神戸大学附属図書館デジタルアーカイブ
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https://doi.org/10.24546/00074107
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2024-04-25
18:46 集計
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00074107 (fulltext)
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メタデータID
00074107
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open access
出版タイプ
Version of Record
タイトル
国際連合の経費に関する再考察:国際公共財の形成に向けて
コクサイ レンゴウ ノ ケイヒ ニ カンスル サイコウサツ:コクサイ コウキョウザイ ノ ケイセイニ ムケテ
その他のタイトル
Reexamining the Certain Expenses of the United Nations : Toward a Coherent Financing of the U.N. as International Public Goods
著者
著者名
猪又, 忠徳
Inomata, Tadanori
イノマタ, タダノリ
所属機関名
神戸大学大学院国際協力研究科
収録物名
国際協力論集
巻(号)
8(3)
ページ
19-37
出版者
神戸大学大学院国際協力研究科
刊行日
2001-02
公開日
2007-05-28
抄録
In response to the question of the General Assembly, the International Court of Justice gave its Advisory Opinion on 20 July 1962 in which it affirmed that the expenditures authorized by the General Assembly on the United Nations Operation in the Congo and the operations of the United Nations Emergency Force respectively undertaken in pursuance of the Security Council resolutions and the Assembly resolutions constitute “expenses of the Organization" within the meaning of Article 17, paragraph 2, of the Charter of the United Nations. The matter arose when France and the USSR refused to pay the assessed contributions apportioned to them for the operations that they had opposed to establish. The contention of these countries consisted in refusing the competence of the Assembly to undertake action in the resolution of conflicts as well as the power of Assembly to authorize expenditures on the action of the Organization in the field of maintenance of peace and security. The Court upheld its opinion on the ground that both the Council and the Assembly authorized the operations within their competences to achieve a purpose of the United Nations and that the expenditures authorized for that purpose did constitute the expenses of the Organization. Since the Assembly has the fiscal power to assess and apportion the expenses, the amounts of contributions thus established by the Assembly for the operations of ONUC and UNEF constituted the obligations of the Member States. The Court gave no generic definition of “expenses of the Organization" and rather seemed to prefer determining them throughout the process of the legislative organ's adopting a resolution purported for the maintenance of international peace and security as well as the budgeting and administration of the expenditures for this purpose. The author tested the relevance of the Opinion of the Court for the present U.N., in the light of the evolution and development of programme budgeting and the practice of peace-keeping financing. The following points have been identified in the Opinion as the factors which have impacted on the determination of the “expenses" in the ensuing work of the United Nations: its assertion of the legal obligation of Member States to pay assessed contributions for these operations; the determination of the “expenses" through the dynamics of the budgeting process of the Organization; and the devolving of the decisive competence for the Assembly to appropriate and assess the expenses. They proved favorable to enhancing the role of the U.N.as international public goods. However, the end of the Cold War has reversed the balance of competence from the Assembly to the Council the latter appearing to act increasingly unconstrained to take virtual decisions on financing. In the case of the financing of the PKOs and the related enforcement actions in the former Yugoslavia the decision of which was the prerogative of the Security Council, the Council has determined these operations as purporting to achieve the objectives of the Organization, i.e. action with respect to threats to the international peace and security. In this context, while indiscriminately approving certain enforcement actions carried out by Member States outside the competence of the United Nations, the Council has expected the expenses incurred on them be considered as the expenses of the Organization. This has led the General Assembly to automatically fund the operations through assessments on member States as the Assembly takes financial decision by its consensus procedure that protects the P-Five's interest.
カテゴリ
国際協力研究科
国際協力論集
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8巻
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8巻3号(2001-02)
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資源タイプ
departmental bulletin paper
言語
Japanese (日本語)
ISSN
0919-8636
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AN10418744
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110000551577
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