2004 Fiscal Year Final Research Report Summary
UN Peacekeeping Operation and 21^<st> Century -Normative Development of its Operational Principles and their Replacement within the UN Charter System-
| Project/Area Number |
15530035
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
International law
|
|---|
| Research Institution | Kobe University |
|---|
Principal Investigator |
SAKAI Hironobu Kobe University, Graduate School of International Cooperation Studies, Professor, 大学院・国際協力研究科, 教授 (80252807)
|
|---|
| Project Period (FY) |
2003 – 2004
|
| Keywords | United Nations / Peacekeeping / International Law / Chapter VII of the UN Charter / Principle of Consent / Principle of Self Defense / Principle of Impartiality / UN Security Council |
|---|
| Research Abstract |
During the Period of this Study Project, some recent cases of the UN peacekeeping operations-Mission des Nations Unies en Republique democratique du Congo (MONUC), United Nations Mission in Liberia (UNMIL), and Operation des Nations Unies en Cote d'Ivoire (ONUCI)-have been examined in detail. The investigation about MONUC, for example, follows that the United Nations has recognized such mandate of MONUC as a "robust" peacekeeping, and that it has never regarded the combination of the peacekeeping activities and the restricted measures under Chapter VII of the UN Charter as a contradiction of principles ; consent v. enforcement. This conclusion is also true of the cases of UNMIL and ONUCI. Thus, the United Nations has recently developed the practice of the "robust" peacekeeping with the Chapter VII of the UN Charter, which is not contrary to the operational principles of the UN peacekeeping. In the case of ONUCI, for example, the principle of consent among the parties concerned and the
… More
principle of impartiality are maintained, with an amended principle of use of force in self defense.
This Study Project deals with not only the case studies of the UN peacekeeping but also one of the UN peacekeeping operational principles - the principle of impartiality itself. This principle in the traditional peacekeeping was established in the context of the international circumstances at that time and due to the neutral character of the United Nations, and so the meaning of impartiality has been limited to the passive and neutral role. As the end of the Cold War has changed the international scene and pulled down the basis on which the principle of impartiality was maintained, however, it proves difficult to apply the original meaning of this principle to some cases. In the "robust" peacekeeping, the reality of impartiality has converted to the equal applicability of law enforcement to the all parties concerned on the basis of the respect of the Peace Accords, so that this principle has been adapted to the real activities of the recent UN peacekeeping. Less
|
Research Products
(10 results)
