Hitotsubashi journal of law and politics最新文献_第4页

TRANSITIONAL JUSTICE MECHANISMS APPLIED BY LATVIA IN ITS TRANSITION FROM COMMUNIST REGIME 拉脱维亚从共产主义政权过渡时适用的过渡司法机制

Hitotsubashi journal of law and politics Pub Date : 2012-02-01 DOI: 10.15057/22214

Inga Švarca

引用次数: 2

DEALING EFFICIENTLY WITH DISPUTES IN INTERNATIONAL COMMERCIAL TRANSACTIONS: AVOIDING AND SETTLING DISPUTES OUT OF COURT 有效处理国际商业交易中的纠纷:避免和解决庭外纠纷

Hitotsubashi journal of law and politics Pub Date : 2012-02-01 DOI: 10.15057/22215

F. Diedrich

引用次数: 0

Has the EU Become Uncontrollably Divergent? : Analysis of EU Governance, from the Treaty of Rome to the Treaty of Lisbon 欧盟的分歧是否变得无法控制?:欧盟治理分析，从《罗马条约》到《里斯本条约》

Hitotsubashi journal of law and politics Pub Date : 2011-02-01 DOI: 10.15057/19006

Jun Inoue

{"title":"Has the EU Become Uncontrollably Divergent? : Analysis of EU Governance, from the Treaty of Rome to the Treaty of Lisbon","authors":"Jun Inoue","doi":"10.15057/19006","DOIUrl":"https://doi.org/10.15057/19006","url":null,"abstract":"Political will has been essential to European Union (EU) projects; economic integration projects are no exception. The experiences of the European Coal and Steel Community, the Customs Union, the Common Market, and the Economic and Monetary Union indicate that European economic integration projects have also been driven by political will. Thus, in facing economic difficulties such as economic underdevelopment, lowered competitiveness, and financial and fiscal turmoil, it is fairly persuasive to say that Europe needs political leadership (i. e., firm will on the part of politicians) to achieve further cooperation and overcome these economic difficulties. However, the author believes that such arguments have recently come to have more significance than ever, since the vectors and extent of divergence in the EU are approaching a “danger zone”in other words, the EU has both prepared a variety of modes of governance on a variety of issues and come to emphasize input legitimacy (democracy), both at the expense of its uniformity. The main purpose of this paper is to show that the EU has tended to be too divergent, by outlining changes in governance within the EU. This paper especially focuses on the fundamental treaties of the EU: the Treaty of Rome, the Maastricht Treaty (Treaty of the European Union), the Treaty of Amsterdam, and the Treaty of Lisbon. It assesses the features of governance provided in these treaties, in light of (1) asymmetrical economic fundamentals and performance among member states, (2) the number of differentiation measures, (3) the public nature of EC/EU policies, and (4) the extent of concerns for democracy within the EU. Analysis of these fundamental treaties shows us that, recently, the EU has tended to be too divergent to make it controllable solely through political will.","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122174535","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}

引用次数: 0

Kelsen's Peace through Law and its Reception by his Contemporaries 凯尔森通过法律实现和平及其同时代人的接受

Hitotsubashi journal of law and politics Pub Date : 2011-02-01 DOI: 10.15057/19009

Judith Von Schmadel

引用次数: 3

Internationally Shared Goals and National Governments : A Case Study of France and Financing for Development 国际共同目标与国家政府:以法国与发展筹资为例

Hitotsubashi journal of law and politics Pub Date : 2010-02-01 DOI: 10.15057/18507

