2010 Fiscal Year Final Research Report

Theories and Case Studies for the Internalization of International Treaties into Domestic Legal Structures

Research Project

Project/Area Number	21730043
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	International law
Research Institution	Osaka University
Principal Investigator	NAIKI Yoshiko Osaka University, 大学院・国際公共政策研究科, 准教授 (90313064)
Project Period (FY)	2009 – 2010
Keywords	国際公法 / 国際条約 / 遵守 / 内面化 / 国際関係論
Research Abstract	Rational choice theory in international relations theories explains state compliance in the framework of "reputation" or "long-term self-interests" of states, and there are some instances which are suitable to explain compliance from such perspectives. However, theories of "domestic politics" or "constructivism" are more relevant for international law scholars who are interested in processes and reasons of internalization of international law into domestic legal structures. Such theories have to do with interactions between domestic actors and analyze how treaties affect the domestic political process of countries. What falls short in the existing research is further empirical research that can trace how actors use the opportunities to change domestic mechanisms and attempt to make persuasion.