2010 Fiscal Year Final Research Report
Validity and Limitation of State Jurisdiction over Vessels without Nationality
| Project/Area Number |
20530041
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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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 | Hosei University |
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Principal Investigator |
MORITA Akio Hosei University, 法学部, 教授 (30239652)
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| Project Period (FY) |
2008 – 2010
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| Keywords | 国際法 / 海洋法 |
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| Research Abstract |
Present author has made researches and remarkable accomplished achievements, mainly on piracy problems as a precedent of recent treaties on vessels without nationality. Most important is that it is legally and precisely proven that, among several theories, security of international maritime commerce is most appropriate legal reason of universal jurisdictions against piracy. In that research process, (1) absence of "authority" doctrine, or (2) piracy as stateless "outlaws" doctrine, both are criticised. It is because the former reasoning is now reflected in the condition of "private ships," the latter cannot legally justify universal jurisdictions as "legal right".
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