“An Empirical Study on the Domestic Implementation of International Legal Norms Regarding Multicultural Conviviality and Gender and on the Peaceful Settlement Mechanisms in International Conflicts”

Key questions

• What are the new roles and new functions of international legal norms in this globalized contemporary world?
• Does globalization influence the relationship between international law and domestic law? If so, how?

Research Purpose and Approach

This research project aims to perform empirical studies on how laws and regulations of the modern international society regarding multicultural coexistence and gender equality are placed in domestic legal system for actual implementation in specific cases. We will carry out studies while paying attention to linking and crossing international legal norms with domestic legal procedures from multi-diversity and comprehensive viewpoints. At the same time, we will clarify what practical role international laws and regulations play as a new framework for solving international disputes in a globalized international society where multicultural conviviality has become essential. Then, we can shed light on the new role of international law in the era of global multicultural conviviality to theoretically re-examine and present problem-oriented researches as well as a certain number of theoretical recommendations.

For that purpose, we will address: 1) fields of international human rights laws, including International Convention on the Elimination of All Forms of Discrimination against Women the and International Covenants on Human Rights (Social Rights, and Civil and Political Rights); 2) fields of international criminal laws including the Rome Statute on International Criminal Court (ICC); and 3) international economic laws surrounding global economic activities and trade. In addition, other important issues to be examined include: 4) international environmental laws which require legal and political responses on a global scale and fields of environmental laws; and 5) law of the sea and maritime laws that have an extensive point of controversy including resource development, fishery issues, and preservation of ocean environment.

In examining these issues we intend to clarify the reality of linking and crossing domestic legal orders and international legal norms by taking into account both judicial and administrative procedures in the domestic field as well as dispute settlement procedures in the international arena. Then we will seek a theoretical basis to establish appropriate legal norms and legal systems in the era of multicultural conviviality through joint work of international and domestic law researchers as well via discussions and exchanges among researchers throughout the world.

Research Activities

During FY 2009, we discussed over the report presented by the leader of this project at the GCOE monthly workshop in July, and we published a part of the research achievements presented at a mini-symposium that we organized at the Hagi Seminar in October in the GCOE’s journal. Also, we held in Tokyo a symposium titled “The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) 30th Anniversary Forum: Japan’s Challenge” in December, where experts in their fields pursued discussion over how to ensure domestic implementation of International Covenants on Human Rights and CEDAW.

In FY2010, we will continue to further our empirical study on the domestic implementation of international legal norms in the fields mentioned above (1) to (5) through regular workshops and other opportunities. In the field of the law of the sea, mentioned as (5), we are planning to hold an international mini-workshop to examine the domestic implementation of the law of the sea in each of the Eastern Asian countries.

Project Leader

UEKI, Toshiya

Affiliation

Tohoku University Executive Vice President School of Law⋅Professory

Research Fields

International Law

Results

List

Member