Grotius의 유산: Grotius의 법사상 전통 형성과 국제법 발전에의 함의

How should we understand Grotius today? He is a symbolic figure commonly referred to as the “father of international law.” However, there has long been criticism in academic circles about whether he can truly be called the “father” of international law. This criticism goes beyond mere opposition to overestimation, raising fundamental questions about the originality of his ideas, their historical context, and their relationship to colonialism and power. Numerous scholars have pointed out that Grotius did not independently invent the concept or system of international law. Earlier thinkers, such as Vitoria and Gentili, had already laid the theoretical groundwork for the concept of international law and the theory of the law of war. Many argue that Grotius merely inherited and systematically supplemented these theories. In other words, he is closer to being a compiler than a founder of international law. Some have also argued that the theory of the law of war in The Law of War and Peace (1625) is merely a reinterpretation of the classical, natural law–based theory of just war. Even if Grotius played a unique role in establishing and systematizing the law of war, it is still questionable whether it is appropriate to call him the “father of international law.” Furthermore, although The Freedom of the Sea (1609) is considered a significant contribution to maritime law, its legal principles were used to justify the interests of the Netherlands and its East India Company (VOC). This suggests that Grotius contributed to imperialist and colonialist discourse, making it difficult to view his ideas as the sole product of rational thought. The discovery of his unpublished manuscript, On the Law of Capture, in the mid-19th century provided an opportunity to reexamine his ideas as presented in On the Law of Nations and On the Law of War and Peace. Despite these criticisms, Grotius is still accepted as the “father” of international law. This study focuses on the fact that Grotius presented a framework for an international legal order acceptable to members of the international community at the time and future generations. Despite criticism and limitations, Grotius can be understood as the figure who established the tradition of international law because his legal philosophy and system were accepted and adopted. Accordingly, this study presents two points. First, while it is difficult to definitively label Grotius as the founder of international law, his ideas occupy an essential place in its tradition because they were accepted as such by his contemporaries and subsequent generations. Second, his significance lies not in the originality of his ideas, but in his contribution to the internalization of international law. He did this by constructing legal principles that enabled the international community to accept and utilize the international legal order.