Pron D. International legal aspects of the territorial dispute over the Kuril Islands

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U100421

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

26-02-2021

Specialized Academic Board

Д 26.236.03

Institute of State and Law. V.M. Koretsky National Academy of Sciences of Ukraine

Essay

The dissertation is devoted to the analysis of the territorial dispute over the Kuril Islands in the relations between Japan, the Soviet Union / Russia as subjects of legal relations from the middle of the XIX century to the present. During the disclosure of the degree of elaboration of the problem, its dominant aspects were identified, which required comprehensive and objective coverage, the sources were qualified and the research methodology was substantiated. The main features of the comparative characteristics of the approaches of the USSR and Japan to the solution of the «Kuril territorial problem» are determined, taking into account their application of different legal motivations and historical-political-geographical arguments. Particular emphasis was placed on the presence of the American legal and political factor in the territorial dispute between Japan and the USSR. A comprehensive analysis of international legal documents, which conferences of the war and postwar period tried to determine the legal status of the disputed Soviet-Japanese territories. The achievements and gaps, mainly of the legal-historical direction, in the study of the topic of territorial disputes in Japanese-Soviet relations are traced. Recommendations for a possible final settlement of the territorial dispute between the Russian Federation and Japan are formulated, based on the existing international legal experience of different countries.

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