Hitotsubashi journal of law and politics最新文献

{"title":"Recent Development in the European Union Regarding Investment Dispute Settlement Mechanism - An Analysis of the Comprehensive Economic and Trade Agreement: CETA -","authors":"K. Morita","doi":"10.15057/30997","DOIUrl":"https://doi.org/10.15057/30997","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"23 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121005104","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Libertarians on Restrictions on Immigration","authors":"S. Morimura","doi":"10.15057/30991","DOIUrl":"https://doi.org/10.15057/30991","url":null,"abstract":"It is generally understood that libertarians support free immigration and oppose closed borders. There are, however, a not insubstantial number of libertarians or classical liberals who argue for restrictions on immigration. They include such eminent figures as Friedrich Hayek and later Murray Rothbard. In this paper, I examine typical arguments among libertarians both for and against such restrictions. While a standard libertarian case for open borders appeals to prospective immigrantsʼ freedom of movement as well as economic considerations, some libertarians argue for restrictions on immigration for such reasons as the host stateʼs property rights in its territory, social or cultural integrity and the citizensʼ desire not to associate with immigrants. Those alleged reasons are, however, incoherent and/or unconvincing. First, while a state has legitimate property rights in its land, it cannot justifiably exclude foreigners as far as it permits its citizens to use it. Public property should be open to all. Second, since a state or nation is not a private voluntary community based upon its membersʼ agreement, but rather, an involuntary community whose membership is usually difficult to change, the application of freedom of association to citizenship is misconceived. Third, while some citizens are reluctant to associate with immigrants, they are not forced to do so even when immigrants enter the state, and perhaps other citizens are quite happy to associate with or hire them. Fourth, from a libertarian perspective, it is not a stateʼs business to preserve its cultural or social integrity. Though my conclusion that those libertariansʼ arguments for restrictions on immigration are unsuccessful ̶ unlike the standard libertarian case for open borders ̶ is hardly surprising, it is still worth demonstrating, if only because libertarianism is often confused with conservatism in popular or partisan political discourse.","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130109589","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Interactions between EU Law and International Investment Law: The Five Acts of a Kabuki Play","authors":"Edoardo Stoppioni","doi":"10.15057/30994","DOIUrl":"https://doi.org/10.15057/30994","url":null,"abstract":"The question of the linkages between EU law and international investment law has a long and complex history. The complicated relationship between the two branches is a hot topic in both EU and international law, considering the important number of investment arbitration cases ongoing in an intra-EU setting and the multiplication of EU free-trade agreements developing new investment dispute settlement mechanisms. It is also of great importance for the economic relations between Japan and the EU, most notably after the EPA and JEFTA were concluded. But the story of these relationships is most conspicuously a story of conflicts between courts and tribunals in the EU and the international judicial system. The case law of the ECJ on international arbitration was always based on a certain Manichean dichotomy between the EU legal order and the arbitral legal order: they would be two worlds apart, based on different fundamental premises (one based on fundamental trust in the national judge, the other aiming to avoid it). This conflict reached a peak with the “big NO” that the ECJ pronounced against intra-EU investment arbitration in the 2018 Achmea decision, a judgment that investment tribunals disregarded for several reasons, reinforcing the fragmentation between EU constitutional law and international investment law. Nevertheless, the recent Opinion 1/17 sounded like a “big YES” to a reformed ISDS model in extra-EU relations. The overall idea of this article is to theorize how the ECJ progressively constructed a regime conflict (using the expression of Gunther Teubner and Andreas Fischer-Lescano) between EU law and investment arbitration. The Court purposefully created fragmentation by Hitotsubashi Journal of Law and Politics 48 (2020), pp.37-52. C Hitotsubashi University","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116258211","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Climate Change and Environmental Issues in the Economic Partnership Agreement and the Strategic Partnership Agreement between the European Union and Japan","authors":"Yumiko Nakanishi","doi":"10.15057/30992","DOIUrl":"https://doi.org/10.15057/30992","url":null,"abstract":"on 17 July 2018. The former is a so-called “EU only agreement” which the EU can conclude alone without participation of the EU Member States. Therefore, after the ratification by the EU and Japan, it entered into force on 1 February 2019. On the other hand, the latter is a mixed agreement and needs to be ratified by the EU and all the EU Member States. As a result, its provisional application commenced on that day. In the beginning Japan wanted to conclude only the EPA because Japanese companies were concerned about adverse effects in the export-manufacturing fields by the conclusion of the FTA between the EU and South Korea. On the other hand, from the outset, the EU requested a binding agreement, covering political, global and other sectoral cooperation in a comprehensive manner. 