| 研究課題/領域番号 |
19K13481
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| 研究種目 |
若手研究
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| 配分区分 | 基金 |
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| 審査区分 |
小区分05010:基礎法学関連
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| 研究機関 | 名古屋大学 |
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研究代表者 |
Ismatov Aziz 名古屋大学, 法学研究科, 特任講師 (90751206)
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| 研究期間 (年度) |
2019-04-01 – 2025-03-31
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| 研究課題ステータス |
交付 (2023年度)
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| 配分額 *注記 |
2,730千円 (直接経費: 2,100千円、間接経費: 630千円)
2021年度: 910千円 (直接経費: 700千円、間接経費: 210千円)
2020年度: 1,040千円 (直接経費: 800千円、間接経費: 240千円)
2019年度: 780千円 (直接経費: 600千円、間接経費: 180千円)
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| キーワード | Constitutionalism / Human rights / Democracy / Transition reforms / Central Asia / Uzbekistan / Socialist law / Traditionalism / Legal cooperation / Socialism / Rule of law / Foreign legal assistance / Positivism / Foreign legal aid / Human Rights |
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| 研究開始時の研究の概要 |
This research demonstrates why and how exactly the philosophies and measures of gravity of legal aid projects implemented thereby by donor-states in Uzbekistan vary and clarify how each donor-state tends to position human rights, democracy and the rule of law within own aid activities. It analyzes how human rights, democracy, and the rule of law in Uzbekistan as well as their perception within the local legal community, particularly academia, has been evolving, and towards which direction they may gravitate in the future.
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| 研究実績の概要 |
In the fiscal year 2023, the project is nearly accomplished. The author, after compiling numerous in-depth interviews with scholars and practitioners of constitutionalism and human rights in Uzbekistan, Japan, and Germany, is now finalizing all results in the form of summary tables, graphs, and text. These interviews reflect draft discussions and evaluations of the 1992 Constitution of Uzbekistan and its 2023 amendment reform. The author made reports and talks at conferences in Germany, Japan, Uzbekistan, and Taiwan.
Most interviewees in Uzbekistan agree that, apart from politically sensitive issues, the 2023 amendments have either enriched the 1992 Constitution in terms of previously omitted rights concepts or clarified the existing ones. Property rights are apparently the most visible example of clarification, demonstrating a shift from a socialist to a west-borrowed understanding of private property rights. On the other hand, many foreign observers, highlight the enhancement within the constitutional text of the traditionalist-oriented values. This is dangerous as traditionalism is a highly vague concept with no clear interpretation guidelines. Also, traditionalist settings pose a threat to the rule of law and endanger the conditions of minorities within a multicultural context, which is the case of Uzbekistan.
The author could also accomplish the archival search. its results shed more light on the drafting process of the 1992 Constitution and deliberations with foreign experts.
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| 現在までの達成度 (区分) |
現在までの達成度 (区分)
3: やや遅れている
理由
The progress, although smooth, was slightly delayed given the ongoing effect of the 2022 riots in the Karakalpak Autonomous Republic within Uzbekistan. Following this riot, several key interviewers were either detained or under politically motivated prosecution by 2023. The lack of the data on Karakalpak Autonomous Republic will not offer a comprehensive picture as most political, as well as social, and cultural rights were either tied or drafted with a reference to the Karakalpak Autonomous Republic. These interviews are formally scheduled to be conducted online in 2024. Furthermore, additional time-consuming and bureaucratically burdensome formalities with the Ministry of Justice for accessing data on the Karakalpak Autonomous Republic took nearly five months to finally obtain essential archival data.
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| 今後の研究の推進方策 |
After obtaining essential data on the Karakalpak Autonomous Republic by the summer of 2024, the author will (1) finalize a reconstruction of the general picture of human rights and democracy evolution in Uzbekistan's constitutional context, and (2) offer evaluation results of advisory and technical assistance as offered by foreign legal donors.
The author has already summarized the available comparative legal development for a monograph on Central Asian law and society. Next, the author will finalize drafting chapters and present final research results on regional-specific and borrowed or transplanted standards at research events in Japan and Uzbekistan. Upon obtaining final comments and recommendations, the author will proceed with finalizing the monograph and publication.
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