2003 Fiscal Year Final Research Report Summary
Theory of Humanitarian Intervention -Its normative turn and contemporary meaning
| Project/Area Number |
12420009
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Kobe University |
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Principal Investigator |
SERITA Kentaro Kobe Univ, Graduate school of International Cooperation Studies, Professor, 大学院・国際協力研究科, 教授 (60031449)
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| Co-Investigator(Kenkyū-buntansha) |
HAMAMOTO Shotaro Kobe University, Graduate School of Law, Associate Professor, 大学院・法学研究科, 助教授 (50324900)
SAKAI Hironobu Kobe University, Graduate School of International Cooperation Studies, Professor, 大学院・国際協力研究科, 教授 (80252807)
NAKAMURA Osamu Kobe University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (60032710)
SHIBATA Akiho Okayama University, Faculty of Law, Associate Professor, 法学部, 助教授 (00273954)
NAKAI Itsuko Konan University, Faculty of Law, Professor, 法学部, 教授 (70280683)
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| Project Period (FY) |
2000 – 2003
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| Keywords | Humanitarian Intervention / Humanitarian Interference / United Nations / Regional Organizations / International Security / Refugees / International Human Rights / Sovereignty |
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| Research Abstract |
This research project explores the much-discussed notion of humanitarian intervention. Although the notion consists of a wide variety of aspects, political, sociological, cultural, etc., we have limited our perspective to a strictly legal one.
Sakai analyses the notion of "humanitarian intervention by/through the United Nations and points out that this highly ambiguous notion may serve, unconsciously, as a formalistic and facile justification of use of force.
Nakamura examines the relationship between regional organizations and the United Nations. In the light of recent practice in which the Security Council hardly maintains its effective control on military operations exercised under its authority, he emphasizes the Security Council's primary responsibility for the maintenance of international peace and security.
Hamamoto inquires about State practice concerning humanitarian intervention without authorization by the Security Council and concludes that States rarely deny the legality of humanitarian intervention categorically but almost always question about the sincerity of "humanitarian" intention of intervening States.
Shibata, through his historical and doctrinal investigation, reveals Tabata Shigejiro's decisive role on "outlawing" intervention. He also suggests the possibility of a revival of Taoka Ryoichi's theory, which tends to "legalize" interventions in the face of the lack of an enforcement mechanism in the international community.
Nakai summarized the process of the development of international human rights law and its influence in the Japanese legal order.
Serita scrutinized international rules and systems of humanitarian assistance in the case of natural disaster, particularly through a detailed account of State practice concerning the 1995 Hanshin-Awaji Great Earthquake.
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