国際法における集団的自衛権の法理をめぐる問題と最近の動向

概要

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Main purpose of this study is to analyze the concept and juridical nature of collective self-defence under the U.N.Charter and customary international law. The analysis covers the formulation of the right of self-defence prior to the establishment of the U.N.Organization and the drafting process of articles relating to collective self-defence in the U.N.Charter. Also the legal position of collective self-defence in the collective security system of the U.N. is analyzed. Important theories and latest practices of collective self-defence are explained and evaluated, including the function of Security Council and the Judgment of International Court of Justice, in Nicaragua's case. The study extends to the difference between individual and collective self-defence, as well as the controversy on legality and legitimacy of humanitarian intervention and of the use of force on the issues of unilateral intervention and armed reprisal Another major theme of this paper is to study Japan's constitutional and political constraints concerning collective self-defence and attitude of Japanese Government is closely observed. It has touched on U.S.-Japan security cooperation and the latest case of Guideline on defence cooperation..
尚美学園大学の論文
2001-10-31