2009 Fiscal Year Final Research Report
Research of International Law concerning the Settlement of Disputes between a Private Person and a Foreign State
| Project/Area Number |
19730040
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
International law
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| Research Institution | Nagoya University |
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Principal Investigator |
MIZUSHIMA Tomonori Nagoya University, 法政国際教育協力研究センター, 准教授 (60434916)
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| Project Period (FY) |
2007 – 2009
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| Keywords | 国際法 / 外国国家免除(主権免除) / 外交的保護 / 国際民事訴訟法 / 国際人権法 / 国連裁判権免除条約 / テロリズム / 外交特権免除 |
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| Research Abstract |
There are several mechanisms for the settlement of disputes between a private person and a foreign State. By focusing upon the common purpose and the interrelationship of these mechanisms, this research set the general principles of international law concerning the settlement of a private person's claims against a foreign State. From this viewpoint, this research critically analysed some cases and the UN State Immunity Convention, which did and would grant foreign State immunity regardless of whether alternative means for dispute settlement are available. This research also found that, as a matter of international law, the scope of foreign State immunity has expanded, rather than being restricted.
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