Judicial Control of Creation and Mutation of States
| 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.
|
Report
(3 results)
Research Products
(3 results)
