2017 Fiscal Year Final Research Report
Historical and Comparative Study of Legal Function of Peace Treaties in the Peace Process
| Project/Area Number |
16K16997
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
International law
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| Research Institution | Sophia University |
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Principal Investigator |
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| Project Period (FY) |
2016-04-01 – 2018-03-31
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| Keywords | 国際法学 / 安全保障法 / 武力紛争法 / 平和条約 / 休戦協定 |
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| Outline of Final Research Achievements |
Under traditional international law, the victorious State could impose to the defeated States such conditions of peace as is pleased by the former. As a result of the right to wage war being permissible under that law, it was also tolerated the status quo post bellum or uti possidetis, i.e. recognition of the fait accompli existing at the end of war. In contrast, through the outlawry of war and the principle of non-use of force, the right to harvest fruits from victory of armed conflict is not permissible under contemporary international law. However, the parties to armed conflict can conclude a peace treaty as long as it is not inconsistent with the principles of international law embodied in the Charter of the United Nations. Under contemporary international law, peace treaty serves as the condition of peaceful settlement of conflict, such as reparation, delimitation of disputed territory or punishment of war crimes.
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| Free Research Field |
国際法学
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