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세력 변동하의 평화 구상 -한스 모겐소의 정치적 분쟁론을 중심으로-
니시다이라 ( Taira Nishi ),이경미 한림과학원 2016 개념과 소통 Vol.- No.17
Since the turn of the 21st century, confrontations among China, Korea and Japan have been growing ever more intense. Yet these confrontations are not prompted by newly emerging issues, rather they derive from territorial disputes between China and Japan, and between Korea and Japan, over uninhabited islands which have been argued over since the middle of the last century. The reason why such long-standing disputes have recently become more heated, with significantly more confrontational relations, is the ongoing shift in power dynamics in East Asia. The principle that disputes tend to escalate when they become entangled with international tensions arising from such shifts is well established, as noted in Morgenthau’s Politics among Nations. The current state of international relations in East Asia, and in particular how to establish a stable order, can only be understood by studying this changing landscape of power dynamics. Such power shifts are generally considered within the context of international politics, but in fact they have also played a very significant role in the history of international jurisprudence. Thus, international jurisprudence in Europe gave rise to an important theoretical discourse, centered mainly around Germany during the period between the 1870s and the inter-war era, which debated the gap between the existing legal structures and the prevailing power dynamics. Also, during the era of the League of Nations, in attempting to create a philosophy of peace, efforts were made to establish comprehensive dispute resolution procedures, which resulted in active theoretical discussions on the nature of disputes, and a generalization of the notion of disputes arising out of power shifts as ‘dynamic disputes.’ A dynamic dispute is one that arises between an emerging power’s demand for the revision of existing laws, and a dominant power’s demand for the preservation of the status quo. Morgenthau used this idea of dynamic disputes to develop a conception of international order which is centered mainly around confrontational relations between forces seeking to preserve the status quo and forces demanding to change it. This way of understanding disputes was also shared with labor jurisprudence, having a very important political impact during the inter-war period. Indeed, Morgenthau had established his theory of international law under the influence of Hugo Sinzheimer, a renowned jurist specializing in labor law.
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