著者

中井 愛子

出版者

一般財団法人 日本国際政治学会

雑誌

国際政治 (ISSN:04542215)

巻号頁・発行日

vol.2017, no.189, pp.189_65-189_80, 2017-10-23 (Released:2018-12-19)

参考文献数

65

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This paper clarifies the decisive role played by Latin-American “legal” regionalism in the 19th century in relativizing European international law and dismantling the European monopoly of the power to set international principles.Simon Bolivar’s pan-Americanism in 1820’s is widely known as unsuccessful project for a political union of Latin American states. Actually, however, his project had two main pillars, the creation of a political union and that of “American public law,” and what was more important to the future world was the later. When Americas achieved their independence in 1810–20’s, the governing international principles were that of Vienna, agreed among European Powers and whose basic features were dynastic legitimacy and balance of power between monarchs. These principles were not compatible with the sovereign statehood of most of newly independent American states born in decolonial revolution and declared independence without recognition by ex-monarch. Nevertheless, those rules were considered as “European public law” or “European international law,” which was at that time mere synonym of “international law” governs the general relations between civilized nations. In this situation, Bolivar begun to pursue not only a union of Latin American states but also “American public law” which should be constituted by rules and principles that are different from that of Europe and suitable for America. Bolivar’s ideal American public law contains, e. g., popular legitimacy principle, denial of forcible intervention, obligatory peaceful settlement of disputes, sovereign equality, etc.The efforts of Latin American states to realize these ideal new norms continued throughout centuries. Certain of these norms have acquired universal approval, taking the place of old European originated norms. In the late 19th century, some Latin American scholars started to argue that the assumption of identity between “European international law” and “international law” was not appropriate any more asserting the existence of American international law and possible existence of other regional international laws. In the beginning of the 20th century, the existence of American international law was accepted in Europe with rise of social or objectivist legal thoughts and European regionalism. The modern academic assumption of the identity of “European international law” and “international law as the law of civilized nations” had disappeared in 30 years from 1880’s to 1910’s. Latin American legal pan-Americanism triggered this fundamental change of the conception of international law.