Recent Trends in Korean Scholarly Research on Territorial Title in the Judgments of the International Court of Justice: Treaties, Uti Possidetis Juris, Effectivités, and Critical Date

To draw conclusions and implications for territorial issues, this study presents the findings and research of Korean scholars on the principles of territorial title examined in ICJ cases. They analyze the hierarchy among treaties, uti possidetis juris , and effectivités in addressing territorial matters, with a particular focus on how these principles operate in practice. The research on territorial issues in Korea tends to focus on identifying international legal principles to resolve territorial issues in the absence or uncertainty of existing treaties. There is a particular emphasis on studying how the principle of uti possidetis juris and effectivités apply. The research also clarifies that the critical date is not a fundamental element in territorial matters and does not always serve as an absolute standard. Furthermore, the study of territorial title is not limited to substantive law but extends to procedural aspects, particularly regarding the probative value of evidence in legal proceedings.