国際連合による「統治」 : 国際連合東チモール暫定行政機構(UNTAET)を題材として(平松毅教授退任記念論集)
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This study aims at identifying the emerging role of the United Nations governing East Timor by establishing and deploying the United Nations Transitional Administration in East Timor (UNTAET). This article first points out that a broad concept of "governance" encompasses diverse activities or processes to identify various activities .of states, international organizations or non-governmental organizations (NGOs), the power relationship and networks/systems of the international society, and that this broad concept is introduced into the United Nations, an agent of governance, as its policy framework. Secondly, the structure and function of the UNTAET is examined. Being authorized by Security Council Resolution 1272, UNTAET was endowed with "overall responsibility for the administration of East Timor and empowered to exercise all legislative and executive authority, including the administration of justice". The article looks into roles and functions of each authority to see how UNTAET "governs" East Timor by legislating and establishing diverse governing bodies. It also highlights the evolving processes of UNTAET and its policy to promote "Timorization" by enhancing participation of East Timorese into a governing body of UNTAET or to appoint them as cabinet members. Thirdly, it is established that the "governance" by the United Nations is a newly evolving process to overcome the issue of "humanitarian intervention" i. e. the use of force in order to terminate inhuman activities or atrocities which have occurred in a state. Due to diverse arguments as well as practices surrounding humanitarian intervention by international organization or state(s), there is no clear or consistent solution concerning this issue both politically and legally. The paper holds that "governance" by the United Nations through the establishment of a transitional administration as UNTAET will be an alternative measure and a better solution to solve humanitarian issues in a state where a government is not functioning.
- 2004-12-30
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関連論文
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- 国際連合による「統治」 : 国際連合東チモール暫定行政機構(UNTAET)を題材として(平松毅教授退任記念論集)
- 国際機構による「統治」 : 国連の暫定統治機構の事例