인권규범의 세계적 확산과 국가 주권 : 전환기정의의 역할을 중심으로

Abstract

A distinctive feature of today’s global international society is that, in addition to upholding principles of sovereign equality and territorial integrity, we have seen an ever-increasing codification of human rights. How can we understand the globalized sovereign order in relation to the emergence and globalization of human rights? This paper examines the nature and development of the international human rights norms in the context of a globalized international sovereign state system. Perennial problem of human rights has been two issues: first, despite human rights being a highly institutionalized and legalized area in world politics, it is also marked by weak enforcement mechanism, and second, the principle of human rights has always been in conflict with the basic organizing principle of world politics, i.e. state sovereignty. However, I argue that both issues are not as perennial as they seem. First, recent historical and empirical scholarship has shown that state sovereignty and human rights are not as dichotomous and incompatible as had been previously thought. Second, the problem of weak enforcement has recently been strongly challenged by an important process of accountability, which is represented by the development of transitional justice.