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Research on the international legal problems concerning union of states

Research Project

Project/Area Number 06620024
Research Category

Grant-in-Aid for General Scientific Research (C)

Allocation TypeSingle-year Grants
Research Field International law
Research InstitutionKYUSHU UNIVERSITY

Principal Investigator

YANAGIHARA Masaharu  Kyushu University, Faculty of Law, Professor, 法学部, 教授 (60143731)

Project Period (FY) 1994 – 1995
Project Status Completed (Fiscal Year 1995)
Budget Amount *help
¥1,600,000 (Direct Cost: ¥1,600,000)
Fiscal Year 1995: ¥400,000 (Direct Cost: ¥400,000)
Fiscal Year 1994: ¥1,200,000 (Direct Cost: ¥1,200,000)
Keywordsunion of states / sovereign state / state / Holy Roman Empire / confederate state / federal state / 主権国家
Research Abstract

This research project focussed on the idea of "state", "union of states", and "international society" in the theory of various publicists from the late half of the 18th century to the beginning of the 20th century. Especially the concept of "Etat souverain" of Vattel and the so-called "theory of German international law" of some authors from the 1770s to the beginning of the 19th century were the main target of this research. I made it clear by this research that Vattel's concept is not same with that of modern sovereign state because according to his theory even the protected state, tribute state and vassal state have a position of "sovereign state" and that neither the clear-cut distinction between international law and national law nor the concept of modern sovereign state based on the fundamental difference between internal sovereignty and external sovereignty are found before the very end of the 19th century or the very beginning of the 20th century.
The dispute about the idea of "societas gentium" of Hugo Grotius among various scholars, such as J.a Felde, Th. I.F.Graswinkel and A.F.Glafey, was also the object of this research. It was made sufficiently clear that the concept of "civitas maxima" of Ch.Wolff, which is sometimes esteemed as a model of League of Nations, was based upon this dispute, but that the content of his concept was totally original. It is also important in understandig his concept that the idea of "state" behind civitas maxima is widely different from the modern sovereign state.

Report

(3 results)
  • 1995 Annual Research Report   Final Research Report Summary
  • 1994 Annual Research Report
  • Research Products

    (7 results)

All Other

All Publications (7 results)

  • [Publications] 柳原正治: "紛争解決方式から見た日露領土問題" 日ロ平和条約締結の為の調査研究. 1-57 (1995)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      1995 Final Research Report Summary
  • [Publications] 柳原正治(共著): "国際社会の組織化と法" 信山社(予定), (1996)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      1995 Final Research Report Summary
  • [Publications] Masaharu YANAGIHARA: "゙Territorial Conflict between Japan and Russia゚" Research for Concluding the Peace Treaty between Japan and Russia. 1-57 (1995)

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      1995 Final Research Report Summary
  • [Publications] Masaharu YANAGIHARA: Organization of International Society and Law. Shinzansha, (in print), (1996)

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      1995 Final Research Report Summary
  • [Publications] 柳原正治: "紛争解決方式から見た日露領土問題" 日ロ平和条約締結の為の調査研究. 1-57 (1995)

    • Related Report
      1995 Annual Research Report
  • [Publications] 柳原正治(共著): "国際社会の組織化と法" 信山社(予定), (1996)

    • Related Report
      1995 Annual Research Report
  • [Publications] M.シュトライス(佐々木・柳原訳): "17、18世紀の国家思想家たち" 木鐸社, 593 (1995)

    • Related Report
      1994 Annual Research Report

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Published: 1994-04-01   Modified: 2016-04-21  

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