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2014 Fiscal Year Final Research Report

Termination of International Armed Conflict under Contemporary International Law

Research Project

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Project/Area Number 25885082
Research Category

Grant-in-Aid for Research Activity Start-up

Allocation TypeSingle-year Grants
Research Field International law
Research InstitutionWaseda University

Principal Investigator

HIROMI Masayuki  早稲田大学, 法学学術院, 助手 (20707541)

Project Period (FY) 2013-08-30 – 2015-03-31
Keywords国際法学 / 休戦協定 / 安全保障 / 武力紛争法 / 国際連合憲章 / 国連平和維持活動
Outline of Final Research Achievements

The purpose of this project is to establish international legal theory on termination of armed conflict, i.e., when and how international armed conflict, occurred after WWII, was terminated. State practice after WWII suggests that international armed conflict is terminated by armistice agreement (AA). However, under the traditional international legal theory, the legal function of AA had been understood as mere "suspension" of hostilities and not "termination" of war.
In this project, according to much documents collected at UK National Archives and UN Archive, it was clarified that the belligerent states and the third parties, such as the United Nations, recognize that resumption of hostilities after the conclusion of AA is strictly prohibited by international law as well as by Article 2(4) of the Charter of the United Nations in concrete cases. This results reflected in my doctorate thesis submitted to Sophia University.

Free Research Field

国際法学

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Published: 2016-06-03  

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