1992 Fiscal Year Final Research Report Summary
Transformation of the Law of State Responsibility Under International Law
| Project/Area Number |
03620010
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | Nagoya University |
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Principal Investigator |
MATSUI Yoshiro Nagoya University, School of Law, Professor, 法学部, 教授 (00022418)
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| Co-Investigator(Kenkyū-buntansha) |
SUN Zhan-kun Nagoya University, School of Law, Assistance, 法学部, 助手 (90236167)
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| Project Period (FY) |
1991 – 1992
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| Keywords | 1930 Codification Conference / Primary Rules / Law of State Responsibility / Condification of International Law / International Law Commission / Traditional International Law / Secondary Rules / Structural Change of the International Community |
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| Research Abstract |
1.The traditional law of State responsibility focussed on the responsibility of State for damage done in its territory to foreigners, because the traditional international law itself was a legal catalyzer for the capitalist world market. This research surveys the process of transformation of such traditional law into the law of State responsibility for international wrongful acts in general of State , during the United Nations codification efforts.
2."The Transformation of the Law of State Responsibility at the United nations -- The Transformation of the Law of State Responsibility (2)--"(Kokusaiho Gaiko Zassi, Vol.91 No.4, 1992) examined the process and backgrounds of the above-mentioned transformation of law of State responsibility in the deliberation of the United Nations organs from 1949 to 1963. This transformation was necessitated by a structural change of the international community since the Second World War. In order to secure codification of the law of State responsibility in a "divided world" it was considered inevitable to focus on the "secondary rules" divorced from the "primary rules", on which views of States often conflicted severely.
"The Law of State Responsibility in the 1930 Codification Conference -- a Plerude for the Transformation of the Law of State Responsibility"(in,Shoichi Kidana, et al., eds, Contemporary Issues of International Economic Law, Toshindo, to be published in 1993) makes it clear that though the 1930 Conference has failed to codify the law of State responsibility because of antagonism of States concerning the "primary rules" on the treatment of foreigners, a wide range of agreement has been established on the "secondary rules", and a view has already been asserted that the Conference has to focus on the "secondary rules" in order to secure condification in this field of law.
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