2017 Fiscal Year Final Research Report
"The Principle of Subsidiarity" in the UN Security Council from the Perspective of Global Constitutionalism
| Project/Area Number |
15K16927
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
International law
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| Research Institution | Yamagata University |
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Principal Investigator |
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| Project Period (FY) |
2015-04-01 – 2018-03-31
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| Keywords | 国連安全保障理事会 / 補完性原則 / 欧州連合 / 欧州人権裁判所 / 国際立法 / 狙い撃ち制裁 / 国際立憲主義 |
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| Outline of Final Research Achievements |
By changing functions of the UN Security Council after the Cold War, there are increasing activities which directly affect various individuals particularly through the targeted sanctions. Global constitutionalism (its main elements are the rule of law, separation of power, protection of human rights, democratic legitimacy and so on) is one of the attempts to re-configure those changing activities. However, the discussion on democratic legitimacy of the UN Security Council is in embryo, probably because it is difficult to conceptualize democracy in the UN in general. This study approached this issue through "the principle of subsidiarity", which are principles developed in various international regimes such as the European Union and the European Court of Human Rights. General conclusion is that there is high possibility of the principle even in the UN Security Council, provided that such principle is embedded with the consideration of human rights and democratic legitimacy.
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| Free Research Field |
国際法学
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