글로벌 인터넷 거버넌스의 규범적 검토 -ICANN에 의한 Domain Name System 규제를 중심으로-

Although the term “governance” is a relative new term, we can find that politicalcommunities have sought a better governance system by setting and creating new norms forinternational or inter-city relations. Various systems of governance have been tried inhistory but it was the Treaty of Westphalia that established the current state centricgovernance system. Even though non-state actors such as NGOs, multinational companiesand epistemic communities are influencing on this state centric governance system at aconsiderable level, they are still act through States. Still, Inter-state actors such as theUnited Nations remail as a key player in governance. However, a system governing Domain Naming Service System by ICANN is of a nontraditional, sui generis nature. By its unique nature, the ICANN governance systemgenerates legal and political issues. Critiques are pointing at ICANN’s lack of legitimacyand its transparency. This article aims to provide a new perspective to understand ICANNrather than to join the critiques. By the authors’ analysis, ICANN’s governance systembrings us a new model of governance based on transnational law and is a example oftransnational relations. The ICANN’s governance system might be one applicable only toa limited area. However, it is evident that ICANN is a good example of transnational legalprocess. Furthermore, this ICANN case will provide whether “internalization” is an answerto the question “why nations obey international law”. It might be too early to draw aconclusion that international law is mutating to transnational law but we can say thetransnational law approach helps us to understand new emerging international issues.