3 Since the enactment of the Treaty of Lisbon in 2009, the EU has had its own values and those values should be applied in EU external action. According to Article 21 Treaty on the European Union (TEU), the EU shall seek to develop relations and build partnerships with third countries that share principles such as democracy, the rule of law, and respect of human rights. 4 Hitotsubashi Journal of Law and Politics 48 (2020), pp.9-21. C Hitotsubashi University","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116267475","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Augmented Human and Artificial Intelligence: What Ethic for the Human of the Future? The Example of the Exoskeleton","authors":"Bentaïeb Kamilia","doi":"10.15057/30996","DOIUrl":"https://doi.org/10.15057/30996","url":null,"abstract":"Artificial intelligence invades slowly the field of the medical and industrial areas. One of the most relevant technology using artificial intelligence is certainly the exoskeleton which may face extraordinary evolutions. The medical issues are very important, as well as the fear they can present due to the risk to create an augmented human. That is why the reflection about artificial intelligence and its issues are now led by the European Union instances. The impact of new technologies in the fields of nanotechnologies, biotechnologies, computer sciences and cognitive sciences invites us to question the possibility of upgrading of human beings. What is specific about artificial intelligence is its ability to imitate human intelligence, yet it distinguishes itself when it comes to fastness of analysis. However, even though human intelligence and upgraded intelligence remain dissociated, ethical concerns emerge when both start merging. Moreover, we can wonder if human intelligence can be automatically considered as upgraded. Yet, to fully comprehend the correlation between the two, we must first understand each definition on its own. Generally, intelligence has been defined as the set of mental and cognitive capacities attributed to an individual and which make him able to understand reasonings and to learn new concepts and paradigms. It is the “ability to learn and understand” . Artificial intelligence, on the other hand, is not that easy to define. Scholars have attempted to explain it around key concepts: its purposes, data dealing, investigation methods, and the knowledge that resulted from it. Defining artificial intelligence is also quite difficult because it is based on understanding how human cognition works in order to create a similar artificial cognitive system. Artificial intelligence thus depends on several fields of study such as mathematics, cognitive sciences, and of course, computer sciences. Considering this, artificial intelligence would be the kind of science which consists in building computer programs able to accomplish tasks that would normally require a human form of Hitotsubashi Journal of Law and Politics 48 (2020), pp.63-67. C Hitotsubashi University * Presentation previously delivered in 1st Workshop of SAKURA Program, JSPS Bilateral Joint research projects (MEAE-MESRI), “The Future of Intellectual Property Law and Competition Law in the AI Era A Comparative SocioLegal Study between France and Japan” in Hitotsubashi University, 2019/05/16 ** PhD Student, Toulouse I Capitole University 1 « Intelligence ». Def. 1. Le Petit Robert, dictionnaire alphabétique et analogique de la langue française. (2012), p.1349. 2 Jean Lassègue, « Lʼintelligence artificielle, technologie de la vision numérique du monde », Les cahiers de la justice (2019), p.205. intelligence. Some sectors of industry and research happen to be particularly concerned with such kind of combination: the merging of mechanical skills and human intelligence, especi","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114833626","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"\"New Powers Imply New Data Uses\" The Autonomous Car","authors":"G. Guégan","doi":"10.15057/30995","DOIUrl":"https://doi.org/10.15057/30995","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129352166","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The European Union Action on Single-use Plastics: A First Assessment","authors":"S. D. Vido","doi":"10.15057/30993","DOIUrl":"https://doi.org/10.15057/30993","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126278072","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Development of Case Law in Investor-State Dispute Settlement (ISDS)","authors":"K. Morita","doi":"10.15057/30080","DOIUrl":"https://doi.org/10.15057/30080","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"92 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122946282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The 2018 Qualcomm Decision and the EU Regulation of Dominant Firm Behaviour","authors":"Kuo-lien Hsieh","doi":"10.15057/30077","DOIUrl":"https://doi.org/10.15057/30077","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133501957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Bilateral Treaty on Mutual Enforcement of Judgments between Japan and China: A Discussion on Legal Structure","authors":"K. Tsang","doi":"10.15057/30078","DOIUrl":"https://doi.org/10.15057/30078","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123295169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}