2007 Fiscal Year Final Research Report Summary
Interaction between European law and domestic law of European States
| Project/Area Number |
16330020
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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 |
New fields of law
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| Research Institution | Kobe University |
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Principal Investigator |
KUBOTA Atsumi Kobe University, Graduate School of Law, Professor (60186450)
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| Co-Investigator(Kenkyū-buntansha) |
SAITO Akira Kobe University, Graduate School of Law, Professor (80205632)
OUCHI Shinya Kobe University, Graduate School of Law, Professor (10283855)
SENSUI Fumio Kobe University, Graduate School of Law, Professor (50179363)
HAMAMOTO Shotaro Kobe University, Graduate School of Law, Professor (50324900)
AMIYA Ryosuke Kobe University, Graduate School of Law, Professor (40251433)
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| Project Period (FY) |
2004 – 2007
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| Keywords | European law / EU law / EC law / European Union / EU / sovereignty / integration of law / harmonization of law |
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| Research Abstract |
This research examined how European law and domestic law of European States are intertwined in various branches of law.
In civil law, there have teen discussions and projects proposed as regards European contract law and European-level harmonization of other fields of civil law. Kubota, the research leader, examined recent evolution of these issues. Concerning international trade law and the law of international civil procedure, Saito carried out analysis taking into account the influence of the United Nations Convention on Contracts for the International Sale of Goods. As for labour law, Ouchi examined the relationship between European law and Italian law. Competition law, which is becoming more and more important also for Japan, was the subject of research conducted by Sensui, who produced a detailed analysis of the recent evolution. Hamamoto carried out case studies relating to the relationship between the European Convention on Human Rights and domestic law of States parties and als
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o that between EU/EC law and French administrative law. As for human rights issues, Shibuya examined the relationship between European norms and domestic law stipulations with particular emphasis on language rights. It goes without saying that legal analysis is not sufficient to draw a whole picture. Therefore, Amiya conducted research from political science perspectives and analysed the process how domestic social norms are Europeanized. Constitutional law is also a subject of our research and the relationship between European law and domestic law in this branch of law is analyzed by Inoue and Akasaka. In addition, Professor Markus Kotzur, invited to Kobe University with this fund, wrote about the influence exerted by European law on domestic law as well as on international law in the field of fundamental rights and freedoms.
This research produced a considerable result concerning the influence of European law on domestic law. As for a by far more difficult problem of the influence of domestic law on European law, a whole analysis is to be carried out another future project, but certain clarifications have been made by this research, particularly with regard to human rights issues. Less
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