered by SCAPIN No. 677, No. 1033 and the Treaty of Peace with Japan, San-Francisco, 8 September 1951(Article 2(a) and Article 19(d)) after the World War Ⅱ. The court would not had to study the medieval documents and treaties between the two countries in search of evidence relating to sovereignty if there were something like Posdam Declaration and Surrender Terms and SCAPINs No. 677 and 1033 as in the case of Dokdo issue.
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나홍주 명지대학교 대학원 1998 대학원논문집 Vol.2 No.-
The Dokdo Islets belong to the territory of the Republic of Korea. There are seven Korean residents(three fishermen and their dependents) who have registered their address with the islets in accordance with relevant law. Several dozen men of Korean Maritime Police Force Unit have staioned since December 2. 1956 at the islets. A lighthouse, a heliport, a pier and a three storey residence building on the Islets are all the constructions built by the Korean government. The Dokdo Islets have been the Korean territory since the year A.D. 512 in which Korean General Yi Sah Buh subjugated the Usankuk country consisting of Ulleng island and Dokdo Islets at the time. The Dokdo Islets have been under effective occupation by the Korean peoples. Korean government has made the peaccful and continuous display of state authority except a certain period of time starting from the year 1894 in which Japnese military forces illegally invaded into the land of Korea by violence and greed, and occupied it to the end of World WarⅡ on August 15, 1945. In WWⅡ the Three Great Allies, the United States, China and the Great Britain issued a statement of December 1, 1943 after the First Cairo conference. In the statement, the Great Allies expressed that they "are fighting the War to restrain and punish the aggression of Japan... Japan will also be expelled from all other territories which she has taken by violence and greed." Based upon the aforesaid principles of the Allied Powers and the Proclamation defining Terms for Japanese Surrender, Potsdam. Jury 25, 1945(Potsdam Deelaration) and the terms of the Japanese Instrument of Surrender, signed at Tokyo Bay on September 2, 1945, the Basic Initial Post-surrender Directive to the Supreme Commander for the Allied Powers for the Occupation and Control of Japan was issued on November 3, 1945 by the Allied Powers. In accordance with the sub-paragragph(d). 4. The Establishment of Military Authorty over Japan of the aforesaid Directive, the Supreme Commander for the Allied Powers issued SCAPIN No. 677 on January 29, 1946, by which the Dokdo Islets(Liancourt Rocks) were excluded from the definition of Japan. In short, the Korean original title to the Dokdo Islets was recognized by the Allied Powers at the time and the Islets taker by Japanese violence and greed was returned back to Korea, the original owner, by the Allied Powers. A few Japanese, mostly fishermen and ultra rightists, often cry out "Dokdo Islets (Takeshima in Japnaness) are a Japnaese land" disregarding the provision of the SCAPIN No. 677 and the Korean original title. The Japanese government made a proposal to the Korean government to refer the so called "The Dokdo issue" to the decision of the International Court of Justice (ICJ) on September 25, 1954, but in vain. From the Korean perspective, there was no territorial dispute over the Dokdo Islets between the Republic of Korea and Japan. Any Japanese claim over the Islets(which has no ground in international law) and suggestions to take the issue to ICJ may shroud in secrecy some clandestine aim to invalidate the SCAPIN No. 677 by which the Dokdo Islets were excluded from Japan by the Allied Powers after the World War Ⅱ. It is the time for all the Koreans to maintain espirit de corps in defending the sacred soil of our fatherland aginst any foreign attempts to occupy them again.
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