「規範の学校」としての欧州安全保障協力機構-旧ソ連諸国における民主的軍統制の国内法制化-

国際政治研究の先端3

抄録

The existing literature argues that NATO membership has been an effective incentive for the democratic control of armed forces (DCAF) in post-communist Europe. It also points out considerable delay in establishing DCAF in the countries that are not likely to be candidates for NATO membership in the near future: typically, the Commonwealth of Independent States (CIS) countries (the former Soviet states excluding the three Baltic countries). On the other hand, the literature pays little attention to the role of the Organization for Security and Co-operation in Europe (OSCE) in this area.
This article argues that norm setting and the international promotion of norm implementation on the OSCE platform have contributed to the domestic legalization of DCAF in the CIS states. In this argument, the OSCE is regarded, not as teacher or nanny of norms (independent actor in international politics), but as a school of norms (site or process of norm teaching). This is a case illustrating the Constructivist functions of the OSCE process to re-constitute the “democratic state” at the international level by adding a DCAF element to democracy, and then literally to constitute the legal constitutions of the former communist countries.
The main body of this article is divided into four sections. The first section outlines the DCAF regime developed at the OSCE, which consists of the two Documents of the Copenhagen and Moscow Meetings of the Conference of the Human Dimension (1990 and 1991) and the Code of Conduct on Politico-Military Aspects of Security (1994).
In the next two sections, I analyze norm setting and the promotion of norm implementation within the OSCE framework respectively. Legitimization based on OSCE principles, politically binding nature, and the consensus rule are three basic features of OSCE norm setting. Its activities to promote the implementation of the DCAF regime include follow-up conferences, information exchange, seminars, and comments on constitutional drafts and bills. I also identify teachers and students of the DCAF regime.
Fourthly, this article examines the impact of the OSCE process on national legislation in the CIS region. The DCAF norms, especially democratic decision on the use of force, the political neutrality of armed forces, and a ban on irregular forces, influenced the CIS constitutions adopted or amended nearly one year after the adoption of the OSCE Code of Conduct in December 1994. At the law level, the CIS countries have enacted some or all of the laws on defense, the state of emergency, mobilization, military service, alternative service, and the status of persons since 1994.