1996 Fiscal Year Final Research Report Summary

RESEARCH ON APPLICATION OF INTERNATIONAL LAW IN JUDICIAL DECISION IN JAPAN

Research Project

Project/Area Number	06301058
Research Category	Grant-in-Aid for Scientific Research (A)
Allocation Type	Single-year Grants
Section	総合
Research Field	International law
Research Institution	SCHOOL OF LAW,NAGOYA UNIVERSITY
Principal Investigator	MATSUI Yoshiro NAGOYA UNIVERSITY,SCHOOL OF LAW,PROFESSOR, 法学部, 教授 (00022418)
Co-Investigator(Kenkyū-buntansha)	TANAKA Norio RYUKOKU UNIVERSITY,FACULTY OF LAW,PROFESSOR, 法学部, 教授 (40148391) YAKUSIJI Kimio RITUMEIKAN UNIVERSITY,FACULTY OF LAW,PROFESSOR, 法学部, 教授 (50144613) OKADA Izumi NANZAN UNIVERSITY,FACULTY OF LAW,ASSOCIATE PROFESSOR, 法学部, 助教授 (10024093) SABURI Haruo NAGOYA UNIVERSITY,SCHOOL OF LAW,PROFESSOR, 法学部, 教授 (70093036) MATSUDA Takeo OSAKA CITY UNIVERSITY,FACULTY OF LAW,PROFESSOR, 法学部, 教授 (30022437)
Project Period (FY)	1994 – 1996
Keywords	INTERNATIONAL LAW / ADOPTION OF INTERNATIONAL LAW / DATA BASE ON ADOPTION OF INTERNATIONAL LAW AT JAPANESE COURT / INTERNAL EFFECT OF INTERNATIONAL LAW / SELF-EXECUTING TREATIES / 国際法判例データー・ベース
Research Abstract	(1) THE PURPOSE OF THIS RESEARCH IS TO COLLECT AND TO ANALYZE JUDICIAL DECISIONS OF JAPAN IN THAT NORMS OF INTERNATIONAL LAW WERE ADOPTED,AND TO MAKE CLEAR THE REALITIES OF ADOPTING OF NORMS OF INTERNATIONAL LAW IN JUDICIAL DECISIONS OF JAPAN.IN THE PROCESS OF THAT,DATA BASE ON CASES IN THAT NORMS OF INTERNATIONAL LAW WARE ADOPTED WILL BE CONSTRUCTED WHICH WOULD BECOME BASE TO STUDY JUDICIAL DECISIONS IN JAPAN. (2) WE CONTINUED TO RESEARCH JUDICIAL DECISIONS OF JAPAN IN THAT NORMS OF INTERNATIONAL LAW WERE ADOPTED DURING 1991-1993 AND PUBLISHED ON THE JOURNAL OF INTERNATIONAL LAW AND DIPLOMACY (KOKUSAIHO GAIKO ZASSI). IT BECOMES CLEAR THAT THE NUMBER OF THE CASES IN THAT NORMS OF INTERNATIONAL LAW WERE ADOPTED ROSE RAPIDLY,AND THAT THE THEORY TO ADOPT INTERNATIONAL LAW AND THE WAY TO INTERPRET TREATIES IN THE INTERNAL CASE BECOME FINE. (3) IT WAS PREPARED TO CONSTRUCT DATA BASE ON CASES IN THAT NORMS OF INTERNATIONAL LAW WERE ADOPTED.THE DATA BASES TAHT WERE ALREADY CONSTRUCTED WERE EXAMINED AND POINTED OUT SHORTCOMINGS.AND THE DATA BASE OF 1986-93 HAD ALMOST BEEN CONSTRUCTED. (4) IN THE FUTURE,IT WILL BE NECESSARY TO CONSTRUCT DATA BASE FROM MEIJI AREA TO TODAY AND DATA BASE IN ENGLISH.