1999 Fiscal Year Final Research Report Summary
The Principle of Use of Force in Contemporary International Law : Its Situation
| Project/Area Number |
09420006
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Kyoto University |
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Principal Investigator |
NISHII Masahiro Kyoto Univ. Gr. Schl. Human 」ヲ Envl Studies, Prof., 大学院・人間・環境学研究科, 教授 (60025161)
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| Co-Investigator(Kenkyū-buntansha) |
ANDO Nisuke Doshisha Univ. Faculty of Law, Professor, 法学部, 教授 (20026777)
IDA Ryuichi Kyoto Univ. Gr. Schl. of Law, Professor, 大学院・法学研究科, 教授 (40127543)
SUGIHARA Takane Kyoto Univ. Gr. Schl. of Law, Professor, 大学院・法学研究科, 教授 (30004154)
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| Project Period (FY) |
1997 – 1999
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| Keywords | contemporary international law / the principle of use of force / norm making process / international security / international cooperation / multilateral environmental agreements / the non-compliance procedure / the political issue theory |
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| Research Abstract |
This research focuses on the principle of use of force from perspectives of the norm making process in contemporary international law, the implication between the constitutional law and public international law, the non-compliance procedure in multilateral environmental agreements and the political issue theory of the International Court of Justice as well as the law of war and the international security theory,
The outlawry of war being descended from the First World War has been explicitly ruled in the United Nations Charter in that all members shall refrain from the threat and use of force. Nevertheless, we have a room for discussion concerning the position of the principle of use of force and its effectiveness of securing systems.
Sharing this basic recognition, the investigators have dealt with each own interested issue all the way of the research project so far Prof. IDA has considered the norms of international law and its making process. Prof. ANDO has evaluated the Japanese constitutional law on a perspective of international security in the context of international cooperation and has considered the law of war with reference to the Japanese attitudes. Prof. NISHII has scrutinized the role of the non-compliance procedures in multilateral environmental agreements and its possibility of future development. Furthermore, Prof. SUGIHARA has focused on the political issue theory in the International Court of Justice. Each investigator has made up his work into articles.
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