|授業科目名||法学特講１ International Law from Japanese Perspectives（日本の観点から見た国際法）|
|履修条件||Minimum knowledge of basic international law desired but not obligatory.|
|科目の目的・到達目標||At the end of the course, students will be expected to understand the basic characteristics of Japanese international legal theory and practice.|
The Course Structure:
The course will deal with some of the major international law problems concerning Japan:
Topics will include Japan’s historical experience with international law, International Law in Japanese Diplomacy , International Human Rights Law in Japan, Japan’s Territorial Disputes, International Law and culture, Law of the Sea, State (Non) Recognition, International Dispute Settlement and so forth. Key concepts and cases in these topics will be introduced and discussed in English. We will focus on the basic ideas, rules, important precedents and cases.
1. Introduction to the course & A very short general introduction to international law
―"De-centralized" nature of International Law ~the basics of Jurisdiction
II International Law in Japanese Legal System – Part 1
2．Acceptance and Application of International Law
①Relations between International Law and Domestic Law（General Theory)
②Effect of International Law in the Domestic Legal System(Case of Japan)
３．Application of International Law by Japanese Courts - Case Study
①in the Case of Treaty
②in the Case of Customary International Law
4. Diplomacy and its Democratic Control
①Procedure of the conclusion of Treaties
②State recognition and Diplomatic Relations
III. International human rights Law in Japan
5. International human rights law from Japanese viewpoint; cultural and historical perspectives
6. Gender problems in Japanese law and society
7. How should Japan respond to the global refugee issues?
IV. Law of the Sea and Japan
8.Implementation of the United Nations Convention on the Law of the Sea
9. Regulation on Navigation of Foreign Vessels in Japan
10. The Protection of the Marine Environment and Japan
V. Various International Law Problems
11. Modern International Law and Japan
12 Territorial Disputes between Japan and Her Neighbor Countries
13 International Responsibilities of Japanese Corporations
VI. Wrap up & responses
14.International Law from my country’s (or my) perspective
: Presentation by participants
Grading will be based on class attendance, active participation in class discussion and a final student paper. Minimum attendance 80% is required for getting any grading.
Students are required to submit a final paper (2500 words minimum for postgraduates, 1000 words minimum for undergraduates ) and its presentation before the class at the end of the course
Handout and/or reading materials will be provided for each topic.
For those who need a basic knowledge of international law in English:
Lowe,Vaughan, International Law: A very short Instruction (Oxford Univ.Pr,< Very short introductions ser.>,2016) might be a handy and convenient Introduction.
References ; Iwasawa, Y.," Domestic Application of International Law", Collected Courses of the Hague Academy of International Law Vol.378,(2016) pp.9-262.; Yanagihara,M. "Significance of the History of the Law of Nations in Europe and East Asia", Collected Courses of the Hague Academy of International Law, Volume.371(2015); The Max Planck Encyclopedia of Public International Law(Oxford Univ.Pr.)
|授業外の学習活動||Questions and request for instruction will be dealt with after each class.|