|Budget Amount *help
¥1,400,000 (Direct Cost : ¥1,400,000)
Fiscal Year 1991 : ¥500,000 (Direct Cost : ¥500,000)
Fiscal Year 1990 : ¥900,000 (Direct Cost : ¥900,000)
Research has been effected analyzing the related State practices and international jurisprudence. A tentative theoretical framework is established as follows :
Preliminary considerations are done on the concept of self-defense in international and municipal law and on the difference between the self-defense before and after the establishment of the principle of non-use of force
The concpet of self-defense is discussed through two facets, namely, external and internal elements of limitation of the use of force. As to the external elements, they are 1)the mutation of international relations, like the end of East-West opposition, 2)the new titles justifying the recourse to force, i. e., right of self-determination or humanitarian intervention and 3)the development of technology, especially in the field of armaments.
The other facet is. -examined through four factors. First, the differences from some neighbouring elements, like necessity, reprisals and force major are treated. Second, the definition of the armed attacks is affected by low-level use of force or by possible oreventive self-defense. Third, the evaluation of necessity is quite difficult in each concrete case. Finally, the notion of reciorocity is not quantitative but qualitative. successively treated.
A list of State practices of the use of force and reasons of justifying the violence and a bibliography of foreign books and documents are attached in the report.