ブックタイトル佐藤栄作論文集９～１６

概要

佐藤栄作論文集９～１６

to act on this evidence is out of fear of domestic backlash from the loss of militarypersonnel.）International law in its current state is not widely enforceable and relieson the goodwill of states to abide by the law. A collection of select states determinesthe balance of power, each possessing an individual veto power. 2 There is little clarityin existing law that authorizes intervention in matters that are essentially within thedomestic jurisdiction of any state and permission must be given by the sovereignstate in which intervention is to take place. 3 The concept of humanitarian interventionposes a direct challenge to the principle of state sovereignty and its ambiguous legalstatus has provided for a rigorous debate around its practice.It is this inconsistency with respect to state sovereignty vis-a-vis the welfare of itspeoples that is at the crux of the debate surrounding humanitarian intervention in thecase of ethnic conflict. There is nothing in the United Nations Charter to authorizeintervention in matters that are essentially within the domestic jurisdiction of thestate except in the case of a threat to international peace and security. 4 This foundingrespect for the sovereignty of the state dates back to the Peace of Westphalia in 1648and has more recently been codified into the United Nations Charter of 1945. 5The debate surrounding humanitarian intervention is therefore long standing andalthough crucial to resolving ethnic conflicts, is concerned with ways in which to curbor cease the conflict once the conflict has escalated to a point of urgency necessitatingintervention. The focus of this paper however is to get to the conflict before or at thefertile stages of its beginning. The debate around humanitarian intervention hencepresupposes that neither of the parties can come to a mediated agreement. The focusof this paper is to empathize the need for negotiations and communication betweenconflicting parties in resolving ethnic conflicts.Given the founding principle of state sovereignty in international law much of the8842 Article 2（7）United Nations Charter.3 Ibid.4 Ibid. Chapter VII UN Charter.5 Hinsley, F. H., Power and the Pursuit of Peace, Cambridge University Press 1963, Chapter 3 on Rousseau p.47.