조선 초기 국제관계법제에 관한 연구

A Study on Legal System of lnternational Relation in Early Years of Joseon Dynasty - On Comparative Point of View with Europe -

International law is created and developed by west European states and the Powers. The Powers, as aggressors in history, compelled other states of the world to accept their international law. But I am anxious to know whether it has been international legal system of derived from the customs and traditions of East Asia, Joseon dynasty included. To discover vestiges of international law in Joseon dynasty and East Asia, this article focuses on following topics. The first is a concept of modern international law and sovereignty established by the Peace of Westphalia. The second is international practices and laws of Europe in 15-16C when modern international law system did not exist. The Third is international practices and laws of East Asia and Joseon dynasty in 15-16C. Finally, this article compares international law of East Asia with Europe. International law is based on equality of sovereign states. East Asian ‘Toadyism’ means non-equable relation among states. Therefore, a great number of scholar indefinite traditional law of nations in East Asia. But we need to reconsider conception of Toadyism. Toadyism was a Confucian culture and philosophy widespread in East Asia. Joseon dynasty was a Confucian state, and selected Toadyism by a sovereign decision. So relations of East Asian states are relations of sovereign states. Joseon dynasty had many international laws and practices such as sovereignty, recognition of state or government, tariff, international trade system, ambassador, territory, etc.