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지원사업
학술연구/단체지원/교육 등 연구자 활동을 지속하도록 DBpia가 지원하고 있어요.
커뮤니티
연구자들이 자신의 연구와 전문성을 널리 알리고, 새로운 협력의 기회를 만들 수 있는 네트워킹 공간이에요.
학술저널
Full-text
오류 신고하기해당 페이지 내 제목·저자·목차·페이지정보가 잘못된 경우 알려주세요!
초록·키워드
The international rule of law consists of a particular set of values and principles associated with the idea of international legality. It is a universal concept for all nations, also an effective means for establishing and maintaining the integrity of international legal order, promoting and achieving international justice and progressing and facilitating international legislation. At the international level the idea of international rule of law operates as a means rather than an end in itself and serves a function rather than defines a status.
Essentially, the rule of law in the international arena constrains the government of a State not in the way that domestic law constrains an individual, but in the way that domestic law constrains a lawmaker. Governments are bound in the international arena, as in any arena, to show themselves devoted to the principle of legality in all of their dealings. They are not to think in terms of a sphere of executive discretion where they can act unconstrained and lawlessly.
When government lawyers advise their government on the matters of international law they should keep in mind that their legal advice given to the government should not be grudging about legality, treating the international rule of law as an inconvenience. They should not be advising that their government is entitled to avoid the impact of legal constraint where it is ambiguous or unclear. Their legal advice should be given in a spirit that embraces the importance of the international legal order and the obligatory character of its provisions.
Essentially, the rule of law in the international arena constrains the government of a State not in the way that domestic law constrains an individual, but in the way that domestic law constrains a lawmaker. Governments are bound in the international arena, as in any arena, to show themselves devoted to the principle of legality in all of their dealings. They are not to think in terms of a sphere of executive discretion where they can act unconstrained and lawlessly.
When government lawyers advise their government on the matters of international law they should keep in mind that their legal advice given to the government should not be grudging about legality, treating the international rule of law as an inconvenience. They should not be advising that their government is entitled to avoid the impact of legal constraint where it is ambiguous or unclear. Their legal advice should be given in a spirit that embraces the importance of the international legal order and the obligatory character of its provisions.
인공지능 문자 인식 모델을 통해 추출된 텍스트로, 일부 오타나 오류가 포함될 수 있으나 지속적으로 개선 중입니다.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
오류를 발견하셨다면 해당 부분을 드래그한 후 ' 를 통해 신고해주세요.
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UCI(KEPA) : I410-ECN-0101-2009-360-018423261