序論　「正義と国際社会」

抄録

This special issue focuses on international justice. It is only in the past three decades that a sustained effort has been made to develop analyses of international justice drawing upon the traditional concerns of domestic justice. Topics such as what comprises a ‘just war’, a just international order, international social justice and transitional justice have now been placed at the forefront of analyses of international justice. I will briefly describe below the international context from which the broad concept of international justice has arisen.
The international order has, in effect, been built by those dominant nations which have sought to exercise control over a unified world. States act in such a way as to preserve the international order, thus serving to maintain and enhance their security and prosperity. Therefore ‘international peace’ can act as a slogan by which to keep peace for those who feel strong enough to impose this order on others. The twin concepts of international peace and international order, however, have been used so freely for the purpose of justifying the ascendancy of dominant states that they have fallen into conceptual disrepute with the dissatisfied states. Consequently, these dissatisfied states are challenging the international order of dominant states in the name of conducting an act of ‘just intervention’ or a ‘just war’.
International relations increasingly resemble the relations and characteristics of domestic society. Yet, the tradition of international political theory has been virtually silent on the matter of international distributive justice. However, the widening gap between rich and poor countries caused by the pursuit of uncoordinated and uncontrolled growth policies by national governments, has led to increasing demands from the least developed and developing countries for more equitable terms of participation and engagement in global politics and economics. Notably, these countries have started to challenge the international economic order in the name of international social justice.
At the end of the 20th century, a new type of international justice, transitional justice, came to be pursued at a time of significant global transition, beginning with the Latin American transitions from dictatorship, and followed by the transitions seen in the post-communist states in the 1990s. Transitional justice comprises the full range of processes and mechanisms associated with international society’s attempt to come to terms with a legacy of large-scale historical abuses in order to ensure accountability, serve justice, and achieve reconciliation. Transitional justice is also frequently found in the aftermath of violent conflict and following a sustainable peace-building phase. Finally, the issue of intervention in the internal affairs of a sovereign state has increasingly come to be the subject of discussion as the relatively new concept of ‘responsibility to protect’ (R2P) gains currency in international relations discourse.
This special issue is an attempt to explore three aspects of international justice. The first two articles deal with the concepts of legitimacy and justice in the context of international intervention, the next five articles with transitional justice, and the last two contributions examine the relatively new notion of the responsibility to protect.