国際法基礎理論

内容・進め方・主要文献等

We will examine the place and functions of the concepts of civilization and culture in the theory and practice of international law. The seminar will be divided into two parts. Prof L. Malksoo, visiting scholar to the Faculty, will join the seminar from April through July 2007. During this period the seminar will be conducted in English. From October 2007 through January 2008, it will be conducted in Japanese. The seminar will be held basically every two weeks.

Those who want to participate in the seminar are expected to read major writings on the subject as exemplified in the teaching materials from April through July 2007. From October 2007 through January 2008, reading of Japanese and English writings on the subject and/or presentation of the research by each participant of the seminar will be expected.

The actual handling of the seminar will be very flexible. Individual wishes of the respective participant will be fully appreciated and respected. For example, if you would like to choose the subject of your presentation which is closely related to the subject of your master thesis, this would be basically accepted.

So, don't worry. Both Prof Malksoo and I will speak English very slowly. Enjoy the seminar, and exploit Prof Malksoo, a young rising star in the international legal studies in Europe, as much as you can.

教材等

Excerpts from Onuma, “When was the Law of International Society Born?” Journal of the History of International Law, II, no.2 (2000); Onuma, “A Transcivilizational Perspective on Global Legal Order in the Twenty-First Century,” Ronald St. John Macdonald & Douglas M. Johnston, eds., Towards World Constitutionalism (Martinus Nijhoff Publishers, 2005) and other writings on the subject of the seminar will be provided.

授業日程

4月16日　オリエンテーション
4月23日　Richard Falk, Lester Edwin J. Ruiz, R.B.J. Walker(eds),Reframing the international : law, culture, politics , 2002
5月7日　Koskenniemi, The gentle civilizer of nations : the rise and fall of international law 1870-1960, 2001
5月21日　Sinha, Legal Polycentricity and International Law, 1996
6月4日　Bunn-Livingstone , Juricultural pluralism vis-?-vis treaty law : state practice and attitudes, 2002
6月18日　Onuma,"When was the Law of International Society Born?", Journal of the History of International Law, II, no.2 (2000)
7月2日　Onuma, "Towards an Intercivilizational Approach to Human Rights,"Asian Yearbook of International Law, VII (2001)
２００７年１０月−2008年１月　ゼミ参加者による報告を原則として隔週に行う。

成績評価の方法

レポートを含む平常点による。