2001 Fiscal Year Final Research Report Summary
Study on the New Roles of International Law in Dealing with International Conflicts and Claims
| Project/Area Number |
12620034
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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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 | The University of Tokyo |
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Principal Investigator |
NAKATANI Kazuhiro The University of Tokyo, Graduate School of Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (60164216)
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| Co-Investigator(Kenkyū-buntansha) |
HASEGAWA Masakuni Fukuoka University, Faculty of Law, Professor, 法学部, 教授 (80148858)
SHIROYAMA Hideaki The University of Tokyo, Graduate School of Law and Politics, Associate Professor, 大学院・法学政治学研究科, 助教授 (40216205)
NAKAGAWA Junji The University of Tokyo, Institute of Social Science, Professor, 社会科学研究所, 教授 (20183080)
KAWANO Mariko Tsukuba University, Department of Social Science, Associate Professor, 社会科学系, 助教授 (90234096)
YAMAMOTO Ryo Saitama University, Faculty of Liberal Arts, Associate Professor, 教養学部, 助教授 (30272024)
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| Project Period (FY) |
2000 – 2001
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| Keywords | international adjuation / Iran-US Claims Tribunal / UN Compensation Committee / compliance / international rulings / International Court of Justice / international arbitration / self-contained regime |
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| Research Abstract |
We studied in depth the following three subjects: (1) recent mass claims settlement systems including the United Nations Compensation Committee, the Iran-United States Claims Tribunal, the Commission for Real Property (in Bosnia and Herzegovina), (2) the real situation concerning compliance with the ICJ judgments and arbitral awards, (3) effectiveness of the reparation rule contained in State responsibility. The conclusions are as follows. As to the first subject, these ad hoc institutions are effective in settling claims in each case. It is expected that the United Nations establish a general body in dealing with future claims or at least establish ad hoc bodies whenever the UN is involved in the conflict. As to the second point, we have to take care not only the non-compliance with the judgment but also the national opinion of the losing State, as the latter might worsen or complicate the conflict. As to the third point, although every textbook states that an internationally wrongful act gives rise to the obligation of reparation, in reality, the admission of responsibility and reparation is rare.
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