著者
湯澤(下谷内) 奈緒
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.2013, no.171, pp.171_58-171_71, 2013

Building on a growing body of literature in international and comparative politics on transitional justice, this article examines the debate as to whether international criminal justice contributes to peace. The establishment of the International Criminal Court (ICC) has often been hailed as the culmination of international human rights standards that have been developed and advanced as norms following World War II. Yet the ICC's prosecution activities have been criticized by those who argue that the threat of punishment causes dictators to cling to power, resulting in delaying the end of conflicts or a smooth transition to democracy.<br>This article demonstrates how the "peace vs. justice" debate is rooted in opposing ideas for fostering international peace, both premised on the decentralized nature of international society, and how the tenets for their arguments are being shaken when faced with the reality of international human rights protection. Advocates for international criminal prosecution believe that strengthening centralized law enforcement authority beyond sovereign states will deter future atrocities. Given that a victor's justice is no longer tolerated on one hand and that there is no world government in sight on the other, however, efforts to make credible the threat of prosecution would remain incomplete. Meanwhile those who criticize the ICC as an idealistic endeavor find the basis of international order in bargaining that occurs within sovereign states, but their logic is difficult to sustain because the ICC is making the promise of amnesty, considered crucial to strike a compromise, less credible.<br>The article argues that international criminal prosecution should be understood as part of the international community's efforts to intervene in and improve internal governance of weak, failing or collapsed states. The limits of the ICC lie not just in weak enforcement but in the very act of questioning the legitimacy of leaders who are caught in conflict. International human rights norms encourage democratized states to address past human rights violations committed under previous regimes; however, they do not solve the problem of how to deal with perpetrators who are currently engaged in violence during times of democratization and peace negotiations. To make international criminal prosecution a viable force for the prevention of future atrocities, it must be coupled with assistance to domestic civil society, which has to bear the consequences of these ultimate decisions.

1 0 0 0 OA 国際組織と法

著者
横田 洋三
出版者
JAPAN ASSOCIATION OF INTERNATIONAL RELATIONS
雑誌
国際政治 (ISSN:04542215)
巻号頁・発行日
vol.1984, no.76, pp.138-157,L10, 1984-05-25 (Released:2010-09-01)
参考文献数
60

Law plays an essential role in the establishment and operation of various international organizations because they are legal entities created by law (treaties concluded among States). In the past, the legal analyses of the structure and activities of international organizations have concentrated on studies of the provisions of the constitutive documents and of the resolutions, rules, decisions, etc., adopted by international organizations.Today, the relationship between law and international organizations is more complex and a mere analysis of the provisions of documents establishing the organizations and of documents created by the organizations is neither sufficient nor comlegal plete.First of all, international law is not the only legal system which has a direct relevance to the structure and operation of international organizations. The municipal law of states and the proper law of international organizations are also important systems affecting international organizations.Secondly, the relationship between international organizations and a legal system is not one-way but two-way. One is the relationship where a legal system affects international organizations and the other is that where international organizations affect the legal system.
著者
崔 正勲
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.2015, no.181, pp.181_129-181_143, 2015-09-30 (Released:2016-06-08)
参考文献数
30

