2011 Fiscal Year Final Research Report
Obligation to State Reasons in International Courts and Tribunals
| Project/Area Number |
21730044
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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 | Kobe University |
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Principal Investigator |
TAMADA Dai 神戸大学, 大学院・法学研究科, 准教授 (60362563)
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| Project Period (FY) |
2009 – 2011
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| Keywords | 国際裁判 / 判決理由 / 紛争解決 / 判決効 / 無効原因 / 正当性 |
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| Research Abstract |
The purpose of this research is to analyze the historical development of the obligation to state reasons imposed on the international courts and tribunals. One of its results is that there was the quality transformation from traditional arbitration, on which the obligation was not imposed, to judicial adjudication, which is obliged to state reasons. The research is devoted to analyzing the absence of reasons as a cause of nullity of arbitral sentences. After having reached the above result, this research would be beneficial to the next analysis on the possibility of the judgment control in the international courts and tribunals.
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