2012 Fiscal Year Final Research Report
Research of the State Obligation to Secure General Remedies inInternational Human Rights Treaties
| Project/Area Number |
23730042
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
International law
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| Research Institution | Kyoto Women's University |
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Principal Investigator |
MAEDA Naoko 京都女子大学, 法学部法学科, 講師 (80353514)
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| Project Period (FY) |
2011 – 2012
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| Keywords | 国際人権法 / 国際人権条約 / 国家義務 |
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| Research Abstract |
In the European Convention on Human Rights (ECHR) system, the High Contracting Parties have made efforts to implement the judgments by the European Court of Human Rights (ECtHR) in order to secure general measures of remedies for the sake of victims. It seems, however, that the States Obligation to secure such general remedies has not been based on any decisive legal grounds. This research concludes, for the present, the obligation has been developed with the binding of judgments and the existence of supervising functions on implementation of them (e.g., the Committee of Minister of the Council of Europe and the ECtHR), rather than with the principles and norms of stateresponsibility.
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