2012 Fiscal Year Final Research Report
The relationship between the customary international law on State immunities and United Nations Convention on Jurisdictional Immunities of States and Their Property
| Project/Area Number |
22730042
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
International law
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| Research Institution | University of Shizuoka |
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Principal Investigator |
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| Project Period (FY) |
2010 – 2012
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| Keywords | 国家免除法 / 国家免除 / 国連国家免除条約 / 国家免除法 |
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| Research Abstract |
The United Nations Convention on Jurisdictional Immunities of States and Their Property contains some provisions that are difficult to regard as codifying customary international law or being consistent with current state practice. This situation has created some minor gaps between the Act on the Civil Jurisdiction of Japan with respect to a Foreign State, etc. which is based almost entirely on the Convention, and customary international law. This may create jurisdictional issues in specific cases, especially with respect to States not parties to the Convention.
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