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佐藤栄作論文集9~16

international peace and security. While there is still a political leverage in the SecurityCouncil and the UN as a whole, the Permanent five’s stances in settlement do notseem to be consistent because of their national-interest. 6 It can be said that as far asthe UN’s justice is regarded fair, the UN’s responsibility is to bring any case to and tostrengthen the capabilities of the International Court of Justice, the International LawCommission and other subsidiary organs. It is assumed that the UN measures oftendominated by pro-Western policies can distort the basis for international norm.Side-effects of self-determination proclamationIn retrospect, the General Assembly’s attitude towards the Palestine LiberationOrganisation (PLO) disclosed a dilemma between a conceptual approach to selfdeterminationand a practical approach to guarantee sovereignty under the UNCharter. Although the General Assembly advocated the Palestinians’right to selfdetermination,independence and sovereignty 7 ,‘security dilemma’is an obstacle inthe peace talks and many agenda are left unsolved. For example, to bring terrorismact to an end seems to be a regional issue but the behind-the-scene lies internationaltechnology network. This is an irresponsibly established structure in the internationalcommunity to lead the UN only to find a threat to international peace and security.However, it is noteworthy that the PLO obtained an observer status in the UN in1974 without being acknowledged as a sovereign state. This contrasts with recentchallenges of state-building. We have witnessed so far the break-up of the Albaniansin former Yugoslav Republic of Macedonia, Croats and Serbs in Bosnia-Herzegovina,Serbs in Croatia and Abkhaz and Ossetians in Georgia. However, for example, theeffort of the EC in former Yugoslavia establishing the guidelines to be met by futurenew states in former Yugoslavia was not entirely successful. It was claimed thatlegalism was introduced to build an internal and external consensus in line with the6366As far as the UN Charter is concerned, discussions in the Security Council about the measures to maintaininternational peace and security contained political leverage. The cases of Lebanon in 1958 and Southern Rhodesia in1966 can still be taken into account within the current framework of the UN settlement to the effect that the promotionof national interest of the member state has never ceased. In terms of international law and the UN Charter, theargument by Thomas Franck in 1970 is noteworthy. See, Thomas M. Franck, Who Killed Article 2 (4)? or: ChangingNorms Governing the Use of Force by States’, The American Journal of International Law, Vol. 64, 1970, pp. 809-820.7GA. Res. 3236, 3237, November, 1974.