| Research Abstract |
In this project, I have studied the change of Westphalian conception of international society, with special reference to the evolving norms and their functions of contemporary international law rules and institutions. Those themes are taken up First, the concept of territorial sovereignty, historic mode of acquisition of territory in the age of colonialism, the conflicting elements of effective control and legitimacy of government based on territory, referring to logics contained in the decisions of ICJ and other international tribunals. Second, the trends for change of the Westphalian paradigm in an age of globalization, as are reflected in the contents of rules and function of international law and institutions, especially in the fields of human rights norms, protection of rights of private individuals, regime of refugees and other displaced persons, indigenous people, regime of extradition of the criminals, etc. Third, the role of private individuals in the lawmaking and implementation of the contemporary international law, which necessitates the change of state-centric view derived from Westpahlian paradigm. Forth, the strategy of the so-called positivistic school of international law, and the logic in the decisions international courts, in dealing with such a fundamental change in the rules and functions of international law, focusing on the logics in controlling time-factors and those contained in the provisional measures indicated by ICJ.
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