2015 Fiscal Year Final Research Report
Legal effects of norms of international human rights law on general rules of intrnational law and attitudes of Asian States
| Project/Area Number |
24530053
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Ritsumeikan University |
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Principal Investigator |
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| Co-Investigator(Kenkyū-buntansha) |
SAKAMOTO SHIGEKI 同志社大学, 法学部, 教授 (20117576)
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| Project Period (FY) |
2012-04-01 – 2016-03-31
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| Keywords | 国際人権規範 / 一般国際法の規則 / 国際司法裁判所判決 / 普遍的定期審査 / 国際人権規約 / 個人の権利 / アジア諸国と人権 |
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| Outline of Final Research Achievements |
This research made cleqar that, through LaGrand, Avena and Dialo decisions the ICJ had gradually (and impliedly) acknowledged that once the individual [or human] rights are to be recognized under international law, it is not a State’s right but an individual’s right that is to be remedied and the law on State responsibility as well as diplomatic protection should be changed accordingly taking into consideration the development of human rights norms in international law. Article 19 of the ILC’s draft article on diplomatic protection is, though modest, one of the germ which shows the emegence of new positive rules of international law. This applies also the ICJ’s recognition of obligation erga omnes character of the rule of auto dedere auto judicare in the Torture Convention. We should make more through research on the impact of norms of international human rights law on the rules and principles of general international law as a matter of positive law.
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| Free Research Field |
国際法
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