2016 Fiscal Year Final Research Report
Constructive Dialogue between the International Organs and the Costracting Parties in implementing the Human Rights Treaties
| Project/Area Number |
26380072
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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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| Project Period (FY) |
2014-04-01 – 2017-03-31
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| Keywords | 欧州人権条約 / 欧州人権裁判所 |
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| Outline of Final Research Achievements |
The issues which are taken up as a human rights issue in the international community have been the unresolved obstacles that contracting parties hold to comply with the international human rights standards, and the theoretical expanding limitation of state discretion for the contracting parties to exercise in implementing the human rights.
We examined the correspondence between the treaty-based bodies and the contracting parties on such issues. The treaty-based bodies is seeking to realize the norm while having the normative creation function and the standard fixing function. On the other hand, the contracting parties are seeking some measures to override the domestic obstacles of the contracting parties to implement the standards. Some states resist the creation of norms and try to constrain the power of the treaty-based bodies, and the other create cooperative relations with international organizations to solve the problem.
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| Free Research Field |
国際法学
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