국제법학방법의 서설적 고찰

A Review on the Framework for the Understanding of Methods of International Law

Method is problematic in two ways to scholars of international law. First, a scholar of international law needs a method to systemize knowledge of international law. Second, to understand the meaning of texts in which some statements about a method of international law are included, an international law scholar must have some knowledge about the method. For example, if an international law scholar does not have any knowledge about 'Policy Oriented Theory of International Law', he / she cannot understand such proposition as "McDougal's theory will be helpful in explaining the differences of the States' position with regard to a delimitation of maritime boundaries." Therefore, it is inevitable for a student of international law to have basic understanding and knowledge of methods adopted by scholars of international law. Because there are so various kinds of methods of international law, we need a framework through which we can grasp the contents and characteristics of certain method of international law. As such framework, this review suggest that methods of international law must be understood according to the order of their appearance and in relation with general methods of jurisprudence. Moreover, this review emphasizes that methods of international law are necessary to be examined under the perspective on the object of international law which a scholar adopting certain method of international law pursues. To expose the differences among methods of international law, asking questions about most problematic issues of international law would be very useful method. Such issues may include the source of validity of international law, elements of formation of customary international law, state practice constituting an element of customary international law, existence and significance of 'soft-law', peremptory norms of international law, principles of treaty interpretation, legal character of the right of self-determination, function of international judiciary organs in international law, humanitarian intervention, imperialist character of international law, etc.