國際政治와 法哲學: 憲法과 國際法의 接點에서

유럽헌법연구 5:369-402 (2009)
Download Edit this record How to cite View on PhilPapers
Abstract
This paper surveys, not exhaustively but rather in summary, the development of legal philosophy surrounding the constitutional and international laws as corresponding that of world politics from the first world war through the formation of WTO governance. The world has changed gradually thus far while the westerners have long forge their hegemony through the recent US one. Before the dusk of new millennium, the political scientists entertained the version of US uni-pole in terms of world politics. Its version have confront new development of world politics surrounding the rise of EU, China, and Japan. In this backdrop, they frequently mention bi-polar or multi-polar consequence of world politics. The politics are normally juxtaposed to the legal regime where the constitutional and international law reflect the fare of world politics. In other words, it subjugates in some form of legal regime whether the constitutional law surfaces strongly over international dimension for some superpower. In other dimension of power balance, the international law surges to legally govern the world politics. According to Rubenfeld, the first case represents a democratic constitutionalism while the later case, in legal terms, is related with the international constitutionalism. I would propose in thesis purpose to divide three stage of world politics. The first one is surge of the German empire to pursue world hegemony at the start of two world wars. In this period, the constitution has highlighted in ways of resolutionism, incorporatism or unilateralism. The second period runs from post world war to 190's while the pacifists or cold war dominate the world politics. In this era, UN works in the least as a symbol of world politics, and the international laws mater over the domestic laws. Hans Kelsen, a German legal positivist, led the post-war world politics in legal ways as demonstrated in his foundational influence over the formation of United Nations. In this flow, I suppose that the world politics turned on the pacificist road until the rise of US hegemony. As the bipolar system collapse upon the dismantlement of Soviet Union, US rise as a unitary world hegemony. In reflection, the unilateral constitutionalism enjoys an influential passion of that nation. As EU and China started to voice as political power in the international dimension, the international law and constitutionalism flourish while we cognize WTO as one of crucial products in such point of view. Hart, a European legal positivist is again contested to prove who governs the world in terms of legal theory adapted to the WTO's intrinsic and its function.
Keywords
No keywords specified (fix it)
Categories
PhilPapers/Archive ID
KIM-17
Revision history
Archival date: 2019-08-10
View upload history
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Added to PP index
2019-08-10

Total views
5 ( #42,214 of 41,462 )

Recent downloads (6 months)
5 ( #40,454 of 41,462 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks to external links.