2017 Fiscal Year Final Research Report
Private International Law and Human Rights
| Project/Area Number |
15K03138
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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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 |
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| Project Period (FY) |
2015-04-01 – 2018-03-31
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| Keywords | 外国判決の承認 / 欧州人権条約 / EU法 / 状況の承認 / 一方主義 / 人権 / 普遍主義 / 双方主義 |
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| Outline of Final Research Achievements |
This research is a comprehensive one about the influence of human rights norms on private international law, i.e. judicial jurisdiction, applicable law and recognition and enforcement of foreign judgments.
We focused on a special circumstances where there is a legal relationship established in a foreign country, but the forum state refuses to recognize this relationship according to its private private law and this non-recognition becomes a violation of human rights norms. As a viewpoint to understand this phenomenon, we suggest that this is an exception to the principle of our private international law that evaluates events occurring in foreign countries in light of the private private law of the forum.
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| Free Research Field |
国際私法
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