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  • ─「裁判嫌い」は神話なのか?─
    柳原 正治
    国際法外交雑誌
    2014年 113 巻 3 号 301-324
    発行日: 2014/11/20
    公開日: 2024/01/30
    ジャーナル フリー
  • 森 克已
    繊維学会誌
    2008年 64 巻 5 号 P_139
    発行日: 2008/05/10
    公開日: 2008/06/20
    ジャーナル フリー
  • 天安門事件後の中国
    川島 真
    国際政治
    2006年 2006 巻 145 号 17-35,L6
    発行日: 2006/08/29
    公開日: 2010/09/01
    ジャーナル フリー
    China has sought to enhance its international status on its diplomacy. Especially, from Hague Peace Conference, via League of Nations, to United Nations, China's diplomacy paid strong attention to its rank on these international institution, because Chinese diplomats thought it as the symbol of recognition for China in the international society. Although China had hard pressure from powers after the opium war and lost many tributal countries, but China basically kept or didn't change its self-identification under family of nations, therefore at the 2nd Hague Peace Conference in 1907, Chinese diplomats were surprised and threatened that China was recognized to be ranked the third level country according to the extent of its modernization/civilization especially about legal system. And they also found ‘enemy’ who wanted to reduce China's status intentionally-Japan. Chinese diplomats were disappointed somewhat that they couldn't have chance to solve so-called unequal treaty problem at these institutions, but sought to get the target to enhance its status, because they believed that these problems couldn't be solved until China came to be a normal civilized country and furthermore became one of the powers. In 1920's China wanted to be a un-permanent member of the Council of LN and dare to have the burden of its share as a big country in the expense. In 1930', China was successful to have the honeymoon period with LN, especially on its cooperating activities of social policy, and to leave Japan away. On the process of WWII, at last, China got a prospect to be the symbol of great power, in the new international institution. China could get the seat of a permanent member of Security Council of United Nations. But it just meant dual symbols for China, one as one of the primary ‘Allied’ nations, the other as a representative government of China with recognition by international society. On the more realistic field of international politics, China didn't achieve the target to be one of the great powers so far, though it kept the afterimage as one of the real great powers at Cairo Meeting, with care. Now that China gradually enhances its status on realistic field, but basically, its historical context also can be considered as important factor to understand its diplomacy at UN. at UN, China intends to behave as a moderate actor relatively, except for some topics to be relevant with national ideology—for example, Taiwan problem. And for China, it seems that China's aim at UN was focused just on being a permanent member as one of the powers continuously.
  • *五十川 龍
    日本経営診断学会全国大会予稿集
    2020年 20 巻
    発行日: 2020/09/27
    公開日: 2021/03/11
    会議録・要旨集 フリー

    SDGsは大企業では認知が進み取り組みも行われているが多くの中小企業では認知率が低い。そこで,本研究ではSDGsを採択した国際連合がどのような国際課題と向き合い設立され,どのように国際課題を扱ってきたのかを明確にし,日本の社会的責任への取り組みの歴史との接点を見出した。近年の国際連合と日本の社会的責任の共通する接点としては,個人も含むステークホルダーに注目が集まってきている。よりミクロな視点である人に対して焦点を当てた課題解決は地域の担い手である地方公共団体,中小企業や小規模事業者にとっては大企業よりも得意な分野であり,地球上の誰一人取り残さないと誓うSDGsの指針を達成するために不可欠な存在として期待される。

  • 片山 慶隆
    マス・コミュニケーション研究
    2015年 86 巻 161-180
    発行日: 2015/01/31
    公開日: 2017/10/06
    ジャーナル フリー
    The purpose of this article is to investigate Japanese newspaper reports on the Korean Secret Mission to the Second Peace Conference at The Hague and the Third Japanese-Korean Treaty in 1907. This paper analyzes ten Japanese Newspapers-Osaka Mainichi Shimbun, Tokyo Nichinichi Shimbun, Miyako Shimbun, Yorozu Cyoho, Tokyo Niroku Shimbun, Osaka Asahi Shimbun, Tokyo Asahi Shimbun, Kokumin Shimbun, Jiji Shimpo, Hochi Shimbun-especially Osaka Mainichi Shimbun. Although there has been much academic research on the history of Japan-Korea relations in the past, there have been few media history studies. Takaishi Shingoro, special correspondent at The Hague for the Osaka Mainichi Shimbun, reported the Korean Secret Mission to the Second Peace Conference at The Hague objectively. Three Koreans accused Japan of ruling Korea in the newspaper Courrier de la Conference. Some Japanese newspapers feared that foreign journalists expressed sympathy with Korea. Much of the Japanese press supported the Third Japanese-Korean Treaty. In contrast, much of the Japanese media criticized The Second Japanese-Korean Treaty in 1905 and few newspapers insisted on Japan's Annexation of Korea. Almost all of the Japanese media were calmer then compared to two years ago. Probably foreign journalists' sympathizing with Korea influenced this change in much of the Japanese media.
  • ―南極における捕鯨事件を題材として―
    高柴 優貴子
    世界法年報
    2016年 35 巻 37-63
    発行日: 2016/03/28
    公開日: 2020/06/11
    ジャーナル フリー
  • ―一九世紀ラテンアメリカの法的地域主義―
    中井 愛子
    国際政治
    2017年 2017 巻 189 号 189_65-189_80
    発行日: 2017/10/23
    公開日: 2018/12/19
    ジャーナル フリー

    This paper clarifies the decisive role played by Latin-American “legal” regionalism in the 19th century in relativizing European international law and dismantling the European monopoly of the power to set international principles.

