국제법은 언제, 왜 지켜지는가? -준법문제의 경제학적 어프로치와 신용이론에 관한 에세이-

Abstract

The question of international law compliance is, as Dean Harold Koh puts it,

among the most perplexing questions in international relations. The compliance

question inquires into the power of international rules in nations' design of

foreign policy and their conduct of international affairs. The interest in this area

has been broadening in recent years, and we now have an impressive volume of

new scholarly literature on the topic. The compliance question is also closely

related to the theory of international law. Although the political contingency of

international law cannot necessarily negate the legal nature of international rules,

the discipline of international law, in fact, has constantly been subject to the

charge that it is not really law because it cannot be enforced. Parallel to the

increase of attention to the compliance issue, interest in the theory of

international law has also remarkably been renewed in recent years.

These developments, however, have been seen predominantly in North America

and Europe. The surprising silence about these important issues of international

law and relations in East Asia and other parts of the world raises the doubt

whether there might be radically different unknown approaches to the

international norms which are, if any, contingent upon historical and cultural

paths. Can scholarly efforts to address the compliance question, like the

international rules themselves, claim to be universal in their nature? If not, what

would be the different approaches and perspectives?

This article surveys various theoretical propositions in terms of compliance and

normative basis of international law. In particular, it introduces, in great detail,...