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掲載点数 全10件

国際公法

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1

Trousson, Raymond / Vercruysse, Jeroom (dir.), Dictionnaire general de Voltaire. (Champion classiques, references et dictionnaires 18) 1272 p. 2020:10 (Champion, FR) <670-9>
ISBN 978-2-38096-016-7 paper ¥7,064.- (税込) EUR 38.00

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1

S.Casey-Maslen他著 民間人の保護に関する国際法・政策
Casey-Maslen, Stuart / Vestner, Tobias, International Law and Policy on the Protection of Civilians. 2022:9 (Cambridge U. Pr., UK) <675-607>
ISBN 978-1-316-51144-2 hard ¥30,087.- (税込) GB£ 104.00 *

This is the first comprehensive treatment of international law and policy on the protection of civilians in armed conflict. In addition to international humanitarian and human rights law, jus ad bellum, disarmament law, and international criminal law are all critical to civilian protection. The book offers in-depth analysis and explanation of the normative framework while also outlining and discussing the policies of concerned States and international and humanitarian organisations. The role of the United Nations as a key actor is considered along with regional organisations such as the African Union, the European Union, and NATO. Particular attention is given to those at direct risk of harm during armed conflict, including children, women, persons with disabilities, and LGBTI persons.

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2

多角的法秩序の危機
Gruszczynski, Lukasz / Menkes, Marcin J. et al. (eds.), The Crisis of Multilateral Legal Order: Causes, Dynamics and Implication. (Transnational Law and Governance) 360 pp. 2023 (Routledge, UK) * paper 2024 <675-609>
ISBN 978-1-032-11663-1 hard ¥41,948.- (税込) GB£ 145.00 *
ISBN 978-1-032-32105-9 paper ¥11,568.- (税込) GB£ 39.99 *

Multilateralism has served as a foundation for international cooperation over the past several decades. Championed after the Second World War by the United States and Western Europe, it expanded into a broader global system of governance with the end of the Cold War. Lately, an increasing number of States appear to be disappointed with the existing multilateral arrangements, both at the level of norms and that of institutions. The great powers see unilateral and bilateral strategies, which maximize their political leverage rather than diluting it in multilateral fora, as more effective ways for controlling the course of international affairs.The signs of the crisis have been visible for some time - but recent crises indicate an acceleration of the on-going disintegration of the multilateral system, such as Brexit, growing resistance on the part of States to international monitoring of compliance and the radical change in the US foreign policy during the presidency of Donald Trump which saw the US withdraw from several multilateral agreements (e.g. the Iran Nuclear Deal and the Paris Agreement), leave some international organizations or bodies (e.g. the United Nations Human Rights Council or the World Health Organization) or paralyze some others (e.g. the World Trade Organization (WTO)).Tackling the debate surrounding the crisis of multilateralism and the related transformation of the underlying international legal order, The Crisis of Multilateral Legal Order analyzes selected aspects of the current crisis from the perspective of public international law to identify the nature of the crisis, its dynamics, and implications.

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3

政治学と国際法
Johns, Leslie, Politics and International Law: Making, Breaking, and Upholding Global Rules. 380 pp. 2022:5 (Cambridge U. Pr., UK) <675-611>
ISBN 978-1-108-83370-7 hard ¥32,980.- (税込) GB£ 114.00 *
ISBN 978-1-108-98665-6 paper ¥11,572.- (税込) GB£ 40.00 *

International law shapes nearly every aspect of our lives. It affects the food we eat, the products we buy, the rights we hold, and the wars we fight. Yet international law is often believed to be the exclusive domain of well-heeled professionals with years of legal training. This text uses clear, accessible writing and contemporary political examples to explain where international law comes from, how actors decide whether to follow international law, and how international law is upheld using legal and political tools. Suitable for undergraduate and graduate students, this book is accessible to a wide audience and is written for anyone who wants to understand how global rules shape and transform international politics. Each chapter is framed by a case study that examines a current political issue, such as the bombing of Yemen or the use of chemical weapons in Syria, encouraging students to draw connections between theoretical concepts and real-world situations. The chapters are modular and self-contained, and each is paired with multiple Supplemental Cases: edited and annotated judicial opinions. Accompanied by ready-to-use PowerPoint slides and a testbank for instructors.

