세계화에 따른 주권의 변화에 관한 헌법적 고찰

This work deals with globalization, national sovereignty and constitutional problems. As the globalizaton the sovereignty is in the face of big change. Especially, internet and information technology make the world a network system. The globalization can be represented the growth of international law or the globalization of law, enlarging roles of international organizations, advent and expansion of global governance etc. This present situation threatens the meaning of national sovereignty and arouse an earnest discussion about extinguish of sovereignty or national state. However, although it should be recognized that it is hard to explain contemporary international situation with the traditional concept of sovereignty, we can not assert that globalization completely incapacitate national sovereignty from working. From a normative viewpoint the principle of national sovereignty should be admitted. On the other hand, from a realistic point of view, sovereignty still in a crisis. This is caused by the fact that sovereignty is in the interface between law and political reality. In the real world, international and supranational law confuse the legal system of domestic law. Also, as the law is discussed and made outside of the country, there are chances to nondemocratic, unequal and compulsive laws influx the inequality of power between nations. What is worse, these laws have an direct and wide effect on the members of a nation. In conclusion, we should recognize the importance of sovereignty or national independence and it is necessary to cope with the real situation. This countermove should be performed not only from international law, but constitutional viewpoints and it can be started from an effort to make sure of unified legal system and improve the system to justify diplomatic actions.