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This book analyses he implementation of the United Nations
Convention on the Law of the Sea (UNCLOS) in the light of state
practices of China and Japan. The special character of the book can
be found in its structure of comparative analysis of the practices
of China and Japan in each part. The focus is on historical aspects
(Part I), implementation of the UNCLOS (Part II), navigation (Part
III), mid-ocean archipelagos (Part IV), the marine environment
(Part V), and dispute settlement (Part VI). By taking this
approach, the book elucidates a variety of aspects of history,
difficulties, problems, and controversies arising from the
implementation of the UNCLOS by the two nations. Furthermore,
contributors from China and Japan tend to show different
perspectives on the UNCLOS, which, by clarifying the need for
further debate, are expected to contribute to the continuing
cooperation between the academics of the two states.
This book examines the concept of 'development' from alternative
perspectives and analyzes how different approaches influence law.
'Sustainable development' focuses on balancing economic progress,
environmental protection, individual rights, and collective
interests. It requires a holistic approach to human beings in their
individual and social dimensions, which can be seen as a reference
to 'integral human development' - a concept found in ethics.
'Development' can be considered as a value or a goal. But it also
has a normative dimension influencing lawmaking and legal
application; it is a rule of interpretation, which harmonizes the
application of conflicting norms, and which is often based on the
ethical and anthropological assumptions of the decision maker. This
research examines how different approaches to 'development' and
their impact on law can coexist in pluralistic and multicultural
societies, and how to evaluate their legitimacy, analyzing the
problem from an overarching theoretical perspective. It also
discusses case studies stemming from different branches of law.
This book analyses he implementation of the United Nations
Convention on the Law of the Sea (UNCLOS) in the light of state
practices of China and Japan. The special character of the book can
be found in its structure of comparative analysis of the practices
of China and Japan in each part. The focus is on historical aspects
(Part I), implementation of the UNCLOS (Part II), navigation (Part
III), mid-ocean archipelagos (Part IV), the marine environment
(Part V), and dispute settlement (Part VI). By taking this
approach, the book elucidates a variety of aspects of history,
difficulties, problems, and controversies arising from the
implementation of the UNCLOS by the two nations. Furthermore,
contributors from China and Japan tend to show different
perspectives on the UNCLOS, which, by clarifying the need for
further debate, are expected to contribute to the continuing
cooperation between the academics of the two states.
This book examines the concept of 'development' from alternative
perspectives and analyzes how different approaches influence law.
'Sustainable development' focuses on balancing economic progress,
environmental protection, individual rights, and collective
interests. It requires a holistic approach to human beings in their
individual and social dimensions, which can be seen as a reference
to 'integral human development' - a concept found in ethics.
'Development' can be considered as a value or a goal. But it also
has a normative dimension influencing lawmaking and legal
application; it is a rule of interpretation, which harmonizes the
application of conflicting norms, and which is often based on the
ethical and anthropological assumptions of the decision maker. This
research examines how different approaches to 'development' and
their impact on law can coexist in pluralistic and multicultural
societies, and how to evaluate their legitimacy, analyzing the
problem from an overarching theoretical perspective. It also
discusses case studies stemming from different branches of law.
This is the first book to focus on the theoretical and practical
issues of export control. It combines the points of view of
Japanese and French academics and practitioners, including
personnel at several governmental institutions and private
companies. Presenting the results of a collaboration between
Japanese and French academics, it contributes to the development of
a new debate on export control. Although export control has been
discussed within the framework of international law in terms of
peace and security, its scope has now been expanded to
international economic law (i.e., WTO law and international
investment law). This means that in order to discuss export control
appropriately, the two areas of law have to be combined. At the
same time, this topic is not only academic and theoretical but
touches upon very real and practical aspects of trade, export, and
foreign investment. When we tighten embargos and economic sanctions
for anti-terrorism or anti-nuclearization purposes, we encounter
more and more cases of conflict between security and the
liberalization of economic relations in the world. For this reason,
a wide range of collaborative work is needed in this area. This
timely book addresses various aspects of the current export control
debate.
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