| Project/Area Number |
11694032
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| Research Category |
Grant-in-Aid for Scientific Research (A)
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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 | Kagawa University |
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Principal Investigator |
ISHIBASHI Kanami Kagawa University, Faculty of Law, Associate Professor, 法学部, 助教授 (70253250)
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| Co-Investigator(Kenkyū-buntansha) |
TAKASUGI Naoshi Tezukayama University, Faculty of Law & Policy, Associate Professor, 法政策学部, 助教授 (60243747)
YAMADA Kengo Kagawa University, Faculty of Law, Associate Professor, 法学部, 助教授 (10314907)
FURUYA Shuichi Kagawa University, Faculty of Law, Professor, 法学部, 教授 (50209194)
MINAMI Yuko Tsuda College, Faculty of Liberal Arts, Lecturer, 学芸学部, 講師 (00305864)
KOYANO Mari University of Shizuoka, Faculty of International Relations, Associate Professor, 国際関係学部, 助教授 (90212753)
西村 弓 上智大学, 法学部, 助教授 (50282512)
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| Project Period (FY) |
1999 – 2001
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| Project Status |
Completed (Fiscal Year 2001)
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| Budget Amount *help |
¥23,080,000 (Direct Cost: ¥20,800,000、Indirect Cost: ¥2,280,000)
Fiscal Year 2001: ¥9,880,000 (Direct Cost: ¥7,600,000、Indirect Cost: ¥2,280,000)
Fiscal Year 2000: ¥6,600,000 (Direct Cost: ¥6,600,000)
Fiscal Year 1999: ¥6,600,000 (Direct Cost: ¥6,600,000)
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| Keywords | international environmental low / compliance / climate change / biodiversity / hazardous waste / environmental damage / environment and trade / WTO / 紛争処理 / 多数国間環境条約 / 実施 / 環境法 / ワシントン条約 / ハンゼル条約 / 気候変動枠組み条約 / バーゼル条約 |
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| Research Abstract |
There is no doubt that the global environmental protection is the most important agenda in international society. Since 1972 Stockholm Human Environment Conference, it is recognized the lack of law on international environmental protection and has rapidly made treaties for the purpose of environmental protection. As a result, there are a lot of treaties of environmental protection. But these environmental treaties, general principle and so on are not quite implemented adequately. For example, some treaties do not work after all and become sleeping treaties. Since 1992 Earth Summit, it has rapidly address implementation of international environmental law, that is compliance of international environmental law. Then, the purpose of our project for three years is examination of multilateral environmental agreements whether is properly implemented in the international level and domestic level through the analysis(study) of main agreements. And also we try to theoretically and practically co
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nsider about state responsibility, international compensation, civil liability and free trade. Ultimately we seek to analyze the substance of compliance on international environmental law.
On first year our project addressed compliance for setting the framework of conceptual analysis. First, we tried to identify the nature of obligation to comply with international environmental law from the point of view of hard law and soft law. Then, we deliberated policy instruments and economic instruments enhancing compliance on each dimensions and also compliance on the domestic level. On second year we especially addressed Asia-Pacific region because there are some arguments which level is effective in working on compliance with environmental law on the international (global), regional(EU, north America, south America and Asia-Pacific) and national level.
As a result, we found that it is better to attempt the settlement of certain environmental problem on regional level firstly, not on global level. On last year we addressed Environment and Trade because after the study of 1999 and 2000 it emerged the need to resolve the interference with environmental protection and free trade enhancing effective compliance with environmental law. As a result, it is pointed out some problem that free trade institutions, for example WTO, are not necessarily positive with environmental protection. Less
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