연대성의 국제법상 법적지위에 관한 고찰- 국제법상 법의 일반원칙으로서 연대성 -

Almost all the countries around the world have taken diverse measures to address a number of problems facing them, such as climate change, terrorism and protectionism. As discussed in this article, it is defined as (international) solidarity that equal entities (i.e. sovereign states) undertake (a different degree of) mutual obligations to address such problems (i.e. attain common goals) in a non-reciprocal manner. Although the concept has played important roles in the international arena and thus, a number of scholars and commentators have discussed its significance in international law, as few articles have been found on the status and roles of solidarity in international law within Korean international law society, this article would like to explore what solidarity means in international law and what status it obtains based on the comprehensive analysis of a wide array of international conventions and principles and relevant institutions and treaties at a regional level. That is, not only primary international rules such as international environmental law and law of the sea but secondary rules such as the law of state responsibility were analyzed in this article, based on which how widely the concept of solidarity has been used by countries in the world was discussed. On that basis, this article argues that the concept has obtained the status of general principle of law provided in article 38(1) of the Statute of the ICJ.