| 研究課題/領域番号 |
19K13481
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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 – 2022-03-31
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| キーワード | Uzbekistan / Human rights / Democracy / Rule of law / Foreign legal aid |
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| 研究実績の概要 |
In the second year, collecting and cataloging the legal assistance projects has been enriched by the inclusion of new Asian actors within the so-called international legal aid market, such as China and South Korea. Identifying and comparing the legal assistance methods and philosophies between Asian and non-Asian actors is still a work in progress. This approaches also include detecting legal institutions, networks of professionals, including lawyers, judges, officials, and arbitrators. General perceptions among donor-actors and domestic scholars with regard to constitutionalism, human rights and democracy remains as actively ongoing work. Finally, several presentations on one part of the research was made (Constitutionalism in Asia and Beyond Workshop Series and CALE 2021 Conference).
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| 現在までの達成度 (区分) |
現在までの達成度 (区分)
2: おおむね順調に進展している
理由
The progress is going reasonably well but the original schedule has proven to have been slightly delayed because of the unclear nd uncertain situation with the COVID-19. The work on gathering information on laws and intended legal assistance projects, as well as case study law in target jurisdiction is partly unfinished due to inability to access local agencies directly, including courts and other relevant state agencies. Similarly, direct meetings with local experts have been delayed because of the pandemic. Online meetings, to a possible extent, were held.
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| 今後の研究の推進方策 |
Next year plan, will include a closer research and analysis into the constitutionalism and human rights in Uzbekistan, with a reference to Uzbekistan 1992 Constitution's Soviet positivist, and pre-Soviet traditionalist traces, as well as the East-West human rights doctrinal conflict. It is also planned to carry out archival legal research to reveal the scope and essence of foreign legal assistance (the U.S., European, and Asian states) in the process of the 1992 Constitution draft process and creation of judiciary, including the Constitutional Court of Uzbekistan.
Preliminary contact with scholars in some (but not all) target jurisdictions in regard to these has been established and will be followed up on.
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| 次年度使用額が生じた理由 |
Given a Covid-19 pandemic and relevant global restrictions, as well as the following policies of the Nagoya University regarding the travel restrictions to the countries (including MOFA based restrictive policies) it was impossible to utilize financial resources accordingly (travel-related expenses), in the way it was intended by the initial plan. Hence it was impossible to set up multiple proposes personal meetings and obtain a direct access to the archival and legal institutions.
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