    Simon Bolivar’s pan-Americanism in 1820’s is widely known as unsuccessful project for a political union of Latin American states. Actually, however, his project had two main pillars, the creation of a political union and that of “American public law,” and what was more important to the future world was the later. When Americas achieved their independence in 1810–20’s, the governing international principles were that of Vienna, agreed among European Powers and whose basic features were dynastic legitimacy and balance of power between monarchs. These principles were not compatible with the sovereign statehood of most of newly independent American states born in decolonial revolution and declared independence without recognition by ex-monarch. Nevertheless, those rules were considered as “European public law” or “European international law,” which was at that time mere synonym of “international law” governs the general relations between civilized nations. In this situation, Bolivar begun to pursue not only a union of Latin American states but also “American public law” which should be constituted by rules and principles that are different from that of Europe and suitable for America. Bolivar’s ideal American public law contains, e. g., popular legitimacy principle, denial of forcible intervention, obligatory peaceful settlement of disputes, sovereign equality, etc.

    The efforts of Latin American states to realize these ideal new norms continued throughout centuries. Certain of these norms have acquired universal approval, taking the place of old European originated norms. In the late 19th century, some Latin American scholars started to argue that the assumption of identity between “European international law” and “international law” was not appropriate any more asserting the existence of American international law and possible existence of other regional international laws. In the beginning of the 20th century, the existence of American international law was accepted in Europe with rise of social or objectivist legal thoughts and European regionalism. The modern academic assumption of the identity of “European international law” and “international law as the law of civilized nations” had disappeared in 30 years from 1880’s to 1910’s. Latin American legal pan-Americanism triggered this fundamental change of the conception of international law.

  • 中嶋 啓雄
    アメリカ研究
    2015年 49 巻 61-80
    発行日: 2015/03/25
    公開日: 2021/11/05
    ジャーナル フリー

    As the bicentennial of the promulgation of the Monroe Doctrine approaches, it is astonishing to see the contrast between the understanding of the Monroe Doctrine almost a hundred years ago and that of the present-day United States. The complacent applause of the Doctrine at its centennial gave way to the detachment of American society from it and its critical reexamination in academia.

    Interestingly, this kind of critical, if not thorough, examination of the Monroe Doctrine was preceded not just by scholars in Latin America, a region in which the United States frequently used the Doctrine as a pretext for intervention, but also by Japanese scholars whose government advocated the Asian Monroe Doctrine before and during World War II. During the 1930s and the early 1940s, the Monroe Doctrine was a favorite topic of Japanese intellectuals as their government pursued what it termed a “New Order in East Asia” and the “Greater East Asia Co-Prosperity Area” with the goal of creating an “Asia for Asians.” The vision clashed with U.S. Open Door policy toward China.

    Tachi Sakutaro, a specialist in international law, Kamikawa Hikomatsu, one of the founders of the field of international relations in Japan, and other Japanese scholars have been quite critical of the Monroe Doctrine. Their points, at least superficially, are similar to those of today’s American scholars who focus upon the unilateral and imperial traits of the Doctrine. Tachi, Kamikawa, and others, however, did not seem to grasp the tendency of American foreign policy to lean increasingly toward Pan-Americanism and collective security in the interwar years. On the other hand, a few intellectuals such as Yokota Kisaburo, international law professor and a former student of Tachi, Kiyosawa Kiyoshi, a harsh critic of Japan’s foreign policy, and Takagi Yasaka, a founder of the field of American Studies in Japan, belong to a decided minority of scholars who have taken issue with the Asian Monroe Doctrine and inquired into what the Monroe Doctrine really meant to the United States of the time. These scholars, nonetheless, did seem to understand the American vision of international order better than those Japanese ones who criticized the Doctrine.

    Japanese scholars who criticized the Monroe Doctrine made some penetrating remarks concerning its traits, which preceded the contemporary reexamination of the Doctrine by American scholars. But it was the vision of those who opposed the Asian Monroe Doctrine and gave a balanced appraisal of the Doctrine that paved the way for the merger of the two visions of the international order in Japan and the United States after the Pacific War.

    Although the Cold War in Asia may have been the primary factor in the making of U.S.-Japan alliance, the merger of the two visions of international order was the underlying cause of the postwar cooperation between the United States and Japan.

  • 本多 美樹
    アジア太平洋討究
    2018年 31 巻 121-137
    発行日: 2018/03/05
    公開日: 2023/02/10
    研究報告書・技術報告書 フリー

    With the end of the Cold War era, the international community met the decrease in interstate conflicts but the increase in intrastate conflicts originated from religious/ethnic frictions. States have faced newly-emerged threats, so-called non-military or “non-traditional” security issues which include infectious diseases, environment degradation; displaced persons emerged from intra conflicts. States recognize those non-traditional issues as “threats” to their national safety, and politicize them, and then securitize them by formulating national policies. Theorists and social scientists have tried to explain and analyze the changing international security environment by original theories. The United Nations also created new norms such as “Human Security” which put more priority on individual security.

