글로벌 거버넌스와 국제법

Abstract

Despite the increasing popularity of the concept of global governance, (which recognizes the existence of various subjects and the importance of institutions and processes which affects the behaviors of those subjects), this has not been the case in the field of international law in Korea. The main reason for this can be found in the fact that international law mainly focuses on the dominant role of sovereign states in international affairs, and that it relies on the approach of positivism which focuses on so-called "finding existing law," not making the law. At this time, existing theories not only in international law but also in other fields such as international relations may not provide a solution. However, we need to find a way to incorporate the concept of global governance into the framework partly by restructuring the concept of the sovereignty, by emphasizing the role of international law in the process of institution building and by considering the utility of the fragmented approach of international law according to different issue areas.