2012 Fiscal Year Final Research Report
Model of international legislation process on the system for ensuring to implement international law
| Project/Area Number |
22530051
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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 | Waseda University |
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Principal Investigator |
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| Project Period (FY) |
2010 – 2012
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| Keywords | 国家責任 |
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| Research Abstract |
The purpose of this study has been to examine the relationship between the law of State responsibility and the treaty-regimes providing for the rules on the violations of the norms of international law. While the range of the law of State responsibility shall be limited to the “breach” which gives rise to the obligation of “reparation”, the sui generis regimes of multilateral treaties, such as “non-compliance” procedure in the conventions of environment, will be functioned at the stage of the institutional management within the treaty machinary that has the effect of ceasing to give rise to the obligation to make reparation. The relationship between the law of State responsibility and the treaty-regimes may be characterized, not as prevailing over the other, but as “complementary” through their mutual collaboration.
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