국제법학방법으로서의 ‘국제법에 대한 제3세계의 접근'

• 영문명: TWAIL as a Method of International Law
• 발행기관: 국제법평론회
• 저자명: 박배근(Park, Pae Keun)
• 간행물 정보: 『국제법평론』제42호, 45~67쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.10.31

영문 초록

As a keynote speech an Academic Conference held under the subject of "Three World and International Law", this essay tries to make an expository description of the TWAIL(Third World Approaches to International Law) postulating it as a method of international law. The first matter to be made clear for such a description is "what the third world is". The words "third world" are used in different meaning in different contexts. However, for the TWAIL as a method of international law, what is important is not the "existence of unproblematic monolithic category" but the "existence of a group of states and populations" which deem themselves as third world, as professor Okafor emphasizes. According to the time when it appeared, TWAIL is classified as TWAIL I and TWAIL II. TWAIL I appeared in the circumstances of decolonization. In that sense, the Bandung Conference in 1955 is called as the birth place of the TWAIL I. TWAIL II is said to have originated from meeting of graduate students at the Harvard Law School in 1996. Therefore, TWAIL II is 40 years later than TWAIL I. At that time, European colonialism seem to have disappeared from international society. Nonetheless, as a matter of fact, it maintained its life as neo-colonialism. The TWAIL II wanted to expose and criticize this (neo-)colonialism deeply rooted in international law. In the next part of the expository description, main assertions of the TWAIL I and TWAIL II are introduced. TWAIL's relation with other methods of international law and methods of law is reviewed also. It is explained that among many methods of international law TWAIL especially criticizes and objects to the 19th century legal positivism and its successors. The fact that the TWAIL borrows much from methods of law such as history of law, Marxist theory of law, and economic analysis of law is mentioned. The influence of structuralism and post modernism on the TWAIL and the commonality among the TWAIL and Critical Legal Studies, New Approaches to International Law, Critical Race Theory and LatCrit(Latina and Latino Critical Legal Theory) are also pointed out.

목차

Ⅰ. 머리말

Ⅱ. ʻ제3세계ʼ의 개념

Ⅲ. 제3세계 국제법론의 등장시기와 상황

Ⅳ. 제3세계 국제법론의 국제법관

Ⅴ. 제3세계 국제법론의 방법적

Ⅵ. 국제법과 국제법학의 목적과 임무

Ⅶ. 맺음말

키워드

Third World, Method of International Law Colonialism Civilizing Mission New International Economic Order Critical Legal Studies