Hitotsubashi journal of law and politics最新文献

{"title":"COMPLETION OF EU MEASURES THROUGH COURT DECISIONS: THE EXAMPLE OF THE EUROPEAN ARREST WARRANT","authors":"Yumiko Nakanishi","doi":"10.15057/28305","DOIUrl":"https://doi.org/10.15057/28305","url":null,"abstract":"The Council Framework Decision on the European Arrest Warrant (EAW) was adopted as an EU measure in 2002. With this Framework Decision, the system of the EAW was introduced in European Countries. The Melloni Case of the CJEU had an impact on EU Member States. After that, the German Federal Constitutional Court (GFCC) had the opportunity to treat the Melloni decision on the EAW. The GFCC checked it, based on the identity review, and opened a way of derogating the measure. The decision of the GFCC is called “Solange III.” The CJEU reacted to the CFCCʼs decision and accepted it to some extent. Then, GFCC treated the CJEUʼs decision on the EAW again. Those decisions of the GFCC and CJEU contributed to complementing the EAW system through dialogue between them. This article aims to show the process of completion of an EU measure through court decisions, using the framework decision on the EAW as an example.","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124896575","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 ISSUE OF LACUNAE IN INTERNATIONAL LAW AND NON LIQUET REVISITED","authors":"K. Morita","doi":"10.15057/28304","DOIUrl":"https://doi.org/10.15057/28304","url":null,"abstract":"The question of whether international tribunals should declare non liquet when faced with lacunae in international law has long been an issue. In 1875, lʼInstitut de Droit International denied the declaration of non liquet by international tribunals in its Resolution saying “le tribunal arbitral ne peut refuser de prononcer sous le prétexte quʼil nʼest pas suffisamment éclairé soit sur les faits, soit sur les principes juridiques quʼil doit appliquer.” 1","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114567717","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 SENKAKU/DIAOYU ISLANDS DISPUTE BETWEEN CHINA AND JAPAN: IDEOLOGICAL DIFFERENCES REVEALED THROUGH DISCOURSE ANALYSIS","authors":"James R. Hunt","doi":"10.15057/27742","DOIUrl":"https://doi.org/10.15057/27742","url":null,"abstract":"An incident related to the Senkaku/Diaoyu Islands dispute between Japan and China occurred in the summer of 2010, resulting in massive anti-Japan demonstrations in mainland China. These demonstrations followed the (possibly unlawful) arrest of a Chinese fisherman by the Japanese coastguard in the disputed area. Using Hallidayʼs Systemic Functional Grammar as an analytical framework, two texts describing this incident have been analysed to uncover ideological differences encoded in the lexico-grammatical choices made by the authors. These texts were chosen because they describe the same incident, presented in different registers. Text 1 (Appendix 1) is a 298-word extract from a summary of the incident, published in The Asia-Pacific Journal (Wada, 2010). This is a peer-reviewed, open source journal which provides analysis of events in the Asia-Pacific. The author, Professor Haruki Wada, is a native Japanese researcher. Text 2 (Appendix 2) is a 385-word extract of a newspaper article related to the incident, published by China Daily (Wei, 2010). China Daily is the only official English language newspaper in China and its reports are ideologically affiliated with the Chinese Communist Party (Scollon, 2000, as cited in Li, 2010). As such, it plays an important role in expressing the nations ideologies to the international community. The author, Wei Tian, is a native Chinese journalist. Table 1 provides an overview of the two texts. This paper presents the results of a text analysis of the two articles and uncovers the ideological differences reflected in the lexicoHitotsubashi Journal of Law and Politics 44 (2016), pp.31-41. C Hitotsubashi University","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115047461","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 REASONS FOR CHINA TO SENTENCE SOME BRIBERY OFFENDERS TO DEATH: FROM AN INTERNATIONAL COMPARATIVE PERSPECTIVE","authors":"Yunhai Wang","doi":"10.15057/27745","DOIUrl":"https://doi.org/10.15057/27745","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"268 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123263348","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":"LIABILITY FOR ENVIRONMENTAL HARM IN EUROPE: TOWARDS A HARMONISED REGIME?","authors":"B. Pozzo","doi":"10.15057/27743","DOIUrl":"https://doi.org/10.15057/27743","url":null,"abstract":"During the 1980s, the question of liability for environmental harm emerged as a critical question in various legal systems, as well as at supranational level. A trend emerged aimed at the re-evaluation of civil liability as an instrument for the prevention of damage arising from pollution activities potentially dangerous to mankind and the environment. In particular, it is important to remember that since the beginning of the ʼ80s attention paid to environmental Hitotsubashi Journal of Law and Politics 44 (2016), pp.43-65. C Hitotsubashi University","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126478799","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":"ECONOMIC PARTNERSHIP AGREEMENT BETWEEN JAPAN AND THE EUROPEAN UNION AND LEGAL ISSUES: A FOCUS ON INVESTMENT","authors":"Yumiko Nakanishi","doi":"10.15057/27744","DOIUrl":"https://doi.org/10.15057/27744","url":null,"abstract":"Negotiations regarding the free trade agreement between Japan and the European Union (EU) date back to 28 May 2011, just after the Fukushima accident. Both sides agreed to start a scoping process to conclude a free trade agreement (FTA). At that time, the EU and South Korea concluded a free trade agreement that entered into force in July 2011. Facing such a change, Japanese economic