2007 Fiscal Year Final Research Report Summary
Normative Development of UN Peacekeeping and its Effectiveness after the Cold War
| Project/Area Number |
17530037
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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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 | Kyoto University |
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Principal Investigator |
SAKAI Hironobu Kyoto University, Graduate School of Law, Professor (80252807)
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| Project Period (FY) |
2005 – 2007
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| Keywords | United Nations / Peacekeeping / Multinational Forces / International law / Chapter VII of UN Charter / regional organization / Self-Defence / peace enforcement |
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| Research Abstract |
In this research, firstly, the features of the "robust" peacekeeping operations and their effectiveness have been considered. The "robust" peacekeeping, which has appeared since the latter half of the 1990's, is permitted the limited use of force under Chapter VII of the UN Charter, moreover with the consents of the parties concerned. The result proves that the new peacekeeping operations may ensure the effectiveness of their mandate ; ceasefire monitoring, humanitarian assistance, rebuilding of the failed States and transitional governance, all of which the UN asks them to implement, especially with the actions under Chapter VII, while the successful achievements by these operations lead the UN to recover the legitimacy of such activities. This consideration shows also that the "robust" peacekeeping still relies on the "self-defence" principle and that this principle can be lawfully applied in the operations, not at variance with the actions under Chapter VII.
Secondly, the examinations of some recent disguised actions under Chapter VII far example, the Iraqi War in 2003 and the North Korea missile launch incident in 2006, confirm that the UN Member States, especially P5, have attached importance to the distinction between Chapter VII and non Chapter VII, and that the requirements of the actions under Chapter VII should be applied rigidly.
Finally, this research had planed at first to deal with the performance of the peacekeeping operations by some regional organizations, but in the course of this research period, the preliminary considerations have done only about the case of the UN peacekeeping in Sudan. The operations by the regional organizations and their relationship with the UN remain to be examined in the next research subjects.
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Research Products
(12 results)
