| Project/Area Number |
15330010
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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 | Kobe University (2005-2006)
Okayama University (2003-2004) |
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Principal Investigator |
SHIBATA Akiho Kobe University, Graduate School of International Cooperation Studies, Professor, 国際協力研究科, 教授 (00273954)
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| Co-Investigator(Kenkyū-buntansha) |
KUROKAMI Naozumi Okayama University, Graduate School of Humanities and Social Sciences, Professor, 社会文化科学研究科, 教授 (80294396)
TAKAMURA Yukari Ryukoku University, Faculty of Law, Professor, 法学部, 教授 (70303518)
WATANABE Kentaro National Institute for Polar Research, Bioscience Division, Associate Professor, 生物資源資料部, 助教授 (30132715)
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| Project Period (FY) |
2003 – 2006
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| Project Status |
Completed (Fiscal Year 2006)
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| Budget Amount *help |
¥7,500,000 (Direct Cost: ¥7,500,000)
Fiscal Year 2006: ¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 2005: ¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 2004: ¥2,000,000 (Direct Cost: ¥2,000,000)
Fiscal Year 2003: ¥1,900,000 (Direct Cost: ¥1,900,000)
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| Keywords | Antarctic Treaty / International Law / International Environmental Law / Law of International Organizations / Liability / 国際法 / 国際事務局 / 南極環境 / NGO / 南極観光 |
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| Research Abstract |
This Study aims to clarify the nature and the process of the evolution of the Antarctic Treaty System (ATS) in light of the institutional and environmental challenges it faces in the recent years.
First, this study analyzed the establishment of the Secretariat of the Antarctic Treaty in 2003, from the perspective of international law and the law of international organizations. Shibata has overviewed the institutional development of the ATS, while Kurokami analyzed the history of the evolution of international secretariats, within which the significance of the establishment of the AT Secretariat was examined. A detailed analysis of the negotiating history of and the legal provisions relating to the establishment of the AT Secretariat (Shibata) demonstrated that the ecretariat, from institutional point of view, was unique in nature, as negotiating states was very careful not to establish it as an international organization. Second, as regards the environmental challenges, this study examined the so-called Liability Annex (adopted in 2005) to the Protocol on Environmental Protection to the Antarctic Treaty. This study analyzed in detail the negotiating history of the Liability Annex (Shibata) and examined its substantive content from the perspective of international environmental law (Takamura). Watanabe has also examined it from the perspective of science: its consequences for scientific activities in Antarctica.
As the result of the above research, this study came to the conclusion that the ATS, while coping with the institutional and environmental challenges, did not change its fundamental nature but evolved and strengthened it, as the System incorporated the general tenets of international law developments into its adaptation process, thereby demonstrating its resilience.
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