Amartya Sen advocated the “Impossibility of a Paretian Liberal,” or the Liberal Paradox, in 1970. After this, many scholars, such as R. Nozick, A. Gibbard, and J. Blau, tried to prove that his theory was inaccurate in varied manners. However, there has been no critical counter-argument against Sen’s theory, and so his theory has been called a “theorem.” In Sen’s later work, it is argued that the “impossibility” of a Paretian Liberal actually can be overcome. One such method was pointed out by Sen himself six years later: the Paretian epidemic is possibly solvable if an actor of two ones in a Liberal Paradox situation can behave as if it has the assurance-game preference or other-regarding preference, considering others’ rights and the maximization of social welfare. Sen also pointed out that two actors in the Liberal Paradox have the same preference orderings of the Prisoner’s Dilemma, which indicates that individual rationality and social optimality can contradict one another. When individual rationality was the decisive factor to make a decision in the Prisoner’s Dilemma, the actors would not obtain the most rational consequences in attempting to maximize their payoffs. Meanwhile, they can maximize their social utility if other-regarding preferences take precedence. This article will explore varied implications while applying Sen’s arguments to the First North Korean Crisis, which was an international crisis. Regarding the escalation of tension between the US and North Korea after the end of the Cold War, a contradiction to the Liberal Paradox is found. In the case of the Liberal Paradox, a cycle occurs when two actors who have different preference orderings are confronted totally or partially, and they claim that their preferences should be realized as a social decision regardless of the other’s preferences. While the cycle between the two players can be seen as a deadlock in diplomatic negotiations at the nation-state level, in reality, the US and North Korea showed not only the cycle caused by the crush of the rights legally based on Treaty on the Non-Proliferation of Nuclear Weapons (NPT), but also an escalation of tension beyond the theoretical cycle. That is, in the negotiations, they discussed how to deal with North Korean nuclear development, and they barely avoided a Second Korean War, which would have been the most irrational result. Why and how did the US and North Korea make the choices to escalate tension, possibly leading them to more irrational consequences than the diplomatic stalemate that would have accorded with Sen’s theory? The answer can be found in a hybrid manner between the Liberal Paradox and psychological approaches that posit rational actors can make irrational choices in the decision-making process when actors recognize circumstances in which they face the risk of losing their expected utility. At the end of this article, three implications of applying the Liberal Paradox to the First North Korean Nuclear Crisis will be pointed out.
著者
小川 浩之
出版者
JAPAN ASSOCIATION OF INTERNATIONAL RELATIONS
雑誌
国際政治 (ISSN:04542215)
巻号頁・発行日
vol.2004, no.136, pp.79-96,L10, 2004-03-29 (Released:2010-09-01)
参考文献数
63

The purpose of this paper is to examine how the Commonwealth has experienced enlargement and changes after the Second World War. In this attempt, particular attention is paid to South Africa's withdrawal from the Commonwealth in 1961. The Government of the Union of South Africa under H. F. Verwoerd made an application to remain within the Commonwealth as a Republic, but eventually decided, or was virtually forced, to withdraw the application as a result of strong criticism against apartheid mainly from Afro-Asian member countries. Therefore, the Republic of South Africa was established on 31 May 1961 outside the Commonwealth. As increasing number of newly-independent states joined after 1947 (when both India and Pakistan became independent and then joined as new members), the Commonwealth which had been originally formulated by Britain and six ‘white’ Dominions was transformed into a multi-racial institution. The major character of the ‘old Commonwealth’ was that the member states maintained traditional ties among the peoples of British origin and did not regard each other as ‘foreign’, while, at the same time, the mutual recognition of internal and external autonomy was the central raison d'étre. However, as newly-independent non-white countries joined one after another and the norm of racial equality was strengthened, both the old intimacy and the conventional principle of mutual non-interference were increasingly faced with strong pressure.In those changes which the Commonwealth has experienced, the disputes about apartheid among the Commonwealth countries and the departure of South Africa marked a crucial turning point. Firstly, the departure of white-dominated South Africa clearly demonstrated that the principle of noninterference in domestic affairs of member states was increasingly under pressure from the norm of racial equality. Secondly, the often uncontrollable and open rows over South Africa's racial policy symbolized the fact that the old intimacy had been largely curtailed as newly-independent members added ‘alien’ elements into the Commonwealth. Thirdly, the sequence of events culminated in South Africa's departure made some of the original members such as Britain and Australia feel increasingly discontent with the ‘new Commonwealth’ and therefore facilitated the centrifugal forces working in the Commonwealth relations. Britain's attempts to accede to the European Economic Community (EEC) and the European Community (EC) in the 1960s and the early 1970s were noticeable examples of the centrifugal tendencies. However, at the same time, the inter-Commonwealth disputes on racial issues such as South Africa's apartheid in 1960-61 and the Unilateral Declaration of Independence (UDI) by the Smith regime of Rhodesia (today's Zimbabwe) in the mid-1960s can also be considered as inevitable hurdles which the Commonwealth had to tackle in the process of becoming a truly multi-racial association.
著者
井上 浩子
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.2016, no.185, pp.185_98-185_113, 2016-10-25 (Released:2016-11-22)
参考文献数
59