    Who secures safety of whom, from what kinds of threats, and how?—Concept of security has changed with the times. The objective of this paper is to analyze changes in security concepts from the historical perspective and to clarify how the changes in states’ perceptions of security have influenced discussions at the United Nations Security Council. In process of analysis, “securitization theory” is introduced.

  • 国際法の存在判断における意思と理由の文脈から
    小森 光夫
    世界法年報
    2001年 2001 巻 20 号 107-130
    発行日: 2001/01/30
    公開日: 2011/02/07
    ジャーナル フリー
  • 国際組織と体制変化
    横田 洋三
    国際政治
    1984年 1984 巻 76 号 138-157,L10
    発行日: 1984/05/25
    公開日: 2010/09/01
    ジャーナル フリー
    Law plays an essential role in the establishment and operation of various international organizations because they are legal entities created by law (treaties concluded among States). In the past, the legal analyses of the structure and activities of international organizations have concentrated on studies of the provisions of the constitutive documents and of the resolutions, rules, decisions, etc., adopted by international organizations.
    Today, the relationship between law and international organizations is more complex and a mere analysis of the provisions of documents establishing the organizations and of documents created by the organizations is neither sufficient nor comlegal plete.
    First of all, international law is not the only legal system which has a direct relevance to the structure and operation of international organizations. The municipal law of states and the proper law of international organizations are also important systems affecting international organizations.
    Secondly, the relationship between international organizations and a legal system is not one-way but two-way. One is the relationship where a legal system affects international organizations and the other is that where international organizations affect the legal system.
  • 非国家的行為体と国際関係
    中原 喜一郎
    国際政治
    1978年 1978 巻 59 号 134-159,L11
    発行日: 1978/08/30
    公開日: 2010/09/01
    ジャーナル フリー
    The European Parliament shall be elected for the first time by direct universal suffrage in June 1979. This is an epock-making advance of international parliamentarism in the context of an emerging European Union. We have already witnessed the formation of three internationals of a new kind: Confederation of the Socialist Parties of the European Community, Federation of Liberal and Democratic Parties of the European Community and European People's Party (Fédération des Partis Démocrates Chrétiens de la Communauté Européenne).
    This article seeks to outline the historical development of a political phenomenon in question, beginning with Saint-Simon's argument for European Parilament in 1814. The United States of Europe was a leitmotiv of Pacifist and Socialist movements throughout the 19th century. After th first World War, transnational movements sprang up for European unification. Coudenhove-Kalergi's Pan-Europa Union was the most active movement, enjoying support from leading state-men. Briand proposed a plan for European Federal Union within the framework of the League of Nations in 1930. This regional union should create a common market all over the European Community along with an organized political cooperation. The Briand Plan did not materialize.
    In 1944, delegates from nine countries held clandestine meetings at Geneva, and drafted a Declaration of the European Resistances. This document preconized a federal union among the European peoples for the sake of Peace. After the War, transnational movements sprang up anew for European Unity. In May 1948, a Congress of Europe was held at The Hague in a cold war climate of Devided Europe. It appealed to the effect that all democratic European nations must create a United Europe with a Charter of Human Rights and a European Assembly. The Congress of Europe, a non-governmental meeting, led to the creation of the Council of Europe by a diplomatic treaty. This consists of two organs: Committee of Ministers and Consultative Assembly. This was a compromise between Intergovernmentalism and Federalism towards European unification, which deceived federalists. Jean Monnet, French technocrat, conceived a pooling of coal and steel production under an independent High Authority. Endorsing his ideas, Robert Schuman made a historical declaration in May 1950. This paved a new way towards European federation: Supranationalism. With the success of the Schuman Plan, Constitutionalism faded away, a movement for the immediate establishment of European federation by a written constitution. On the other hand, Gaullists of France advocated Confederalism, to which adhered Coudenhove-Kalergi. The European Defense Community proved an abortion. The “Relance” gave birth to two communities with less supranationality: EEC and EURATOM. The European Communities of Six has progressed on a confederal line towards European Union, and received in 1973 three countries of Intergovernmentalism.
    Political parties exist on a national basis, and maintain transnational links. The former fact provides the cases where a same party finds itself critically devided on some concrete issue of European construction, an international problem. The latter fosters the formation of multinational political groups within European parliamentary assemblies. The European integration needs “European political parties” in the full meaning of the word. A first step has been made in view of the coming direct universal election of the European Parliament. As indicated above, three political formations have been set up just for this election, with a common platform. They are more than international associations of political parties, but, not yet the European political parties. The first European election takes place on a national basis, according to the respective procedures. The European Parli
  • 松井 芳郎
    世界法年報
    2011年 30 巻 109-147
    発行日: 2011/03/28
    公開日: 2017/11/22
    ジャーナル フリー
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