| Project/Area Number |
21730042
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
International law
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| Research Institution | Nagoya University |
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Principal Investigator |
YOKOMIZO Dai 名古屋大学, 法学研究科, 教授 (00293332)
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| Project Period (FY) |
2009 – 2011
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| Project Status |
Completed (Fiscal Year 2011)
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| Budget Amount *help |
¥4,160,000 (Direct Cost: ¥3,200,000、Indirect Cost: ¥960,000)
Fiscal Year 2011: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2010: ¥2,080,000 (Direct Cost: ¥1,600,000、Indirect Cost: ¥480,000)
Fiscal Year 2009: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
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| Keywords | 国際私法 / 抵触法 / 公私協働 / 知的財産 / 主権免除 / インターネット / 法整備支援 / 投資協定仲裁 / 子の奪い合い / 外国公法 / グローバル化 / 代理懐胎 / 仲裁 / 非国家的規範 / 独占禁止法 / 効率性 |
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| Research Abstract |
a) As for dispositions for state policies, different concepts such as"public law","alien law","procedural law"and"mandatory applicable rules"have been used and they have been discussed separately. However, all these rules should be considered as"mandatory applicable rules"and should be dealt with in a uniform way. b) As response from conflict of laws to globalization, two apparently contradictory trends can be seen : the one that extends the party autonomy ; the other that promotes the cooperation between states regarding state policies. As a conflict of laws model which could be appropriate under the age of globalization, the following model is suggested here : on the one hand, the party autonomy should be accepted so far as it can be justified from the viewpoint of enhancing the predictability of parties ; on the other hand, the application of foreign mandatory applicable rules should be accepted under certain conditions ; however, direct claims based on a foreign mandatory rule should not be accepted and they should be resolved in accordance with bilateral or multilateral aid such as treaties.
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