東北亞共同體와 東北亞普通法에 관한 構想과 實踐의 提案

Abstract

In the north-east Asian region, the movement to establish a common economic community is slowest and not successful as compared with other region in the world. In the periode of globalization and internalization, a nation would not be able to maintain itself isolated from other countries. With making itself opened to other countries as well as with keeping itself communicated and cooperated with other countries, the nation would be able to maintain itself peacefully and prosperously. Even though the nations in the north-east Asian region belong to the most developed countries culturally, the endeavors of each nation to create a economic common community or a cultural common community for common prosperity and common peaceful living in this region has been not so vigorous. The most important reason, why such a common prosperity and common peaceful living have been obstructed, would have been the Confucianism, which emphasizes in the field of thoughts the hierarchial relationship and in the field of politics the strong nationalism of each country in this region. In oder to make the north-east Asian region be a prosperous and peaceful common community, each nation in this region is asked for curbing its nationalism and encouraging the cosmopolitanism. For a prosperous and peaceful living of all peoples as neighbors in this region, it is requested and necessary for all nations to try to establish a economic common community and at the same time a cultural common community in this region. In oder to support a economic and/or cultural common community in the north-east Asian region, a common law, i.e. ius commune in this region could be created from the sources of traditional laws of each country and through the comparision of the present operative laws of the nations in this region. The most useful work for creating ius commune in the north-east Asian region would be an explanation and a restructuring of the occidental legal principles in the context of the oriental Confucian thoughts. With such a academic work,new legal principles, i.e. a third form of law intermingled with the occidental legal principles and the oriental Confucian thoughts would be able to be created in this region. It is wished and hoped, that a common community for prosperity and peace in the north-east Asian region could be established. With establishment of common community in this region, it is also expected, that ius commune intermingled and mixed with the occidental and the oriental legel and philosophical thoughts in this region could also be created.