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4

Malu, Linus Nnabuike, Transitional Justice in West Africa. 272 pp. 2022:8 (Routledge, UK) * paper 2024 <675-612>
ISBN 978-1-032-12297-7 hard ¥41,948.- (税込) GB£ 145.00 *
ISBN 978-1-032-15202-8 paper ¥11,568.- (税込) GB£ 39.99 *

This book explores the challenges of transitional justice in West Africa, specifically how countries in the region have dealt with transitional justice problems in the last 30 years (1990-2020), and how they have managed the process.Using comparative, historical, and legal analyses it examines the politics of justice after violent conflicts in West Africa, the major transitional justice mechanisms established in the region, and how countries have used these institutions to address injustice and the pains of war in some West African countries. The book examines how transitional justice mechanisms have contributed to victims' rights, reconciliation, and peace in transitional societies, and whether transitional justice mechanisms deployed in West Africa were suitable or ill-fitted, and the politics of deploying them. The book is addressed to a wide audience: policymakers, and graduate and post-graduate students of transitional justice, conflict resolution, peace studies, conflict transformation, international criminal law, law and similar subjects.This book will be of great value to academics and researchers, as well as lecturers in tertiary institutions offering relevant courses; legal practitioners; peace practitioners/NGOs; and those working in the field of transitional justice and human rights.

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5

比較承認・執行-外国の判決・仲裁判断
Stamboulakis, Drossos, Comparative Recognition and Enforcement: Foreign Judgments and Awards. 256 pp. 2022:9 (Cambridge U. Pr., UK) <675-614>
ISBN 978-1-316-51392-7 hard ¥25,458.- (税込) GB£ 88.00 *

This book provides the first detailed analysis of recognition and enforcement of foreign judgments and awards in civil and commercial matters from a transnational perspective. This perspective facilitates greater understanding of the present state of recognition and enforcement and offers insight into the establishment and operation of key modern instruments. This book represents a timely contribution, as instruments harmonising and promoting recognition and enforcement are increasingly being considered and implemented internationally. Many countries have recently reiterated their commitment to improving access to justice and have indicated an intention to sign one or both of the treaties designed to harmonise and promote recognition and enforcement of civil and commercial judgments internationally: the 2005 Choice of Court Convention or the 2019 Judgments Convention. This book is an essential resource for policymakers, scholars, and intergovernmental organisations to understand the nature and origin of recognition and enforcement approaches, as well as their application, interpretation, and future directions.

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6

国際法におけるジェノサイドの分類
Uraz, Onur, Classifying Genocide in International Law: The Substantiality Requirement. 320 pp. 2022:8 (Routledge, UK) * paper 2024 <675-615>
ISBN 978-1-032-13242-6 hard ¥43,395.- (税込) GB£ 150.00 *
ISBN 978-1-032-13246-4 paper ¥11,568.- (税込) GB£ 39.99 *

This book offers an in-depth examination into genocide law by focusing on one of the lesser examined, yet practically significant, issues: the 'substantiality requirement'. This refers to the requirement in international law that intended destruction should be directed towards a 'substantial' part of a protected group in order for an atrocity to qualify as genocide. This comprehensive and detailed study draws connections between different judicial approaches to 'substantiality' and the varying theoretical presumptions about the constitutive concepts of the crime. This prima facia doctrinal problem is used as a springboard to scrutinise the broader theoretical problems underlying the legal conceptualisation of genocide.The book systematically explores how the individualistic and collectivistic conceptions of the crime have been able to co-exist in case law and how the different approaches to assessing substantiality have played a backdoor role between these two conceptions. The work demonstrates that these two philosophical standpoints are far from effectively representing the reality of the protected groups and fully explaining the harm inherent to group destruction. The book revisits the recent philosophical and sociological studies on the crime and, considering ideas from the emerging 'relational approaches to genocide', offers a third way to understand the existing legal representation of the crime and, consequently, the idea of 'substantiality'. It demonstrates the practical significance of its theoretical debates and applies its novel perspective through a case study on South Sudan.This book will be highly useful to students and scholars with an interest in genocide studies, international criminal law and legal theory. It will also be of interest to policymakers engaged with issues around genocide.

