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Some Legal Aspects Of Territorial Disputes Over Islands

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Chapter Summary

This chapter discusses a continuing dispute between Korea and Japan. It begins with a sincere apology to the Koreans for the Japanese colonial rule. In the Case of the Mavrommatis Palestine Concessions, the Permanent Court of International Justice (P.C.I.J.) stated as follows: "dispute is a disagreement on a point of law or fact, a conflict of legal views or of interests between two persons. The Arbitrator confirmed that no dispute on the matter had arisen until General Wood visited the Palmas Island in 1906. Applying the standards of this case, it can be concluded that a dispute between Japan and Korea arose in 1952. The Manila Declaration on the Peaceful Settlement of International Disputes affirms that every state shall settle its international disputes exclusively by peaceful means.

Keywords: Arbitrator; international disputes; Japan; Korea; Manila Declaration; Mavrommatis Palestine Concessions; P.C.I.J.; Palmas Island



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