This paper examines the development of judicial system building in post-1999 East Timor. Central to the following discussion is an examination of the frictions, overlaps, and interactions between the newly introduced system and locally-maintained laws and social orders. When the judicial system building process commenced, security in local communities was largely maintained by local ‘traditional’ leaders, and conflicts were solved primarily through local conflict resolution mechanisms. Was the local social orders taken into account in the process of judicial system building? If so, how? And how did the local population, living within local social orders, respond to a judicial system built under international intervention?The discussion commences by critically examining the conventional approach to understanding liberal peace-building and state-building. The mainstream literature of international peace-building and statebuilding has often regarded Western democracies as a normative goal of governance, assuming that the construction of liberal-democratic state institutions would, inherently, bring peace and stability to conflict-ridden societies. Such literature tends to overlook the locally-grown ‘traditional’ forms of law,and, moreover, regards the local society and its population as passive objects of the liberal peace-building rather than active participants in the process. Consequently, these conventional approaches tend to fail to appropriately grasp the nature of contemporary state-institution building.Taking local actors and their legal culture seriously, the subsequent sections of this paper examine the development of legal order in post-1999 East Timor. First, the formation of local social orders in Timor-Leste are placed in a historical context that highlights how encounters with external forces, such as Portugal and Indonesia, have resulted in a state of legal pluralism, where a variety of ‘traditional’ and ‘modern’ laws coexisted in one society. Attention then turns to the judicial system building in post-1999 East Timor. Led and supported by international actors, state-builders tended to focus on ‘modern’ institution building, while overlooking legal plurality, or dismissing the local legal system in East Timor. At first this modern legal system faced difficulties engaging with the local population; the formal courts were rarely used for the purpose of conflict resolution because people continued to rely on local community mechanisms to solve their day-to-day problems. However, in recent years efforts to provide access to justice—such as legal support and financial assistance—have increased interaction between the formal judicial system and the local population. As such, local law and order practices are now in a dialogue with the new institutions, and a process of constructing and reconstructing local legal orders is underway.
著者
河本 和子
出版者
JAPAN ASSOCIATION OF INTERNATIONAL RELATIONS
雑誌
国際政治 (ISSN:04542215)
巻号頁・発行日
vol.2008, no.152, pp.19-35,L6, 2008-03-15 (Released:2010-09-01)
参考文献数
57

This study illustrates the gender norms embedded in the socio-political orders in the Soviet Union in the past and in the Russian Federation in the present days, and also sketches how they differ each other and why. For this purpose the author examines following two aspects: the basic principles on women's role and the actual circumstances of women in the society.In the Soviet ideological principles, all the people, including women as well as men had to work. They thought that wage work would make women economically independent so that they would eventually be emancipated. The Soviet government actually encouraged women to find employment and in later period the number of female workers even slightly exceeded that of male, though female wages in general remained lower.This line of thought appears to exclude the existence of the gender notion. There was, however, another line. The Soviet government not only encouraged women to work but also expected them to bear children and take care of families as mothers. Women then had to do most of housework other than their daily jobs. This so-called “double burden” was mitigated to some extent by the state support in order that female workers could meet their responsibility at work and at home. In other words, family life was not simply a private matter but a matter of the state's concern.In spite of the heavy burden, women seemed to generally accept their gendered role with lower-wage work and housework duties, particularly if their husbands earned more. However, some soviet writers insisted especially in the period of Perestroika that women would prefer to stay home if possible economically.After the collapse of the Soviet Union, there have been no definite governmental principles on women's role as in the Soviet period. However, political and economic liberalism, which the new Russian government has adopted at least theoretically, has a certain influence on the women's position. Political liberalism draws a line between public and private affairs and this newly introduced ideology, combined with the severe economic crisis, has led to the cut-off of the state support to family. Economic liberalism justifies the dismissal of female workers for they are more expensive than male.Under these circumstances the number of female workers was drastically reduced. However, many women are still working and they represent almost half of the entire number of workers. Several researches show that women in Russia want to work rather than stay home even if possible economically. Same researches also demonstrate that women think that they should take the responsibility of doing housework and indeed they do so. Women's “double burden” and their attitude toward it survived the regime change at the present moment.
著者
西田 敏宏
出版者
JAPAN ASSOCIATION OF INTERNATIONAL RELATIONS
雑誌
国際政治 (ISSN:04542215)
巻号頁・発行日
vol.2004, no.139, pp.91-106,L12, 2004-11-29 (Released:2010-09-01)
参考文献数
48

