국제공적권한 행사에 관한 일고찰

To wrestle with difficult problems driven by globalization, there is a growing need for active cooperation of actors in international society. This is the main engine for establishing various types of international cooperative mechanism. As a international cooperative mechanism, international organizations play a pivotal role in international sphere and their importance are highly highlighted. Through decision, recommendation, and dissemination of information, international organization touch upon right and freedom of individuals and the autonomy of States both directly and indirectly. In order to protect right and freedom of individuals and the autonomy of States, normative mechanism evaluating the legality and legitimacy of activities of international organizations is definitely needed. Restricted to traditional approach to sources of international law, non-binding law or non-law could not belong to the realm of legality test even though they make a substantial impact on right and freedom of individuals and the autonomy of States. In order to place non-binding law or non-law into the sphere of normative control for legality and legitimacy, normative mechanism which is operated by standard instruments should be established. Understanding activities of international institutions as the exercise of international public authority and categorizing the exercise of international public authority into specific standards instruments enables to review activities of international institutions touching upon right and freedom of individuals and the autonomy of States. Both categorizing the exercise of international public authority via standard instruments characterized by binding force, implementation mechanism, addresses and establishing legal regime containing applicable rules and principles, normative control of activities of international institutions is feasible. To the point that various grounds which do not belong to traditional sources of international law could be reviewed withine respective legal regime, an approach towards the exercise of international public has strong merits. However, there are some problems concerning the international public authority approach to the extent that how to make the balance between internal perspective on law and relative concept of law. Also, merging concept of standard instruments into legal regime establishing applicable rules to each standard instrument is also problematic. Furthermore, the international public authority intentionally does not pay close attention to role of international institutional law established in the field of international law. Despite these problems, discourses on the exercise of the international public authority make a huge contribution to legal approach addressing global governance as well as the constitutionalization of international law, global administrative law and global legal pluralism. Further study on the exercise of the international public authority should be continued.