UNIFICATION OF KOREA UNDER THE INITIATIVE OF KOREA -BY EXERCISING THE RIGHT OF PEOPLES TO SELF-DETERMINATION -

Due to simultaneous entry to the United Nations and individual actions in international society, the problems caused by legal status of South and North Korea have been complicated. Accordingly, South and North Korea is recognized as a different country. However, according to the international law and even their own treaty, the relation between South and North is defined as “the special relationship between two sides”. Therefore, under these legal bases, Korea can argue its rights of self-determination under the initiatives of Korea when North Korea is in sudden changes or contingency.

Originally, the definition of self-determination was just a mere political or moral principle. But via the charter and resolution of the United Nations, its legal status was strengthened and further it is noticed as an Erga Omnes principle. Even though the subject of self-determination mentioned in the UN resolution “people” is defined ambiguously, it is clear that people of Korea as a whole does fit to the definition under the share of historical identity and territorial connectivity, language connectivity and the UN resolution.

‘Peoples of Korea” should practice the right of internal and external self-determination through three stages: the preparatory stage, the intermediate stage and the final stage. In the preparatory stage, Korea should argue for its leadership over discussion and process of unification by self-determination as a whole of Korea. In intermediate stage, if the sudden changes happen in North Korean region, the right of self-determination can be used for South Korean government to justify jurisdiction over North Korean territory. In the final stage, internal self-determination is exercised for the detailed process of unification as the norm.

However, there are several limitations.