The most prominent champion of internationalism in prewar Japan was Foreign Minister Shidehara Kijuro, who led Japanese diplomacy from the mid 1920s to the early 1930s. However, Shidehara's policy, while based on international cooperation, was sometimes inclined toward unilateralism. How can we explain this contradiction?In order to answer this question, this paper analyzes Shidehara's perception of Japan's position in the world, particularly in East Asia, where Japanese foreign policy was mainly pursued. This paper focuses on the period during and after World War I. For this was an important formative period for Shidehara's policy of international cooperation: It was a time when Japan faced radical changes within its diplomatic circumstances and eventually began to pursue a policy of international cooperation, which became predominant in the 1920s. It was also a time when Shidehara, Vice-Minister of Foreign Affairs in 1915-19 and then Ambassador to the United States until 1922, played an increasingly important role in leading Japanese diplomacy, thus establishing himself as leader of the new policy of internationalism.The main idea of this paper is that Shidehara had a strong conviction that Japan was in a special position in East Asia. During World War I, Shidehara pursued a policy of demanding from the Great Powers recognition of Japan's superior position in China. The underlying assumption of this policy was that Japan, unlike other powers, had vital interests in Chinese affairs, and Shidehara began not to doubt that assumption. After the war, Shidehara fairly successfully adapted himself to the worldwide trend toward international cooperation, abandoning the imperialistic policy of the past. He played a pivotal role in the rapprochement between the United States and Japan as one of the delegates at the Washington Conference of 1921-22. Shidehara, however, continued to hold the belief concerning Japan's special position in East Asia, which he declared at that very conference.Shidehara himself believed that the perception of Japan's special position in East Asia was compatible with the policy of international cooperation. Yet in reality the former would turn out to be an important constraint on the latter. Shidehara's perception of Japan's position in East Asia noted in this paper also meant putting a limit on internationalism in prewar Japan.
著者
和田 賢治
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.2019, no.196, pp.196_133-196_143, 2019-03-30 (Released:2020-04-16)
参考文献数
51
著者
飯田 敬輔
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.2015, no.181, pp.181_1-181_14, 2015-09-30 (Released:2016-06-08)
参考文献数
16

In international relations (IR), wars and other seemingly “irrational” outcomes often happen. Does that mean that actors in international relations are “irrational”? There are two main ways to answer this question. On one hand, the psychological approach searches for conditions under which human rationality breaks down; on the other hand, the rational choice approach, the subject of this special volume of International Relations, accounts for “irrational” outcomes as a result of collective decision making while assuming that actors are rational in a minimal sense. This introductory chapter starts by tracing how the rational choice approach has been accepted by the IR discipline in Japan. Despite the fact that the first introduction of game theory in this journal was in 1959, the number of articles that used rational choice or game theory remained limited. In the 1990s, however, some Japanese IR researchers who studied in the United States began to write monographs using game theory. Since then, the number of IR works applying game theory has steadily increased. The chapter summarizes key concepts in the two rational choice approaches. In the utility maximization framework, actors’ preferences are taken as data, from which utility functions are derived. One of the key conditions for preferences to be rational is that preferences induce no cycle. Utility maximization is not enough to understand strategic interactions among rational actors, and hence there is a need for game theory. In game theory, the key concepts are players, payoffs and strategies. Games are presented either in normal form or in extensive form. Also, the concept of incomplete information is very important for understanding signaling, for example. The last section summarizes the chapters in this special volume. Suzuki and Ishiguro open up the blackbox of domestic politics to clarify how foreign policy decisions are made and how they affect international outcomes. Iwanami, Hayashi, and Kohama use the concept of signaling to understand such varied aspects of international relations as peacekeeping by regional organizations, multilateralism, and individual self-defense, respectively. Chiba and Kagotani and Kimura build their rational choice models informally, yet they test their hypotheses rigorously, using quantitative data. Finally, the chapters by Hatakeyama and Choi demonstrate how rational choice can be reconciled with other approaches. This introductory chapter concludes by expressing the wish that more and more researchers will start contributing to a fuller development of the rational choice approach to international relations in the future.
著者
殷 燕軍
出版者
JAPAN ASSOCIATION OF INTERNATIONAL RELATIONS
雑誌
国際政治 (ISSN:04542215)
巻号頁・発行日
vol.1995, no.110, pp.175-188,L16, 1995-10-21 (Released:2010-09-01)
参考文献数
52

