The changing postwar international legal regime : the role played by Japan
著者
書誌事項
The changing postwar international legal regime : the role played by Japan
（International law in Japanese perspective, v. 8）
Kluwer Law International, c2002
大学図書館所蔵 件 / 全21件
-
該当する所蔵館はありません
- すべての絞り込み条件を解除する
注記
Includes bibliographical references (p. 151-155) and index
内容説明・目次
内容説明
In view of the practices of the Second World War, international society could no longer be under the principles of traditional international law. The United Nations was conceived to preserve peace through the execution of "no use of force". To meet the reality of wartime collaboration in each region, it adopted self-defense as the basis for individual action. The postwar international legal order has been realized through self-defense as an intermediate function between the individual and collective, as provided under article 51 of the UN Charter.
Japan recovered her independence by concluding a Security Treaty with the United States based on the right of self-defense. Even after the conclusion of the Cold War, they have chosen to strengthen the Treaty rather than give effect to Japan's "Peace Constitution". Other states are also caught up in the same current, taking actions not precluded by the UN Charter. Whatever regime should follow the present one, it will draw more on the humanity principle based on "freedom of conscience".
This work should be read by anyone interested in the development of international law and its influence on international relations.
目次
Foreword. Introduction. 1: The changing law in postwar international society. 1. International law as the general order in international society. 2. The international legal order in changed circumstances. 3. The international legal order under the principle of war renunciation. 4. The United Nations ad the positive order in international society. 2: An international legal order achieved through self-defense. 1. The social characteristics of self-defense in the international legal regime. 2. The social functions of self-defense. 3. Regional principles achieved through self-defense. 4. Ensuring humanitarian principles. 3: A postwar international regime characterized by "enemy" status. 1. "Enemy" status resulting from the invalidation of traditional international law. 2. Rehabilitation of an "enemy" state on the basis of the Allies' ideals. 3. The US-Japan Security Treaty in a regional international regime. 4. "Enemy" status liquidated through integration into a regional regime. 5. Concluding remarks. Select Bibliography. Appendix. Index.
「Nielsen BookData」 より
