2014 Fiscal Year Final Research Report
Addressing the Risk of "Circumvention" of International Law: Lessons from Anti-Circumvention Provisions in the WTO Agreement
| Project/Area Number |
24730033
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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 | Otaru University of Commerce |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 迂回防止 / 信義則違反・権利濫用 / 農業輸出補助金 / アンチダンピング / WTO協定 / 国際法の遵守確保 / 国際法と国内法 / 租税回避 |
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| Outline of Final Research Achievements |
"Circumvention" is a growing challenge to the effectiveness of international law as the incentive to circumvent laws grows as the "legalization" of international society continues. this project proposes that there is a need for a comprehensive approach consisting of amendment, coherent interpretation, use of general principles, and functional reallocation for the WTO Agreement to address circumvention more effectively.
In fact, the priority in improving and clarifying anti-circumvention disciplines is to strike multidimensional balances between legitimate interests, including those between sovereign liberty and the effectiveness of international agreements, and those between the predictability of obligations and the effectiveness thereof.
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| Free Research Field |
国際法・国際経済法・新領域法学
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