국제사법기구에 관한 국제관계학 접근의 장단점 고찰

Abstract

A research on international judicial institutions constitutes an integral part of the study of international law. As a peaceful settlement mechanism to international disputes, the judicial settlement system contributes to the maintenance of international peace and security. Considering that the reason for the existence of international law is the maintenance of international peace and security, research concerning various aspects of international judicial institutions could be regarded as an important area with regard to the international legal research areas. In terms of international law, research on international judicial institutions has mainly focused on the interpretation of the judgments of international judicial institutions. In other words, interpreting the meaning of international law principles and norms argued by litigants in international adjudication and clarifying the exact meaning of international law is the main interest from the field of international law on international judicial institutions. On the other hand, international relations deals with various issues related to international judicial institutions. In other words, the scope of issues touched by international relations are very wide, from the establishment stage of international judicial institutions to the ex post evaluation of the activities of international judicial institutions. In particular, through empirical analysis, international relations presents the workable condition for international judicial institutions, provides certain conditions for litigants for the purpose of active participation in international adjudication, and suggests a relevant solution for problem linked with international judicial institutions' independency. In this regard, the approach of international relations to international judicial institutions makes a huge contribution to the development of international law. However, by emphasizing the extra-legal aspect of international judicial institutions, the approach of international relations to international judicial institutions runs the risk of making the essential role of international judicial institutions as a court of law peripheral issue. In this context, uncritical incorporation of international relations approach to international judicial institutions might lead to negative views on the role of international judicial institutions. Thus, the insight provided by international relations analysis of international judicial institutions should be considered having limited values for the study of international judicial institutions in so far as it provides useful empirical information for the study of international judicial institutions with international legal research.