국제법상 원칙, 규범, 규칙의 법적 의의

• 영문명: Legal Significance of Principle, Norm and Rule in International Law - Focusing on International Environmental Law -
• 발행기관: 국제법평론회
• 저자명: 서원상(Seo Won Sang)
• 간행물 정보: 『국제법평론』제33호, 33~52쪽, 전체 20쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.04.30

영문 초록

The most general and fundamental moral precept underlying law is principle. For the purposes of this argument, we shall assume that a principle is a moral precept of a general nature that has no definitive factual content but is applicable to many fact situations as a standard upon which to judge possible applications of the law. Principles can be moral, legal, or both. If a principle becomes more widely accepted as a standard of social cooperation and legal decisionmaking, then one can define it as a norm of action. The sociological character of a norm is built upon the normative pedigree of its core principle. A norm might be said to have more concrete or specific content than a principle but must also have a wider acceptance by the community, as the basis for the creation of a valid positive law, and by the institutions, which are called on to apply that law over time. Rules are ground level law, and they are the most concrete stage in the concept hierarchy we have laid out. Rules create specific rights, obligations, and responsibilities that states must respect and fulfill under international law. While a right or obligation may arise from a number of norms based upon an even greater number of principles, the rules sort out the balance and create the law.

목차

Ⅰ. 문제 제기

Ⅱ. 법의 원칙, 규범 그리고 규칙

Ⅲ. 일반국제법상 원칙의 지위

Ⅳ. 국제환경법 일반원칙의 법적 지위

Ⅴ. 결론

〈Abstract〉

키워드

원칙 규범 규칙 국제환경법원칙 소프트 로 principle norm rule principles of international environmental law soft law