국제사법의 역사적 발전과 세계화 시대의 법리 - 법률관계의 구조변화와 Savigny 이론의 재정립 -

International litigation has recently become very common, where the issue of determining a legal body from various countries related to the case is a matter of international jurisdiction, and the issue of determining legal criteria for judgment is a matter of decision on governing law(Private international law; Conflict of Laws; Choice of Law). These are all related to which region's legal order is appropriate for the parties to be bound in an international lawsuit. However, the decision of international jurisdiction is a matter of jurisdiction allocation between sovereign states, and is a matter of public international law, requiring mediation and international consensus due to conflicts of interest among countries of the world, while private international law is a domestic law that allows final decisions depending on each country's position, which can be said that legal principles could be made more faithfully for the purpose of the law of “fair and rational resolution of international disputes.” Therefore, in order to explore the direction of legal principles on international dispute resolution in the future, this paper attempted to understand the formation and structure of private international law, which has a stronger normative nature than the legal principles of international jurisdiction, and, as the first step for this, the development process of private international law was reviewed historically. Through this, it was possible to examine the foundation of the legal principles of private international law so far, and it was mentioned that Savigny's theory, providing the basis for most countries' private international law, needs to be re-established to conform to the changed living and legal relationship in today's globalization era. And, in relation to international unification efforts of private international law, it was also mentioned that achieving the unity of the international legal system through international consensus on international jurisdiction, indirect controlling on private international law, can be an approach that considers both the goals of 'integration' and 'diversity' of international legal order at the same time as a way to cope with the complexity of modern society.