紀要論文

紀要論文

text

国際公共政策研究. 2022, 26(2), p. 135-148

大阪大学国際公共政策学会

日本語

text

2022-03

In so-called post-war compensation lawsuits, individual rights under international law are sometimes invoked as a basis for claims against the defendants, in addition to rights under domestic law. Article 3 of the 1907 Hague Convention respecting the Laws and Customs of War on Land has often been relied upon by the plaintiffs as a treaty provision stipulating individual rights. Although much has been debated as to whether this article created rights of individuals to demand compensation directly from a State or whether it merely stipulates payment of reparation between States, the legal nature of individual rights under international law has not been thoroughly discussed. To be sure, individual rights created by treaties differ from individual rights under domestic law in that the former are based on international law. However, the practical consequences produced by such a difference remain unclear. Unresolved issues include, inter alia, the extent to which a State may dispose of individual rights under international law and the manner in which these rights are applied by domestic courts. These issues will be explored in this article. The aim of this article is to correctly identify the problems that should be resolved, rather than to give a definite and final answer to those problems.

10.18910/86852

86852

戦後補償問題における「国際法上の」個人請求権の意義

和仁, 健太郎

大阪大学国際公共政策学会

日本語

2022-03

国際公共政策研究

26

2

135

148

https://hdl.handle.net/11094/86852

10.18910/86852

https://doi.org/10.18910/86852