Eastphalia의 도전

• 영문명: Eastphalia rising: an enquiry into the emergence of an Asian perspective on international law and global governance
• 발행기관: 국제법평론회
• 저자명: 김성원(Sung Won Kim)
• 간행물 정보: 『국제법평론』제29호, 263~275쪽, 전체 13쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2009.04.30

영문 초록

Asia’s emergence has become one of the most significant developments in the post-Cold War international system, and it has drawn attention from scholars and practitioners who study the balance of power in international politics, the process of economic growth and competition, and the acceleration of globalization. Predictions that the 21st century will be the "Asian century" provide food for thought about the implications of Asia’s future role in world affairs. Policy debates and controversies about Asia’s significance now and in the future have many different facets, but they all point to an underlying consensus that, for 21st century international relations, Asia will matter more than the region has ever previously done, and will matter in ways significantly different from how Asia had political importance in earlier historical eras. This thesis explores one aspect of this larger, vibrant phenomenon of Asia’s rise to global prominence-the potential impact of Asia’s political and economic transformation in world affairs on international law and global governance. This thesis argues that the outline of an Asian perspective on international law and global governance can be detected through analysis of aspects of the Asian philosophical tradition, the Asian historical experience, and Asia’s contemporary importance. More specifically, this Asian perspective reflects Asia’s historical exploitation at the hands of Western imperialism, insights and values captured by Asian philosophical traditions, especially Confucianism, and the potential impact that the growth in Asian political, economic, and military power may have on international relations. The first part looks backwards at the experiences of Asian countries with Western imperialism and international law, while second part examines the contemporary features of an Eastphalian approach to international relations and international law. The first part analyzes the Asian worldview prior to the forcible incorporation of Asian into the Westphalian system, the important relationship between international law and concepts of civilization, the system of capitulations and the use of unequal treaties and Third World Approaches to International Law (TWAIL). The second part turns its attention towards contemporary times and works to elucidate the features of an Eastphalian outlook on present-day international relations and international law. The second part explores the "Asian values" debates, which provide an important window into aspects of an Asian perspective on international law and global governance. It also engages in a detailed case study of the Asian perspective on one of the most important and controversial areas of contemporary international law-the international legal rules on the use of force by States. This exploration involves looking at Confucian ideas on the use of force, self-defense, and humanitarian intervention, as well as the policy approaches to the use of force generally taken by Asian States in contemporary international relations. The last paπ of this thesis provides an overview of the major arguments and conclusions in order to clarify the emerging outlines of an Eastphalian perspective on international law and global governance. It describes the main influences informing the Eastphalian perspective, and these influences reflect the importance of Confucian philosophy, the historical experiences of Asian countries, and the relevance of Asian power, especially China power, in the current international system.

목차

Ⅰ. 서론

Ⅱ. 아시아 국제법 고찰을 위한 세 가지 선행 연구

Ⅲ. 아시아가치론의 아시아국제법 등장에 대한 함의

Ⅳ. 무력충돌 관련 국제법규범의 유교적 측면에서의 비판적 고찰

Ⅴ. 결론 : 아시아국제법의 전개방향

〈Abstract〉

키워드

아시아 기치론 불평등조약 문명 기준 제3세계 국제법 유교 글로벌 거버넌스 Asian Values Capitulation system Unequal treaties Standard of civilization TWAIL(Third World Approaches to International Law) Confucianism Global governance Westphalian system