現代国際政治理論の相克と対話
WMD不拡散と国連安保理による規範の形成
ガバナンス論の視座から
2009 年 2009 巻 155 号 p. 155_61-75
詳細
2009 年 2009 巻 155 号 p. 155_61-75
The decade since the mid 1990's has seen emerging global challenges to tackle weapons of mass destruction (WMD) proliferation following a series of incidents concerning such proliferation and its means of delivery Moreover, the terrorist attack of 9.11 has proved that an asymmetrical threat of an attack by the non-state actor needs to be contended immediately. Therefore, a prompt response to norm building becomes an issue of urgency to the international community.
To meet such problem, some of the permanent members of the UN Security Council have took initiative to adapt the UNSCR1540, which calls upon every members of the United Nations to prioritize and systematize its national legal frameworks for curtailing proliferation against the non-state actor. Furthermore, UNSCR1540 is empowered under the chapter 7 of the Charter of the UN. National implementation of the resolution is a subject of assessment for the “UN 1540 Committee” consisting of the members of the Security Council. That means, every UN members now must comply with the legal obligation to follow the ‘code of conducts’ under the resolution. The merit of such approach is that it is prompt to fill the gaps of the international law On the other hand, allowing the UN Security Council to establish binding legal framework brought on active debates over its pros and cons.
The study focuses on such coerciveness and intrusiveness of the UNSCR1540 to examine its theoretical perspective, which is different from realism based on anarchy of international system, liberal institutionalism, or governance theories.
It argues the advantages and disadvantages of the UN Security Council's establishment of the international norm through the process of norm building inside the UN Security Council, norm adaptation among the UN member states and unique governance mechanism of the “UNSCR1540 Regime.” Then it concludes that the norm building by the limited number of great powers bypassing treaty negotiation makes the regime somewhat irregular and that such should be unorthodox and extraordinary.
