| Co-Investigator(Kenkyū-buntansha) |
TAIRA Satoru Osaka City Uni. School of Law, Professor, 法学部, 教授 (20163149)
HASEGAWA Masakuni Hukuoka Uni. School of Law, Professor, 法学部, 教授 (80148858)
YAMADA Chusei Waseda Uni. School of Law, Professor, 法学部, 教授 (60287927)
KURODA Hideji Tohoku Gakuin University, School of Law, Assistant Professor, 法学部, 助教授 (70275600)
江藤 淳一 東洋大学, 法学部, 助教授 (20193998)
清水 章雄 早稲田大学, 法学部, 教授 (70142784)
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| Budget Amount *help |
¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 1998: ¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 1997: ¥900,000 (Direct Cost: ¥900,000)
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| Research Abstract |
This research concerns today's significance of arbitration, in particular the functions of arbitration as a peaceful means for settling of international disputes. Each of the five members undertakes part of the research. The report containing the research product consists of six chapters. Chapter 1, "General Theory", is concerned mainly with general issues, such as the form of arbitration, selection of arbitrators, the terms and effects of arbitration, among the functions of arbitration. In Chapter 2, four arbitral cases in which Japan was involved are dealt with, that is, the case of Peiho, the Maria Luz case, the case of rejection of entry of Japanese immigrants and the House Tax Case. In each case, the arbitration processes are described in detail. Chapter 3, "Arbitration of the first half of the 20th century", concerns the problem of appeal between arbitration and judicial tribunals. This problem shows the close relationship between arbitration and judicial settlement. And it clarifies the decrease in the distinction between the two legal procedures. Chapter 4, "Arbitration of the second half of the 20th century", concerns the control of arbitration by the ICJ in the relationship between arbitration and judicial settlement. Chapter 5, "Disputes between private investors and foreign states", deals with two dispute settlement fora, that is, the International Centre for Settlement of Investment Disputes and the Iran-American Claims Commission. The concluding Chapter 6 deals with the increasing trends towards assimilation of arbitration to judicial settlement and vice versa. It will be made clear that the coexistence of two procedures is mutually advantageous.
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