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  • フランス法における同時履行の抗弁を中心として
    岩川 隆嗣
    私法
    2019年 2019 巻 81 号 108-114
    発行日: 2019/08/31
    公開日: 2023/04/01
    ジャーナル フリー
  • 金光 幹雄, 貝沼 秀夫, 長木 司, 中沢 厚, 金井 章二, 千葉 博之, 岩川 隆
    農業機械学会誌
    2001年 63 巻 Supplement 号 63-64
    発行日: 2001/04/01
    公開日: 2010/04/30
    ジャーナル フリー
  • 私法
    2019年 2019 巻 81 号 234-240
    発行日: 2019/08/31
    公開日: 2023/04/01
    ジャーナル フリー
  • 日本外交の非正式チャンネル
    西原 正
    国際政治
    1983年 1983 巻 75 号 1-11,L5
    発行日: 1983/10/20
    公開日: 2010/09/01
    ジャーナル フリー
    This issue represents an academic attempt to shed light on the functions of those who work “behind the scenes” in diplomatic negotiations or what is termed here as “informal contact-makers.” Known by various names such as emissaries, secret envoys, secret agents, fixers, intermediaries, diplomatic brokers and back-channel contacts, these informal contac-makers often play significant roles in state-to-state negotiations, particularly when the parties involved are in tense conflict over issues such as war, territory, trade and the like, but are interested in establishing contacts with each other. Informal contact-makers, in such cases, can often play a more effective role than can formal contact-makers who, because of official credentials, find it difficult to compromise in officially-announced conferences.
    The functions of contact-makers are viewed in terms of two dimensions: whether their acts of contacting are under “official” sanction or not (“unofficial”) and whether their contacts are pre-announced to the public or not. The combination of the two dimensions will produce four types of contact-makers: (1) those who have official credentials and meet for pre-announced meetings (although the contents of the proceedings may well be kept secret); and (2) those who have official credentials but meet for unannounced, i. e., secret meetings; (3) those who have no official credentials but meet for pre-announced meetings; and (4) those who have no official credentials and meet for secret contacts.
    The first type, i. e., official=pre-announced contact-makers are also called “formal contact-makers” such as those attending binational top-level meetings. The second type, i. e., “official=unannounced contact-makers, ” refers to emissaries sent by the authorities and the like. The third type, i. e., “unofficial=unannounced contact-makers” are related to self-appointed emissaries, so to speak. The fourth type may be termed “unofficial=pre-announced contact-makers” such as political and business leaders contacting the other party voluntarily. The last three types are together classified as “informal contact-makers.”
    The functions and types of informal contact-makers appear to be affected by various factors including the nature of diplomatic issues, the nature of relations between the governments concerned, the geographical distance between the governments concerned, and the political culture supportive of the role of informal contact-akers. Eight articles, selected here to provide case studies of prewar and postwar Japanese diplomatic negotiations, generally follow this conceptual framework. They suggest that Asian political cultures such as those of China, Korea, the Philippines as well as Japan are more conducive to informal contact-makers than are Western cultures. In Western societies as well, however, a network of personal ties among influentials sometimes plays a significant role.
  • 市川 周佑
    年報政治学
    2022年 73 巻 1 号 1_284-1_307
    発行日: 2022年
    公開日: 2023/06/16
    ジャーナル フリー

     本稿は、佐藤栄作内閣における保利茂官房長官―木村俊夫官房副長官という体制の成立経緯と、それがいかに機能したのかを明らかにするものである。

     1968年11月30日、佐藤総理は内閣改造を行い、建設大臣の保利を官房長官に、木村官房長官を副長官とする異例の人事をとった。首席秘書官だった楠田實は、この2人による体制を「大型官房」と呼ぶ。

     「大型官房」成立時、政権は沖縄返還や大学紛争といった課題に直面していた。「大型官房」には、保利を長官に起用し、木村を副長官として官邸にとどめることで官邸を強化する意味が存在した。木村は、楠田とともに官房長官期からメディアやブレイン対応を主導していた。「大型官房」は約3年という長期間継続し、佐藤内閣の長期政権化の一因となったと評価できる。

