| Project/Area Number |
14320011
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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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 | The University of Tokyo |
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Principal Investigator |
ONUMA Yasuaki The University of Tokyo, Graduate School of Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (50009825)
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| Co-Investigator(Kenkyū-buntansha) |
NISHIUMI Maki Chuo University, Law Department, Professor, 法学部, 教授 (50180576)
FURUYA Shunichi Waseda University, Waseda Law School, Professor, 大学院・法務研究科, 教授 (50209194)
WANG Zhi-an Komazawa University, Faculty of Law, Professor, 法学部, 教授 (40255641)
SHINODA Hideaki Hiroshima University, Institute for Peace Science, Research Fellow, 平和科学研究センター, 助手 (60314712)
TERAYA Koji The University of Tokyo, Graduate School of Law and Politics, Associate Professor, 大学院・法学政治学研究科, 助教授 (30261944)
川崎 恭治 一橋大学, 大学院・法学研究科, 教授 (70204708)
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| Project Period (FY) |
2002 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥13,700,000 (Direct Cost: ¥13,700,000)
Fiscal Year 2004: ¥4,100,000 (Direct Cost: ¥4,100,000)
Fiscal Year 2003: ¥4,600,000 (Direct Cost: ¥4,600,000)
Fiscal Year 2002: ¥5,000,000 (Direct Cost: ¥5,000,000)
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| Keywords | international law / realism / legal realism / critical legal studies / inernational community / legal positivism / international academic exchange / South Korea / 実証主義 |
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| Research Abstract |
This three-year research project has been carried out, organizing intensive semi-annual seminars among members and occasional public symposiums, through the examination of works of so-called "realist" in international legal scholarship such as Julius Stone, Hans Morgenthau, Georg Schwarzenberger, Charles de Visscher, and Prosper Weil.
During the first two-year period (2002 to 2003), we have examined possibilities of realism in international legal scholarship, reading all the major works of Stone, Schwarzenberger, and Weil. An important finding is the existence of an internal relationship between realism and legal positivism, elucidated through an investigation of their prima facie contradictory combination, as is the case with Schwarzenberger.
In the last year (2004), we set to the completion and publication of the results of the project, with an emphasis on the theoretical implication of the relationship between law and power in international society. The main results are to be published in the forthcoming year as a book temporarily titled, Law and Power in International Society.
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