circles began demanding a similar agreement with the EU because Korean and Japanese products compete to some extent. Following the successful conclusion of the Scoping Exercise, the European Commission decided to ask the Council of the EU for a negotiating mandate for the Japan-EU negotiations in July 2012. The first round of negotiations was conducted in Brussels from 15 to 19 April 2013 with the second round taking place in Tokyo from 24 June to 3 July 2013. The deadline for the negotiations was set for one year hence from the EU side. One year later, the EU reviewed the negotiations process and decided to continue to negotiate with Japan. Most recently, the thirteenth round of negotiations on the Japan-EU Economic Partnership Agreement (EPA) took place from 26 October to 6 November 2015. According to the Ministry of Economy, Trade and Industry (METI), the EU is an important trade partner that accounts for 10% of the Japanese total import and export value (the third largest value behind China and the USA). 1 Japanʼs investment in the EU is the secondlargest investment destination behind the USA, and investment from the EU is the largest in Japan. 2 Japanʼs main areas of interest are 1) tariff elimination of EU industrial goods (e.g. auto 10%, electronic devices 14%), 2) movement of persons and other barriers and 3) transparency and improvement of the operation of regulations. 3 The first area holds the most interest for Japan and Japanese companies. On the other hand, the EUʼs interests are 1) Japanʼs Non-Tariff Hitotsubashi Journal of Law and Politics 44 (2016), pp.19-30. C Hitotsubashi University","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124978471","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":"SELF-DETERMINATION: PEOPLE'S WILL OR STRATEGIC INTEREST?","authors":"Setsuko Kawahara","doi":"10.15057/27102","DOIUrl":"https://doi.org/10.15057/27102","url":null,"abstract":"Self-determination is an international norm which has developed relatively recently. It is an important basis for human rights and democracy, having greatly contributed to ending colonialism and apartheid. One striking aspect of this norm is that its interpretation and application are extremely diverse, and have evolved over time, intertwining international politics and law. In other words, the concept is multi-faceted and contains a significant degree of ambiguity, leading to a tendency of each actor to interpret and utilize it for their own interests. 1","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"101 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130343261","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":"MYTH AND LEGAL REALITY OF ALTERNATIVE DISPUTE RESOLUTION IN JAPAN : A COMPARATIVE ANALYSIS","authors":"F. Diedrich","doi":"10.15057/27098","DOIUrl":"https://doi.org/10.15057/27098","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117163662","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":"LEGAL ASPECTS OF THE EMISSIONS TRADING SCHEME BASED ON \"CAP AND TRADE\"","authors":"K. Morita","doi":"10.15057/27100","DOIUrl":"https://doi.org/10.15057/27100","url":null,"abstract":"","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122933952","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":"FOREIGN DIRECT INVESTMENT : A \"COINCIDENTAL\" COMPETENCE OF THE EU?","authors":"Christoph Herrmann, Judith Crämer","doi":"10.15057/27099","DOIUrl":"https://doi.org/10.15057/27099","url":null,"abstract":"This article gives an overview of the current status of EU foreign investment policy and outlines the direction in which it is headed. It is also testimony to the fact that when the competence for foreign direct investment was conferred upon the EU, deliberations on what this should entail were not really made. To begin with, the powers of the EU with respect to Hitotsubashi Journal of Law and Politics 43 (2015), pp.85-109. C Hitotsubashi University * The Author, Prof. Dr. Christoph Herrmann, LL.M. (London) holds the Chair for Constitutional and Administrative Law, European Law, European and International Economic Law at the University of Passau and is Academic Director of the Certificate of Studies in European, Comparative and International Law (CECIL) programme. Email: christoph.herrmann@uni-passau.de. ** Judith Crämer, LL.M. (Maastricht, Toulouse) is research assistant and PhD candidate at the Chair of Professor Herrmann at the University of Passau and Coordinator of CECIL. Email: judith.craemer@uni-passau.de. FDI before and after the Treaty of Lisbon entered into force are presented. As the EU has been empowered to regulate FDI matters for its Member States since the Treaty of Lisbon entered into force, there is potential for conflict. Therefore, the second part of this paper analyses the current legal status of intraand extra-EU BITs and presents the BITs Regulation, a first attempt of the EU to define its competence and bring clarity with respect to the legal status of extra-EU BITs. Additionally, the special status of the Energy Charter Treaty is addressed. The third part of the paper will concentrate on the shape the common European investment policy might take in the future, with express reference to the new role of the instutions in regulating FDI and their positions towards FDI as a new competence. It seems from the EU-Canada trade agreement, which may be the first agreement to be concluded under the new competence, that the EU is opting for a rather broad competence including preand post-establishment of investments as well as portfolio investments. The European citizens, however, are not in favour of concluding any agreement. It will be concluded that the transfer of the competence was sudden, but the foundation for a solid European policy has been laid in the past five years.","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132549507","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}