법경제학 국제법 방법론에 관한 연구

The research on the methodologies of international law has been advanced for the purpose of refining the science aspect of international law and enhancing the normative character of international law. Among various international law methodologies, such as positivism, policy-oriented jurisprudence, new international legal process and others, law and economics does not relatively be regarded as the feasible methodology of international law. The unpopularity of law and economics as a methodology of international law is mainly attributed to the presumption that descriptive characters of economics do not go well with normative characters of law. However, this presumption does not seem to be convincing one because the economic analysis plays a pivotal role in bringing fresh air into the insights of international law through economic theories, such as price theory, game theory and public choice theory. Price theory supports the text-based interpretation of treaties, which is provided in the 1969 Vienna Convention on the Law of Treaties. Regarding text of treaty as the market price, law and economics has negative attitude towards any attempt to alter or change the ordinary meaning of the text of treaty. Also, law and economics suggests the necessity of incorporating the efficient breach theory into international law in order to encourage many States to join multilateral conventions such as WTO. According to law and economics, game theory will be the best solution with regard to the complex problems in global environmental cooperation. Despites the utilities of law and economics as an international law methodology, law and economics faces many problems that should be tackled down. For instance, law and economics does not easily provide the solution to the case of irrational behavior of State in relation to other State. Also, many societal values, such as human rights and democracy cannot be easily measured in terms of price. However, with the help of the development in economics itself, law and economics will be more feasible and persuasive methodology of international law.