Subsidiarity in the Maintenance of International Peace and Security

摘要: I INTRODUCTION The allocation of authority among multiple decision-making bodies involves the prioritization one normative value over another. Subsidiarity, a principle regarding authority, favors "decentralised decision making" at lower level governance "centralised decisionmaking" higher governance. (1) Centralization here means that body's decisions restrict other actors' autonomous choices in given society. In giving preference to localized decisionmaking, subsidiarity makes particular claim places greater importance on autonomy, diversity, and individual liberty than effectiveness, coherence, unity, which demand centralized decisionmaking. (2) Catholic social thought was first articulated, (3) ultimately meant help humans flourish, one's immediate human communities were considered as best site for flourishing. (4) Given is claim, shift from another would likely accompany change foundations decisionmaking based. International law essentially embraces subsidiarity: it based each state's consent be bound by rule without any legislative body. While no established general international law, its decentralized law-making processes almost take granted idea subsidiarity, not only matter fact, but also due respect sovereign equality autonomy every state. At same time, through made, applied, enforced have been incrementally modified since mid-twentieth century establishment United Nations (UN), UN's invigoration after 1990s, growth organizations courts. active presence courts creation, application, enforcement revived question how much ought maintenance peace security, topic this article, immune subsidiarity. essence, area increasingly torn between claims centralization those decentralization. On hand, an ethos collective security under UN Charter, (5) Security Council's internationally binding prevail agreements. (6) Within framework Jachtenfuchs Krisch's introduction symposium, appears fields "in strong presumption favor local undesirable." (7) especially exercise has had significant impact rights individuals; illustrative are practices targeted sanctions, territorial administrations, ad hoc criminal tribunals. This led increased call bringing some back national more capable ensuring affected individuals. (8) Against background, article analyzes these opposite arisen with regard mandate whether there criteria balance claims. terms "subsidiarity" "decentralization" often used interchangeably; yet must reiterated broader …