Departmental Bulletin Paper 国連安全保障理事会による「許可」をめぐる理論状況(1) : 権限委任アプローチと違法性阻却アプローチの批判的検討
Theories about "Authorization" by the UN Security Council (1) : A Critical Study of "Delegation of Powers" Approach and "Precluding Wrongfulness" Approach

佐藤, 量介

14 ( 3 )  , pp.217 - 235 , 2015-11-10 , 一橋大学大学院法学研究科
Theoretical approaches to UN Security Council "Authorization" are neither fully-fledged nor well-developed because one of the causes appears to be its multi-faceted or multi-layered characteristics. UNSC "Authorization" involves a pair of actions undertaken by the United Nations Security Council and Member States. This raises a series of inter-related questions : "What kind of legal effects are contained in "Authorization?", "What is the legal basis of such power of the Security Council ?", and "What kinds of acts can be justified for Member States authorized by the Security Council ?" We should hence approach the "Authorization" practice from comprehensive and integral perspectives. In other words, the key is setting three analytical points : Firstly, "the compatibility with the UN Charter," secondly, "UN-Member State relationship," finally, "the establishment of legality/non-wrongfulness of acts of Member States." The setting appears to be effective for analyzing the problems and defects of the present legal theories, especially the "Delegation of Powers" Approach and "Precluding Wrongfulness" Approach.

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