紀要論文

紀要論文

text

国際公共政策研究. 2025, 30(1), p. 1-19

大阪大学国際公共政策学会

日本語

text

2025-09

This research points out the problems with the perception of international law, both the realism of international politics and the legal positivism of international law, and then focuses on the legal perceptions of legal advisors, who are foreign policy practitioners. Specifically, this paper will use the cases of the Cuban Crisis, Dominican Crisis, and Vietnam War in the Kennedy-Johnson Administration to clarify the role of legal advisers and the legal perceptions of legal advisers and policy makers. Then, based on the differences and continuities in the legal arguments in each case analysis, this paper will attempt to examine the conception of international law in U.S. foreign policy through historical methods. Through comparative case analysis, the research reveals that in American diplomacy, the case at hand was positioned as a “process of making international law,” and that there was a unique interpretation of international law that “different laws should be applied to new situations” and that the legal advisors played a central role in these cases. This paper then examines the evolution of the “legalistic-moralistic approach” criticized by George Kennan and points out the possibility that the “association of legalistic idea and moralistic ones” may have gradually drifted apart.

10.18910/102692

102692

奪われた故郷、消えぬ帰還の願い : 普天間基地と字宜野湾住民の闘い

大城, 尚子

大阪大学国際公共政策学会

日本語

2025-09

国際公共政策研究

30

1

1

19

https://hdl.handle.net/11094/102692

10.18910/102692

https://doi.org/10.18910/102692