| Co-Investigator(Kenkyū-buntansha) |
TOMIOKA Masashi Nagoya Keizai Univ., Faculty of Law, Professor, 法学部, 教授 (00126880)
SABURI Haruo Nagoya Univ., Graduate School of Law, Professor, 大学院・法学研究科, 教授 (70093036)
OKADA Izumi Nagoya Univ., Faculty of Law, Professor, 法学部, 助教授 (10024093)
OBATA Kaoru Nagoya Univ., Graduate School of Law, Professor, 大学院・法学研究科, 教授 (40194617)
SAKAMOTO Shigeki Kobe Univ., Graduate School of Law, Professor, 大学院・法学研究科, 教授 (20117576)
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| Research Abstract |
The investigations in the framework of this project reveal that the globalization appears, from the viewpoint of the international law, in the form of the reorganization and reinforcement of the "international cooperative networks [ICNs]". Accompanying the high tension with the traditional framework of the international law, they play the progressive and positive role in various fields, for example, activities of the Human Rights Committee for the universal application of the human rights, developments of the protection of women from sexual violence in the international humanitarian law, steady progress of the dispute settlement procedure in the UN Convention on the Law of the Sea. On the other hand, the necessity of the critical review of the ICNs' ideology has been well indicated, when we see the phenomena, illustrated by the de facto authorizations of the illegal use of force and pseudo-legislation by the Security Council, the symbolic nature of 'democracy' in the process of the EU eastern enlargement, and the proliferation of regional free trade agreements in the WTO framework, etc.
Within the ICNs, the individual (legal) experts play the growing role for the observance of the international standards. The ideologies, which have been traditionally applied in the national society, such as the human rights and democracy, are exercising the greater influence.
The present international legal order, from the viewpoint of the reorganization and reinforcement of ICNs, is characterized by the vertical structure rather than the horizontal one for the coordination of the equal States' interests. In other words, it becomes more like the public law. We have already identified great impact of such structural change upon the basic theory of the international law, but it should be analyzed further in the latter stage.
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