| Project/Area Number |
11620034
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Kansai University |
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Principal Investigator |
SAKAMOTO Shigeki Kansai University, Faculty of Law, Professor, 法学部, 教授 (20117576)
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| Co-Investigator(Kenkyū-buntansha) |
HIGASHI Taisuke Osaka University of Foreign Studies, Faculty of Foreign Languages, Professor, 外国語学部, 教授 (60068608)
NAKAMURA Osamu Kobe University, Graduate School of International Cooperation Studies, Professor, 大学院・国際協力研究科, 教授 (60032710)
FUJITA Hisakazu Kobe University, Faculty of Law, Professor, 法学部, 教授 (70067619)
YAKUSHIJI Kimio Ritsumeikan University, Faculty of Law, Professor, 法学部, 教授 (50144613)
TANAKA Norio Ryukoku University, Faculty of Law, Professor, 法学部, 教授 (40148391)
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| Project Period (FY) |
1999 – 2000
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| Project Status |
Completed (Fiscal Year 2000)
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| Budget Amount *help |
¥3,500,000 (Direct Cost: ¥3,500,000)
Fiscal Year 2000: ¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 1999: ¥1,700,000 (Direct Cost: ¥1,700,000)
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| Keywords | Preamble / Conclusion of Treaties / Provisional Application of Treaties / Observance of Treaties / Suspension of the Operation of Treaties / Severance of Diplomatic Relations / Final Provisions / Treaty Law Research in Japan / 国内法と条約の遵守 / 寄託者 / 条約の締結 / 全権委任状 / 紛争解決 / 条約の留保 / 条約と第三国 |
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| Research Abstract |
We have studied the series of articles relating "Preamble", "Conclusion of Treaties", "Reservation", "Provisional Application of Treaties", "Observance of Treaties", "Treaties and Third States", "Suspension of the Operation of Treaties", "Procedures", "Depositaries", "The Effect of Severance of Diplomatic Relations on Treaties", "Final Provisions", and the path of the treaty law research in Japan, for two years. Because the number of the characters is limited.. we must be satisfied by referring to them in some points.
"Preamble" is the preamble of the Vienna Convention on the Law of Treaties, and it doesn't show a method with the preamble that it should be drafted before the preparation of a certain treaty. The present article 6 was consisted of two clauses by the draft article of ILC.But, the second clause was removed by the strong opposition of some of the federal countries. A new problem was brought forward by the Agreement relating to the Implementation of Part Xl of the United Nations Convention on the Law of the Sea. Given the preparatory work of the article 57, it may be pointed out that it is considered as a codification of existing customary law.
We want to state a word about the path of the treaty law research in Japan. As a result of searching the footprint of the Japanese treaty practice before the Second World War, it was found out that it could be short of present or future model. It is thrown away, and the past passes, but it wants to think to be the thing to have wisdom for the better future.
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