Judicial Control of Creation and Mutation of States

Research Project

Project/Area Number	24730035
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Multi-year Fund
Research Field	International law
Research Institution	Chiba University
Principal Investigator	FUJISAWA Iwao 千葉大学, 人文社会科学研究科(系), 准教授 (20375603)
Project Period (FY)	2012-04-01 – 2014-03-31
Project Status	Completed (Fiscal Year 2013)
Budget Amount *help	¥2,080,000 (Direct Cost: ¥1,600,000、Indirect Cost: ¥480,000) Fiscal Year 2013: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000) Fiscal Year 2012: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Keywords	国家 / 主権 / 国際司法裁判所 / 国際法
Research Abstract	This research studies the role of international judicial organs such as International Court of Justice (ICJ) in controlling creation and mutation of states in international law. For this purpose it is investigated firstly whether ICJ has refrained from judging the questions of creation and mutation of states and secondly how such judicial restraints may be justified if in fact ICJ has taken such attitude. As for the first question it is observed that ICJ had in fact deferred the questions to the political organs of the United Nations and recognition by states. With regard to the second one it is argued that ICJ's tendency to judicial restraints may be either based on the division of power among the United Nations organs in accordance with the United Nations Charter or justified by the doctrine of political disputes that matters regarding very existence of states is not susceptible to judicial decision.