국제법상 글로벌 문명기준에 관한 연구

Throughout human history, a certain standard undoubtedly sets the contents of norms and principles of legal system. Specifically, international society composed of states has been always controlled by standard of civilization. From the establishment of Westphalian system, Western-centric perspective on the standard of civilization has been governing every aspects of international society. Western-centric standard of civilization is solidified by the expansion of Western imperialism and colonialism over non-Western countries and peoples. After decolonizational process, international society seems to be released from the gravity of Western-centric standard of civilization. However, invisible hands of Western-centric perspective on standard of civilization still play a significant role in formulating international society for the interests of Western hegemonic powers. Globalization accelerates penetration of Western-centic standard of civilization into non-Western countries and peoples. Under the name of good governance, such as human rights reformation, establishment of liberal economic structure, and the rule of law, Western-centric perspective on standard of civilization robustly requests non-Western countries to reform every aspects of their social, political and economic structures. To make matters worse, these requests do not allow tolerance and pay attention to the distinctiveness of concerned state. For the purpose of overcoming imperialistic characteristics of global standard, an alternative suggestion is definitely needed. An alternative should depend on the realities and conditions of concerned states and play a significant role in making every voice heard. For example, structural adjustment policies, which envisage the establishment of economic structure embracing liberal economic policies should be reexamined by the lens of concerned states. In addition, War against terror should be reassessed by the alternative standard of civilization. For achievement of authentic global justice, international law and standard of civilization should be rooted in pluralism and tolerance. Without tolerance and pluralism, international society moves back to the darkness of the era of colonialism and imperialism.