     この体制は、制度改革ではなく、人事の運用により官邸を強化するものであり、自民党長期政権化における官邸強化の方法であった。この仕組みはその後の内閣にも継承された。

  • 川井 良介
    出版研究
    1977年 8 巻 115-137
    発行日: 1977/12/25
    公開日: 2020/03/31
    ジャーナル フリー
  • ―過失等の認定過程で重視されている要素に着目して―
    山本 衛, 発田 志音
    テニスの科学
    2022年 30. 巻 0. 号 41-49
    発行日: 2022/03/25
    公開日: 2024/02/20
    ジャーナル オープンアクセス
    Sports comprise inherent physical dangers in playing, and accidents such as injuries are inevitable to a certain extent. Tennis is obviously no exception. However, these accidents may lead to trouble between the parties concerned and legal disputes, such as lawsuits. When such disputes occur, it is important for tennis players to understand who is legally responsible in case of an accident. Therefore, this study aims to analyze court decisions on different tennis accidents to clarify what kind of negligence is found on the part of the parties involved in tennis accidents, and what factors related to tennis are emphasized in finding negligence. The results of the analysis suggest that the level of the participants, the danger of the chosen practice methods, and the existence or non-existence of specific safety instructions by the coach or the organizer are key factors in judging negligence in court cases of tennis accidents. Based on the results of this study, we propose actions for tennis players to prevent accidents and to avoid legal liability in case of accidents.
  • 大城 道子
    日本オーラル・ヒストリー研究
    2008年 4 巻 177-190
    発行日: 2008/10/11
    公開日: 2018/12/10
    ジャーナル フリー
    Ryukyu Kingdom, which was incorporated in one of the prefectures of Japan in 1879, became the 47th prefecture following the defeat in World War II. However, the draft system was enforced later than the other prefectures, because the Meiji government did not convert Okinawa as a prefecture of Japan immediately, maintaining the preservation policy based on former customs. The research on Okinawa as the site of the ground war between Japan and U.S. has numerous compilations, but the research on the actual experiences based on the legal order to conscript men from Okinawa as soldiers and the military service law for them to fight in foreign territories have been relatively untouched, though personal experiences of individual soldiers have been published. With this report, I would like to clarify the actual battle experiences of three survivors of the WWII, born in Okinawa during the Taisho era, through the interviews I have conducted.
  • 関 寛治
    年報政治学
    1977年 28 巻 63-139
    発行日: 1979/09/18
    公開日: 2009/12/21
    ジャーナル フリー
  • 日本外交の非正式チャンネル
    吉川 洋子
    国際政治
    1983年 1983 巻 75 号 130-149,L13
    発行日: 1983/10/20
    公開日: 2010/09/01
    ジャーナル フリー
    Japanese-Philippine negotiations on war reparations lasted from 1951 through 1956, often interrupted by disagreements on the terms of payment. Significantly, the diplomatic deadlocks were often broken by informal channels of communications and secret talks. A host of political and business leaders who had varying degrees of interests in each other's country participated.
    A most important breakthrough in deadlocked talks was made in New York and Washington in November 1954 by Prime Minister Yoshida Shigeru and Senator Jose P. Laurel, whose secret meetings were arranged by the Premier's confidants on Philippine affairs, Nagano Mamoru and Shiohara Tamotsu. Nagano, a leading steel industrialist, had business interests in the Philippine iron mines and other resources, and had his own proposal on a variety of development projects to be financed by reparation funds. Shiohara, Executive Director of the Philippine Society of Japan, had been a personal friend of Senator Laurel since the Japanese occupation period when Laurel was President of the Republic and Shiohara served his government as an advisor on internal affairs.
    Nagano played several other roles during the whole process, including one as a member of the Japanese delegation for reparations talks. So did many other leaders such as former Ambassador Murata Shozo, Minister Takasaki Tatsunosuke, Prime Minister Kishi Nobusuke, Foreign Minister Fujiyama Aiichiro, and businessmen like Furukawa Yoshizo who had lived in the Philippines before the war and claimed to be experts about the country.
    Another diplomatic breakthrough was achieved in May 1955 by Ferino Neri, chief Philippine reparations negotiator, who ran a series of secret meetings in Tokyo with political and business influentials regarding the terms of payment. He finally obtained Prime Minister Hatoyama's confidential endorsement of his proposed terms. This success was made with the skillful help of Hatoyama's Deputy Cabinet Secretary Matsumoto Takizo, who apparently had many Philippine acquaintances primarily through the Free Masonry whose members pointedly included Hatoyama, Senator Camilo Osias, and most probably Senator Laurel.
    The long negotiations demonstrated the significant roles played by informal contact-makers on both sides. Many of them were those with official capacity seeking secret contacts, but some without official capacity also volunteered secretly to help the talks. Both Japanese and Philippine political cultures weigh personal ties, particularly, ties based on clientelism, in political dealings. The interaction of the two cultures over such difficult negotiations multiplied the effectiveness of informal contact-makers.
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