戦勝国の一方的な領土処分は合法か？
投稿者： henchin_pokoider01 投稿日時： 2009/02/21 15:19 投稿番号： [17349 / 18519]
SCAPINが領土処分でないことは本文にかかれているけど、もし占領中に連合国が一方的な領土処分をしたとしてもそれは違法性のあるものであり、講和条約等によって法的治癒がなされなければならない。
PRINCIPLES OF PUBLIC INTERNATIONAL LAW by Ian Brownlie
P130-132
ROOTS OF TITLE
(e) Disposition by joint decision of the principal powers
After the defeat of the Central Powers in the First World War, and the Axis Powers in the Second World War, the leading victor states assumed a power of disposition, to the exercised jointly, over the territory of the defeated states. In the years 1919 and 1920 decisions were taken by the Supreme Council of Allied and Associated States; in 1943 and 1945 by meetings of leaders at Tehran, Yalta, and Potsdam, and subsequently by meetings of Foreign Ministers, States losing territory as a consequence of dispositions in this wise might, and often did, renounce title by the provisions of a peace treaty to the areas concerned, but the dispositions were usually in possession prior to the coming into force of a peace treaty. The existence of this power of disposition or assignment is recognized by jurists, but they find it difficult to suggest, or to agree upon, a satisfactory legal basis for it. Some translate political realities into legal forms by supposing that the community of states has delegated such a power to the ‘principal’ or ‘great’ powers. Others, at least in relation to the Second World War, postulate a right to impose measures of security, which may include frontier changes, on an aggressor consequent on his defeat in a war of collective defence and sanction.
Much turns on the extent to which recognition and acquiescence may counteract any elements of illegality which may infect such procedures in some cases. Disposition of the kind normally are recognized by multilateral peace treaty or otherwise. In same cases, for example, the Geneva Conference of 1954, in regard to Indo-China, the express delegation of power prior to agreed disposition of territory ensures that a certain number of states are bound to accept the results of procedure.
PRINCIPLES OF PUBLIC INTERNATIONAL LAW by Ian Brownlie
P130-132
ROOTS OF TITLE
(e) Disposition by joint decision of the principal powers
After the defeat of the Central Powers in the First World War, and the Axis Powers in the Second World War, the leading victor states assumed a power of disposition, to the exercised jointly, over the territory of the defeated states. In the years 1919 and 1920 decisions were taken by the Supreme Council of Allied and Associated States; in 1943 and 1945 by meetings of leaders at Tehran, Yalta, and Potsdam, and subsequently by meetings of Foreign Ministers, States losing territory as a consequence of dispositions in this wise might, and often did, renounce title by the provisions of a peace treaty to the areas concerned, but the dispositions were usually in possession prior to the coming into force of a peace treaty. The existence of this power of disposition or assignment is recognized by jurists, but they find it difficult to suggest, or to agree upon, a satisfactory legal basis for it. Some translate political realities into legal forms by supposing that the community of states has delegated such a power to the ‘principal’ or ‘great’ powers. Others, at least in relation to the Second World War, postulate a right to impose measures of security, which may include frontier changes, on an aggressor consequent on his defeat in a war of collective defence and sanction.
Much turns on the extent to which recognition and acquiescence may counteract any elements of illegality which may infect such procedures in some cases. Disposition of the kind normally are recognized by multilateral peace treaty or otherwise. In same cases, for example, the Geneva Conference of 1954, in regard to Indo-China, the express delegation of power prior to agreed disposition of territory ensures that a certain number of states are bound to accept the results of procedure.
固定リンク：https://yarchive.emmanuelc.dix.asia/1835396/cddeg_1/17349.html