페미니즘의 국제법 이론과 실천

A feminist approach to international law has developed as an independent regime that is distinguished from other legal theories by criticizing the male-centered form of international law based on a gender perspective. As the significance of feminism is becoming greater in theory and practice, this study aims to bring more attention to feminist approaches to international law, which is an element or a catalyst that enhances the dynamism in international law. By introducing the basis for critical analysis and approaches of feminist theories, the study will analyze and assess the practical effects of feminist approaches to international law in the international legal order. First, various perspectives and theories exist in feminist approaches to the study of law, and using the most representative theory in feminist theories as a focal point, this study will introduce the different viewpoints and reasoning behind each theory, as well as some of the criticism that is made against each theory. Some differences may be observed among all individual feminist theories when assessed in detail, but some common characteristics can also be seen among all the theories as a means to criticize and improve the male-dominated regime of international law. Therefore, this study examines some of these most representative methodologies (characteristics) that are commonly found in these theories. Furthermore,this study will analyze and assess feminists’ understanding and practical application of international law in detail based on feminist theories and the study of methodologies previously examined. Feminist international lawyers analyze the entire framework of international law through the lens of a feminist, but this study will particularly focus on some of the main criticism that has been made by feminist scholars in the process of developing international law such as in customary international law and treaty law, with regard to the exclusion of women and hostile approaches to the development of international law,the limits that exist as a result of male-dominated world of geo-politics that lay emphasis on sovereignty, and lack of fair representation in international organizations. Since feminist scholars of international law are particularly critical of the international human rights law regime, this study examines the specific application and practical implementation of feminist legal theories to human rights violations against women. The critical viewpoints of feminist scholars are expected to suggest various implications in the development of international law, and continuous research and attention will be needed for various policy developments such as gender mainstreaming in the future.