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7

Esfahani, Hesam Seyyed / Tranchant, Carole C. (dir.), La Convention internationale des droits de l'enfant 30 ans apres son adoption par l'Assemblee generale des Nations unies: Realites d'hier et defis d'aujourd'hui: actes de colloque. x, 82 p. 2022:2 (Hermann, FR) <675-506>
ISBN 979-10-370-1704-8 paper ¥4,702.- (税込) EUR 19.00 *

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8

Guematcha, Emmanuel, The Trial of Hissein Habre: The International Crimes of a Former Head of State. 202 pp. 2022:6 (Lexington Books, US) <675-541>
ISBN 978-1-6669-0391-1 hard ¥21,230.- (税込) US$ 100.00 *

In The Trial of Hissein Habre: The International Crimes of a Former Head of State, Emmanuel Guematcha recounts the trial of Hissein Habre, the former Head of State of Chad. Accused of committing crimes against humanity, war crimes, and torture while he ruled Chad between 1982 and 1990, he was tried and sentenced to life imprisonment in 2016 and 2017 by the African Extraordinary Chambers. Guematcha examines the process that led to this achievement in Africa, including the failed attempts to try Hissein Habre in the Senegalese, Chadian, and Belgian courts. Guematcha discusses the mobilization of victims and the involvement of non-governmental and international organizations. He describes the particularities of the Extraordinary African Chambers, discusses the establishment of Hissein Habre's criminal responsibility, and presents the trial through the testimonies of several victims, witnesses, and experts. These testimonies shed light on what it means for individuals to be subjected to international crimes. The author also questions the impact and significance of the trial in Africa and beyond.

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9

戦争、国家、国際秩序-アルベリコ・ジェンティーリと戦争法の基礎的神話
Vergerio, Claire, War, States, and International Order: Alberico Gentili and the Foundational Myth of the Laws of War. (Cambridge Studies in International Relations) 320 pp. 2022:7 (Cambridge U. Pr., UK) <675-452>
ISBN 978-1-009-09801-4 hard ¥22,565.- (税込) GB£ 78.00 *

Who has the right to wage war? The answer to this question constitutes one of the most fundamental organizing principles of any international order. Under contemporary international humanitarian law, this right is essentially restricted to sovereign states. It has been conventionally assumed that this arrangement derives from the ideas of the late-sixteenth century jurist Alberico Gentili. Claire Vergerio argues that this story is a myth, invented in the late 1800s by a group of prominent international lawyers who crafted what would become the contemporary laws of war. These lawyers reinterpreted Gentili's writings on war after centuries of marginal interest, and this revival was deeply intertwined with a project of making the modern sovereign state the sole subject of international law. By uncovering the genesis and diffusion of this narrative, Vergerio calls for a profound reassessment of when and with what consequences war became the exclusive prerogative of sovereign states.

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10

後退する法の支配-国連の世界における司法への課題
Redo, Slawomir (ed.), The Rule of Law in Retreat: Challenges to Justice in the United Nations World. 402 pp. 2022:2 (Lexington Books, US) <675-465>
ISBN 978-1-6669-1156-5 hard ¥28,023.- (税込) US$ 132.00 *

In the past decade the Rule of Law developments in the world have become contentious; its idea, concept, and global implementation have met growing resistance, which may soon shift the global balance of power, prompting international crisis.This book offers insights into the globally relevant Rule-of-Law ramifications for human rights, consitutional law, and philosophy of law in the time of such considerable challenges to it. From this legal perspective, the contributors analyze the questions of independence of judiciary, liberal education, freedom of mass media; populism, and corruption. They discuss global civic education, enhanced social inclusion, violence prevention, restorative justice and other methods of civic participation that can create larger opportunities for freedom in a UN world and help overcome increased ideological division between global North and South.

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