The letter to John F. Dulles from the Japanese Prime Minister Yoshida Shigeru on December 24th, 1951 is an important document of Japan's policy towards China after World War II. It has been regarded as Dulles's composition by existing research. But, in historical documents of the government of Taiwan, this writer found that when Yoshida Letter was being drafted, the government played an important role, especially in stating the keywords in the letter: “be applicable in all territories which are now, or which may hereafter be under the control of Government of the Republic of China”. And this writer proved that the important decision that includes these keywords was made not by Dulles but by the government of Taiwan under unavoidable conditions as a result of prior consultation between the United States and Taiwan.During the period of conclusion of the San Francisco Treaty, the government of Taiwan gave up the rights to make claims for reparations for Taiwan in order that the United States would support to join the treaty. However, because of the opposition by Britain and the other countries, Taiwan was forbidden to join the treaty. By considering global strategy, and furthermore to isolate China who had been fighting in Korea, the United States required Japan to settle the dispute with Taiwan and conclude the Japan-Taiwan Treaty. At that time, the United States persuaded Taiwan to yield on the problem of the treaty so that it was not applicable to mainland China and to propose a detailed scheme of it.Although Taiwan was persistent with her sovereing power over mainland China for a while, she had to propose a detailed applicable scheme of the Japan-Taiwan Treaty to the United States because of the pressure from the United States and the necessity of early conclusion of the peace treaty with Japan. The United States, on the other hand, was required by Taiwan to show the evidence that Japan would positively conclude a peace treaty with Taiwan.The word of application in the draft of Yoshida Letter which was presented afterwards by Dulles during a talk between Dulles and Yashida came from the very scheme of the government of Taiwan. The Yoshida Letter can be regarded as a result of the prior agreement between the United States and the government of Taiwan and as evidence raised by the United States to Taiwan that Japan would really conclude a peace treaty with Taiwan. The procedure of the negotiation concerning the Japan-Taiwan Treaty has also proved that the word of application came from the government of Taiwan.This article base on positivism proves the relationship between Taiwan and Yoshida Letter, which was an important document in Japan's China policy. The elucidation that Taiwan had played an important role in the procedure to draft the Yoshida Letter has practical significance to understand Japan-China relations during the early period after World War II, the relationship between the procedure of the United States's policy planning towards Japan and the government of Taiwan and the triangular relations among China, Japan and the United States.
著者
土屋 大洋
出版者
JAPAN ASSOCIATION OF INTERNATIONAL RELATIONS
雑誌
国際政治 (ISSN:04542215)
巻号頁・発行日
vol.2009, no.155, pp.155_109-125, 2009-03-20 (Released:2011-07-10)
参考文献数
30

This paper analyzes political connections using a method based on network theory. Recent developments in network theory, which have been accelerated by advances in computers and data collection, can be applied to various research areas including physics, information society studies, sociology and other social sciences.This paper uses network theory to analyze networks among U.S. senators who submitted bills related to Japan in the 109th Congress, focusing on cosponsorship of bills. Senators sometimes submit bills with other senators to make them more prospective, to gain more attentions, or just to deal with political bargains. This paper assumes that senators who co-submit bills more often have tighter connections and organize wider networks. Although it is difficult for an outsider to know who has what kinds of connections with whom in politics, it is easier to track who acted with whom in co-sponsoring bills in Congress.The results of the analysis show that Japan-related bills were led by influential leaders in the senate such as Barack Obama, Joe Biden, Hillary Clinton and Joseph Lieberman, who played important roles in the 2008 Presidential election. They were active in submitting and co-sponsoring bills and had higher scores in network indexes such as degree, between centrality, and closeness centrality. This implies two possible hypotheses. First, those influential leaders themselves were interested in Japan-related issues. Second, no specific senators were interested in the issues and that is why the influential senators seemed to be leading. These hypotheses should be tested in combination with other analytical methods.Network analysis has three advantages. First, it focuses more on relationships among actors instead of looking at the characters of individual actors. Most of conventional analysis methods look at who actors are and what they do. In contrast, network analysis focuses on who is connected to whom and how. Second, the development of network analysis and data collection could give us alternative perspectives and new results based on large amounts of data. Third, network analysis could be used not only for proving hypotheses, but also for finding new ones.Network analysis can be applied both to case studies in international relations and to enriching the theories of international relations. Actors in international relations vary from nation states (or governments), multi-national or global corporations, non-profit or non-state organizations, and even to individuals. Network analysis tells how they are connected and how they are interacting. It should reveal more dynamic relations rather than stable structures.
著者
今井 真士
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.188, pp.188_129-188_138, 2017-03-30 (Released:2018-12-19)
参考文献数
16