| Co-Investigator(Kenkyū-buntansha) |
戸田 五郎 姫路獨協大学, 法学部, 助教授 (90207580)
NISHII Masahiro Graduate School of Human and Environment, Kyoto University, Professor, 大学院・人間環境学研究科, 教授 (60025161)
KITAMURA Yasuzo Department of Law, Kumamoto University, Professor, 法学部, 教授 (30153133)
阿部 浩己 神奈川大学, 法学部, 助教授 (90222645)
KAWASHIMA Yoshio Department of Law and Policy, Tezukayama University, Professor, 法政策学部, 教授 (50028007)
IMAI Tadashi Department of International Studies, Utsunomiya University, Associate Professor
MIYAGAWA Shigeo Department of Arts, Doshisha Women's University, Associate Professor
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| Research Abstract |
The aims of the human rights treaty can be achieved only by a full realization of the treaty obligations in each State Party. Therefore, a study on the domestic implementation of the treaty concerned is essential for the assessment of effectiveness of international protection of human rights by the treaty. In this study, each of us examines the domestic implementation of treaties in the particular States. The Statea which we take up for this study are the United States of America, France, Germany, Netherlands, United Kingdom, New Zealand, Canada, Australia and Japan.
In this study, we can gain new and important knowledge which contributes to the development of a study on International Human Rights Law in Japan. Examples are as follows. (1) Throughout this study, we examine many judicial cases which invoke international human rights treaties in each State, especially those in Germany, United Kingdam, New Zealand and Canada. (2) We can gain the latest information concerning refugee policies in the United States of America and France. (3) We can know the impact of the judgment of European Court of Human Rights on extradition cases in Netherlands. (4) Among the judicial cases in States which adopt a transformation model concerning domestic implementation of treaties, there are some interesting cases which in effect "directly apply" the human rights treaties (in New Zealand and Australia). These cases are insufficiently known in Japan. (5) In the study on Japan, we examine the latest judicial case which invoke human rights treaties and instruments.
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