Dokdo/Takeshima and Maritime Delimitation Between the Republic of Korea and Japan: A Comment on ICJ Dispute Resolution

Abstract

The Republic of Korea (Korea) should agree to submit the issue of sovereignty over Dokdo/Takeshima and the issue of maritime delimitation in the East Sea/Sea of Japan to the International Court of Justice (ICJ) because the ICJ is likely to decide that Dokdo/Takeshima is Korean territory and the tensions in the East Sea/Sea of Japan can be resolved to allow further cooperation between the two nations. The ICJ is the primary avenue for peacefully resolving territorial and maritime delimitation disputes between nations, and the ICJ has developed a substantial body of case law analyzing these issues. The ICJ considers various means of acquiring title to determine sovereignty disputes and draws on either customary international law or, if the parties are both signatories, the United Nations Convention on the Law of the Sea (UNCLOS) to resolve these issues. Since both Korea and Japan are parties to UNCLOS, the ICJ is especially equipped to apply that body of law to the dispute