Agreements within Treaty Regimes: Treaties over Time

2014 Fiscal Year Final Research Report

• Project/Area Number: 24530048
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: International law
• Research Institution: Kobe University
• Principal Investigator: SHIBATA Akiho 神戸大学, 国際協力研究科, 教授 (00273954)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: 国際法 / 条約法 / 名古屋・クアラルンプール補足議定書 / 南極条約 / 国際捕鯨取締条約

Outline of Final Research Achievements

This research examined the dynamic process of treaty regimes that internally adapts to changing interests and values of the international community, and proposed a working concept of "Agreements within Treaty Regimes" as a theoretical underpinning of treaty regime evolution. As examples, this research analyzed (1) Convention on Biological Diversity (CBD) regime; (2) Antarctic Treaty system (ATS); and (3) International Whaling Convention (ICRW) regime.
In CBD regime, this research examined in detail its evolution through an adoption of a new treaty: the Nagoya-Kuala Lumpur Supplementary Protocol and identified its legal significance. In ATS, it was the Parties' practice of domestic implementation, whereas in ICRW regime, it was the resolutions of IWC, that made the respective treaty regimes to "evolve". These practice and resolutions may not establish "agreements" of all treaty parties; nevertheless, they did have a significant impact on the interpretation of the treaty provisions.

Free Research Field

国際法