The Changing Structure and Paradigm Shift in International Law

서지정보

· 발행기관 : 대한국제법학회
· 수록지 정보 : 국제법학회논총 / 63권 / 4호 / 25 ~ 56페이지
· 저자명 : 김부찬

초록

International society and international law have constantly evolved and have undergone vital changes from their inception. The evolution of international law responds to changing conditions and needs in international society. Therefore the structure of international law has changed in order to respond to changing structure of international society. From the beginning up to now, international society has been transformed into international community as a whole which is consisted of not only states but also diverse non-state entities including individuals.
Nowadays, states and non-state entities such as IGOs, NGOs and individuals are expected to move to active collaboration and cooperation on the global basis. We know that the once homogeneous community of states, whose sovereignty lay at the very heart of the system, has given way to a much wider community of diverse actors and interests. In the legal perspective, international community means an international legal community. It is evident that international law has performed crucial role in the formation and evolution of international legal community.
In this paper, to review the changing structure and paradigm shift in international law, some problematic issues such as reconceptualization of sovereignty, the international rule of law, the humanization of international law, the constitutionalisation of international law, and strengthening of global governance, are selected and examined in general. It is admitted that the new paradigm of international law such as community-based approach or human-centred paradigm is needed for international legal scholarship to explain the changing structure of international law and promote the newly needed community interests and values in the international legal system.
It is admitted that the need and justification for paradigm shift lies in that we are no longer justified or satisfied in explaining the structures and theories of international law in view of older traditional paradigm based on Westphalian system. Indeed, there have been persistent competitions between the older paradigm and the newer paradigm. As of now, the shift from the older paradigm to the newer paradigm is not at all full-fledged, so the successful process of paradigm shift in international law remains to be seen.
Therefore, it is urgent for the international legal scholars to reform the structure of international law and develop new paradigm in international law in order to respond to the need of the international community

참고자료

· 없음