창조된 역사,웨스트팔리아조약의 함의에 대한 비판적 고찰

• 영문명: A Crafted History, A Critical Review on the Implication of the Treaty of Westphalia
• 발행기관: 국제법평론회
• 저자명: 김성원(Kim Sung Won)
• 간행물 정보: 『국제법평론』제44호, 1~40쪽, 전체 40쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2016.06.30

영문 초록

International law scholars would not have any difficulty to agree with the notion that the very birth of international system composed of states would be traced back to the conclusion of the Treaty of Westphalia. Also, if international law scholars would be asked to pick up one event that could not be perishable forever, the answer to this would be going to the peace of Westphalia. Put it differently, the term ‘Westphalia’ could be regarded as the starting point of international law and the turning point of international system. Generally, the Treaty of Westphalia is understood as revolutionary historical records which witnessed the collapse of the universal spiritual actor (the Holy Roman Empire) and the rise of individual secular actor (Sovereign States). The argument that the medieval feudal system of world was vaporized and modern state system of world was emerged at the moment of conclusion of the Treaty of Westphalia would be accepted as the inexorable truth among scholars of international law and international relations. Through heuristic reproduction, the story of the Westphalian aftermath would acquire the status of the myth, which should not be challenged or modified among the fields of international law and international relations. Is it true about above mentioned adoration of the Westphalian myth? What if real things carved in the Treaty of Westphalia would not be identical to the common understanding of the Westphalian myth? If this could be, what would be the milestone event for the creation of international system operated by sovereign states? This could require us to make the painstaking effort to explore the deepest abyss of historical records touching on the notion of state sovereignty and international system. Recently, the painstaking effort has been made in the support of revisionist approach to the Treaty of Westphalia generally backed up by historians and some of international relations scholars. Their revelation of crude nature of the Treaty of Westphalia could be powerful weapons for destroying the ghost of the Westphalian myth. Despite historical truth about the Treaty of Westphalia which could not be compatible with the Westphalian myth, international law and international relations scholars would still take a stubborn position to the real images of the Treaty of Westphalia. Reasons for this would be found at the various sources. However, the main reason for that could be found at the unstinting effort of international law and international relations scholar: No matter what, the Treaty of Westphalia could be remembered as the very origin of sovereign states and international system. This effort undoubtedly makes a huge contribution to keep the Westphalia myth be survived. The challenges to the Westphalian myth should not be understood as the total negation of the Westphalian Treaty’s historical values. Without doubt, the Treaty of Westphalia did make a substantial and material contribution to the creation of international system composed of sovereign states. However, acknowledging the value of the Westphalian Treaty is one thing, the search for the real contents of the Westphalian Treaty is another thing. With the help of authentic interpretation of the Treaty of Westphalia, the future of international law addressing with the activities of sovereign states could be prospected in the relevant and desirable way. What is definitely needed is not the adoration of the Treaty of Westphalia as the turning point of international relations history. What is definitely needed is the dramatic change turning attitudes of international law and international relations scholars toward the Treaty of the Westphalia.

목차

Ⅰ. 서 론

Ⅱ. 30년전쟁 약사(略史)

1. 중세 유럽의 정치 구조: 수직적 및 수평적 갈등 관계

2. 교황과 황제 권한의 점진적 약화 및 개별 국가의 정치적 중요성 부상

3. 종교적-정치적 갈등의 심화 및 30년전쟁의 발발

Ⅲ. 웨스트팔리아조약의 주요 내용

1. 종교적 쟁점

2. 영토적 쟁점

3. 조약체결권한 관련 쟁점

Ⅳ. 웨스트팔리아조약의 전통적 견해에 대한 비판적 분석

1. 웨스트팔리아조약의 함의에대한 전통적 견해

2. 웨스트팔리아조약의 전통적 견해에 대한 비판적 도전

3. 역사적 사실로서 웨스트팔리아조약 대 창조된 역사로서 웨스트팔리아 신화

4. 웨스트팔리아 신화의 함의에 대한 비판적 검토

Ⅴ. 결 론

키워드

30년전쟁 국가주권 국제체제 웨스트팔리아조약 웨스트팔리아 신화 Thirty Years’ War Sovereignty of States International System Treaty of Westphalia Westphalian Myth