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

Ⅱ．New Legal Challenges within the UN CharterWhat has been triggered by the UN Charter legitimacy?One of the difficult tasks the UN has undertaken is an interpretation and applicationof the UN Charter as international norm. Chapter I is where we can assess whether acertain on-going incident like Kosovo is a breach of international norm. In the courseof globalisation, which contains a dynamic mechanism of integration and secessionmovements, each state’s activity against international norm is by no means unchecked.The proclamation of self-determination of peoples and political independence hasbeen incompatible with the current structure of the international community sinceinfluential actors are not only sovereign states but also people based on ethnicity,religion and culture. As Adam Robert argues, the UN framework has a disjunctionbetween‘nation’and‘state’2and self-determination has shown two distinctiveapproaches based on territorial self-determination and ethnic self-determination, thelatter of which is more problematic since ethnic minorities claim their insecurities totake a defence against a new political situation. 3Political independence and territorial integrity is, as a set, more likely pursuedby ethnic minorities by adopting their own interpretation of self-defence envisagedin Article 51. Disputants either take offensive to expand areas of homogeneouspopulation or declare preventive war against approaching opponents. Their long-termlinks with the powerful countries in the forms of military, political and economic tiesor ethnic, religious and cultural affinities have brought about complicated aspects insettlement by outside intervention. Examples are Russia’s relationship with the Serbsin former Yugoslavia and the United States’pro-Israeli policy.Under these circumstances, the UN has faced a legal challenge regarding how itcan solve self-determination issues linked with self-defence. The observance of Article634２Adam Roberts and Benedict Kingsbury,‘The UN’s Roles in International Society since 1945’,United Nations, Divided World, Adam Robert and Benedict Kingsbury ed.(Oxford, Clarendon Press, 1993), p. 20.３Kamal S. Shehadi,‘Ethnic Self-determination and the Break-up of States’, ADELPHI Paper No. 283 (London, llSS/Brassey’s, December 1993), pp. 4-5.