2006 Fiscal Year Final Research Report Summary
Protection of the Persons and Property of Foreigners in the Modern International Law
| Project/Area Number |
15530034
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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 | NAGOYA UNIVERSITY |
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Principal Investigator |
OBATA Kaoru Graduate School of Law, Nagoya University, Professor, 大学院法学研究科, 教授 (40194617)
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| Project Period (FY) |
2003 – 2006
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| Keywords | Modern International Law / Status of Foreigners / Diplomatic Protection |
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| Research Abstract |
The notion that foreigners receive the protection for their person and property was presupposed without any serious examination in the disciple of the Modern International Law. In this study, the concrete phenomena signifying such notion was tried to be analyzed. For that purpose, the present researcher studied the background and negotiation process of a clause in the 1826 Anglo-Mexican Commercial Convention, in which typical clauses embodying the above notion (the present researcher calls it "perfect protection formula" have their roots. The study reveals that the clause was given so limited meaning despite its general and comprehensive form, and that it was not considered as a reflection of general international law or law to be established.
In other words, the above notion was incorporated into the concept of general international law, after 1826, through the processes of (1) repetitive insertion in the commercial conventions concluded throughout 19 Century, and (2) description in the standard textbooks of international law of such practice.
The present researcher continued his study for analysis of the processes (1) and(2). For (1), cardinal original documents of the negotiations are found to be missing, despite the research in the National Archives of Great Britain and the United States. As it stands, collection of materials is not sufficient for any report. For (2), collected books and articles in international law, mostly late 19th century are in the process of putting in order. The present researcher wishes to continue the study.
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[Journal Article] Diplomatic Protection2005
Author(s)
Kaoru OBATA
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Journal Title
Japanese Society of International Law (ed.), Encyclopedia of Law of International Relations(2^<nd> ed.)
Pages: 109-110
Description
「研究成果報告書概要(欧文)」より
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