2006 Fiscal Year Final Research Report Summary
Beyond Legal Positivism in International Law
| Project/Area Number |
17530034
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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 |
TERAYA Koji The University of Tokyo, Graduate Schools for law and Politics, Associate Professor (30261944)
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| Co-Investigator(Kenkyū-buntansha) |
ONUMA Yasuaki The University of Tokyo, Graduate Schools for Law and Politics, Professor (50009825)
NISHIUMI Maki Chuo University, Faculty of Law, Professor (50180576)
FURUYA Shujichi Waseda University, Law School, Professor (50209194)
WANG Zhi-an Komazawa University, Faculty of law, Professor (40255641)
SHINODA Hideaki Hiroshima University, Institute for Peace Science, Associate Professor (60314712)
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| Project Period (FY) |
2005 – 2006
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| Keywords | International Law / International Society / Law / Power / International Court of Justice / Legal positivism / Monroe Doctrine / E. H. Carr |
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| Research Abstract |
Our study group, with almost the same members, has begun this project since 2002. While we received this fund, especially in 2006, our project was not necessarily working better than we thought, mainly because core members had to be hospitalized due to their illness and partly because the discrepancy of each member's idea became more apparent in the phase of publishing the common achievement. We continued our discussion in the meetings and e-mails so that we have reached more plausible ideas for other academia and intellectuals.
We had three intensive meetings this year. In one of the meetings above, we invited Prof. ENDO Seiji, Professor of Seikei University, to have a presentation on E. H. Carr. Prof. ENDO is one of the leading researchers on his thought. Our project is stimulated by E. H. Carr's thought which criticize utopianism with proper Utopian elements in the age of two World Wars. Most of our members are international lawyers and this session putting more emphasis on political and economic side provides useful perspectives to our project.
Each member's paper based on our common concern was published as showed on the reverse side of this report. In addition, our study group are ready to publish "Law and Power in International Society" (tentative title), the most important fruit of this project. Our work concerns on fundamental issues such as the concept of "power", "law", "society", those of which are important but not investigated enough in international law study. We tacked with these problems with interdisciplinary perspectives.
We have not been granted by this fund this year, but we are ready to publish the work based on this fund in the very near feature.
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