2007 Fiscal Year Final Research Report Summary
The Law of Treaties Reexamined in the Contemporary Context :Reality of the State Consent to Treaty Obligations
| Project/Area Number |
16330011
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Kobe University |
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Principal Investigator |
SAKAMOTO Shigeki Kobe University, Graduate School of Law, Professor (20117576)
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| Co-Investigator(Kenkyū-buntansha) |
IGARASHI Masahiro Kobe University, Graduate School of International Cooperation Studies, Professor (70168102)
SHIBATA Akiho Kobe University, Graduate School of International Cooperation Studies, Professor (00273954)
HAMAMOTO Shotaro Kobe University, Graduate School of Law, Professor (50324900)
SAKAI Hironobu Kyoto University, Graduate School of Law, Professor (80252807)
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| Project Period (FY) |
2004 – 2007
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| Keywords | Law of Treaties / Voluntarism / Multilateral Treaties / Consent |
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| Research Abstract |
This research tries to reexamine the law of treaties in the contemporary context. Recent developments, particularly those regarding reservations or interpretation, reveal the necessity to reconsider the very foundation of the law of treaties, i.e., voluntarism.
Sakamoto examined the evolution of treaty obligations through his research on the International Covenant on Civil and Political Rights and the United Nations Convention on the Law of the Sea, with particular emphasis on the rules on treaty interpretation. Igarashi studied international legal issues related to the so-called post-war compensation and examined the evolution of interpretation of the Hague Convention and the Hague Regulation as well as the San Francisco Peace Treaty. Shibata, with his rich experience in practice in the fields, studied the influence exerted by treaty organs on the evolution of treaty interpretation as regards international environmental treaties, particularly the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, and the Antarctic Treaty. Hamamoto studied the role of treaty organs and the evolution of treaty stipulations with regard to the International Covenant on Civil and Political Rights and the International Investment Agreements. Sakai took in charge of the law of international organizations, especially the law of the United Nations, and carried out case studies on recent peacekeeping operations.
The results of the research are essentially descriptions of relevant phenomena and the research does not involve an extensive theoretical analysis or an examination of background of these phenomena. However, the research is considered to have produced appreciable results, taking into account the fact that these phenomena have not been sufficiently described in a comprehensive manner.
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Research Products
(12 results)
