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佐藤栄作 受賞論文集

based upon neutrality, in the decision making was hardly established. Those associatedseem not to believe in legality for their own reasons when Secretary General gavethe comment,“illegal”, for the war and two of permanent Council members assertedthe war was authorized.“Impartiality does not?and must not?mean neutrality in the face of evil. It meansstrict and unbiased adherence to the principles of the charter- nothing more, nothingless”(Kofi Annan, pp8). Neutrality has a long history since its inception. The literalconcept of neutrality:“not taking part or giving assistance in a dispute or warbetween others”(Random House Dictionary) was the special case for Belgium andSwitzerland, in the context of the Covenant of the League of Nations. Even thoughthe neutrality may not subsist under UN Charter, it’s still viable through the declarationof perpetual or permanent neutrality by treaty. Article 25 and Article 2(5) of UNCharter, however, obligate members to assist UN action taken in accordance with theCharter in compliance with the resolution of Security Council. With such strong incompatibilitybetween neutrality and membership in the UN, impartiality rather thanneutrality sounds to be the right word corresponding to the“norm”(Jurgen Habermas,pp111)for UN to play the role of“legitimation”(Jurgen Habermas,pp95).“Neutrality may however have its origin in indifference…. Neutrality in itself is nota virtue”(Hans Haug). UN should not be neutral indifferently but be engaged impartially.The legitimacy of UN is still open to criticism since four of the five permanentmembers of Security Council are victors in World WarⅡ, possessing the right ofveto. Besides, with a superpower of utmost military strength in the post Cold War,the lopsided power balance fostered the futile situation in which neutrality of UNhardly proves to be effective in practice.“The secretary-general’s office will have thepotential to advance the interests of all states only as long as it does not appear to384