국제법의 사회학적 접근에 대한 비판적 고찰 ― 실행이론에 주목하며 ―

초록

The quantitative and qualitative expansion of international law give rise to difficult challenges to the study of international law. As a fundamental law of the international community, various international legal methods are being developed to give insights to difficult problems of international law. In particular, the interdisciplinary approach using social science as politics and economics is actively employed, and in this context, the sociological approach to international law is also employed to find solutions to the problems facing the international community. The sociological approach to international law helps to structurally grasp issues of the international community through the intuitive exploration of social reality and to grasp the actions of international legal actors in light of historical and cultural backgrounds. Various perspectives of sociology, such as structural-functional perspective, symbolic-interactionist perspective and social conflict perspective, make a huge contribution to the study of international law by expanding the scope of international law research and providing alternative insights into international law issues. The practice theory helps to empirically and empirically understand how the actual actions of actors operating in various fields of international law. The practice theory allows us to understand how international legal norms are actually interpreted, how historical and cultural background knowledge has a significant impact on the operations of various areas of international law. The practice theory helps to improve the understanding of how the effectiveness of international law is constructed and how the international system is actually operated through certain standard shared by relevant actors. In order for the practice theory to be applied to all areas of international law, there are problems to be overcome. However, by actively utilizing the methodology of the practice theory, the actual operation of international law could be easily grasped. Also, when it comes to the consideration of the desirable way to enhance the normative power of international law and to take into account of the desirable design of the international institution, the information provided by the practice theory would become indispensable elements.

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