Jun Inoue

{"title":"Internationally Shared Goals and National Governments : A Case Study of France and Financing for Development","authors":"Jun Inoue","doi":"10.15057/18507","DOIUrl":"https://doi.org/10.15057/18507","url":null,"abstract":"This paper focuses on Franceʼs response to internationally shared ODA/GNI targets in the field of development cooperation. At the Monterrey Conference in 2002, the international community declared that they would increase the ratio of ODA/GNI to 0. 7% by 2015. Although France undertook an individual target to achieve 0. 7% in 2012, she decreased her ODA and postponed her deadline. Facing the global financial crisis, international society reaffirmed its commitment to increase ODA at the 2008 Doha Conference. The DAC peer review called on France for national improvements in development cooperation, including ODA. The European Union also urged member states to increase ODA in order to achieve the agreed-upon ODA/GNI target and argued that the current economic crisis could not stand as an excuse for decreasing aid. These pressures did not succeed in forcing France to increase her ODA. Budgetary-planning processes and the attitudes of both the President and the ministry revealed that France seemed to give up increasing ODA, while she seemed to adhere to spread the concept of Global Public Goods and new financing measures. International pressures were ineffective in changing the course of Franceʼs national strategies/plans.","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124537634","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}

引用次数: 3

Umweltgrundrechte, Umweltstaatszielbestimmungen Sowie Umweltgrundpflichten im Gefüge der Europäischen Verfassungen : Vergleichende Überlegungen mit Blick auf das Japanische Verfassungsrecht 环境基本权利、国家对环境的承诺和欧洲宪法，相当认同日本的宪法

Hitotsubashi journal of law and politics Pub Date : 2010-02-01 DOI: 10.15057/18509

Joachim Sanden

引用次数: 0

Legal Education in Austria and Germany and the Importance of the Study of Legal History 奥地利和德国的法律教育及法律史研究的重要性

Hitotsubashi journal of law and politics Pub Date : 2009-02-01 DOI: 10.15057/17320

Judith Von Schmadel

引用次数: 0

Consumer Protection in Japanese Contract Law 日本合同法中的消费者保护

Hitotsubashi journal of law and politics Pub Date : 2009-02-01 DOI: 10.15057/17323

M. Takizawa

{"title":"Consumer Protection in Japanese Contract Law","authors":"M. Takizawa","doi":"10.15057/17323","DOIUrl":"https://doi.org/10.15057/17323","url":null,"abstract":"This short report presents a survey of consumer protection under Japanese contract law. In Japan, the Consumer Contract Act was enacted in 2000, but even before this, some acts provided special remedies for consumers. Therefore, it is appropriate to divide this report into two parts, namely, before and after the Consumer Contract Act. Before discussing Japanese contract law, Iʼd like to confirm the nature of the problem ̶ the necessity for consumer protection under contract law. In Japan, although I believe the situation is almost the same in Australia, between consumers and businesses, there are considerable gaps in the quality and quantity of information and in the negotiating power (Consumer Contract Act Article 1 points out this situation). Regarding the latter point (the gap in negotiating power), we must not forget the fact that most contracts between consumers and businesses are made by means of standard contracts, for which two problems can be identified. First, many consumers fail to read the contract before agreeing to it, and even if they do read it, it can be too complicated for the consumer to understand, as is the case with insurance policies. Second, the standards are prepared by the businesses before the negotiation begins, and it is practically impossible for the consumers to ask for an amendment of the terms, which means that those terms are not negotiated. For these reasons, there can be unfair terms in contracts between consumers and businesses, hence the need for special protection for consumers.","PeriodicalId":208983,"journal":{"name":"Hitotsubashi journal of law and politics","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124610050","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}

引用次数: 3

Legitimacy of International Organizations and their Decisions : Challenges that International Organizations Face in the 21st Century 国际组织的合法性及其决定:国际组织在21世纪面临的挑战

Hitotsubashi journal of law and politics Pub Date : 2009-02-01 DOI: 10.15057/17322

Tetsuo Satō

引用次数: 8

Reform of the System for Charitable Corporations and Tax System Revision 慈善法人制度改革与税制调整

Hitotsubashi journal of law and politics Pub Date : 2009-02-01 DOI: 10.15057/17319

Tadatsune Mizuno

引用次数: 0