현대국제법의 구조 변화와 국제환경법의 역할

The structure of modern international law is changing. The contemporary framework of international law, often referred to as the “Westphalian system,” is no longer sufficient when centered solely around the role of nation-states. The state is no longer revered as the sole “heroes” in the narrative of international law. One of the most notable aspects of the evolving state-centric structure of international law is the emergence of various non-state actors, including individuals, on the global legal stage. That is, various actors other than the state are acting as players on the international legal stage. From a traditional perspective, the subject of international law is expanding. Another noteworthy change in the structure of international law is that the sources of international law today are expanding beyond Article 38 of the Statute of the ICJ. This structural change is most evident in the field of international environmental law. The dynamism of actors and legislation in the field of international environmental law contributes to the development of general international law. In this paper, I examine the role of international environmental law in the changing structure of international law, focusing on the following points. First, the status and role of non-state actors other than the state in the international legal process are gradually increasing. Second, the source of international law is becoming more diverse beyond treaties and international customary law. In particular, international environmental law is mostly made informally by soft law. Third, the basis of international obligations is changing. Fourth, For violations of international obligations, more emphasis is placed on effective implementation and compliance rather than sanctions.