Toward Stronger Rule of Law Against Attempts to Acquire Territory by Force: A Practitioner's View
暫譯: 強化法治以對抗武力獲取領土的企圖：實務者的觀點
Mikanagi, Tomohiro
相關主題
商品描述
This book addresses one of the most pressing issues of international law in recent years, attempts to acquire territory by force. When powerful States are not satisfied with territorial status quo and are unwilling to give up their interests for peace, there is an inherent difficulty in stopping their attempts to acquire territory by force. This book will review the efforts made so far to stop such attempts, examine the current state of rules of international law against them, and explore how rule of law can be strengthened. It is written by a former legal advisor who participated in the proceedings of the International Court of Justice (ICJ) for the Advisory Opinion issued on July 19, 2024. Based on the approach often taken by practitioners working for governments, who tend to appreciate narrative based on persuasive evidence and logic and increasingly rely on views expressed by courts and tribunals, the scope of the prohibition of acquisition of territory by force and, as an alternative rule, the prohibition of use of force is examined. Acts constituting attempts to acquire territory by force and their contexts which contribute to the violation of the two prohibitions will be analysed, and cases likely to amount to their violation will be explored. It will also discuss whether States can acquire territory by use of force in self-defence and examine obligations arising from the violation of the prohibition of acquisition of territory by force for third States.
商品描述(中文翻譯)
本書探討了近年來國際法中最迫切的問題之一，即以武力獲取領土的嘗試。當強國對現有的領土狀態不滿意，並且不願意為了和平而放棄其利益時，阻止其以武力獲取領土的嘗試就會面臨固有的困難。本書將回顧迄今為止為阻止此類嘗試所做的努力，檢視當前針對這些行為的國際法規則狀態，並探討如何加強法治。該書由一位曾參與國際法院（ICJ）於2024年7月19日發佈的諮詢意見程序的前法律顧問撰寫。基於政府工作者常採取的方法，這些工作者傾向於欣賞基於說服性證據和邏輯的敘述，並日益依賴法院和法庭表達的觀點，本書將檢視以武力獲取領土的禁止範圍，以及作為替代規則的禁止使用武力。將分析構成以武力獲取領土嘗試的行為及其背景，這些背景促成了對這兩項禁令的違反，並探討可能構成違反的案例。本書還將討論國家是否可以在自衛中以武力獲取領土，並檢視第三國因違反以武力獲取領土禁令而產生的義務。
作者簡介
Mr. Tomohiro Mikanagi is currently holding the position of Ambassador Extraordinary and Plenipotentiary, Deputy Permanent Representative of Japan to the United Nations. He also has the title of Ambassador-at-Large for Cooperation on International Law. He studied international law at the University of Tokyo (BA) and University of Cambridge (Diploma and LL.M). He was also a visiting fellow at the Lauterpacht Centre for International Law in Cambridge. He has been publishing various articles on international law in a personal capacity, and this book is also written in this capacity. In his diplomatic career, Ambassador Mikanagi has had extensive experience in the area of international law. He has served for more than ten years at the International Legal Affairs Bureau of the Japanese Ministry of Foreign Affairs, and held the titles of Deputy Director and Director of the International Legal Affairs Division, Deputy Legal Advisor and Legal Advisor. He has also served in London and Beijing as a diplomat.
作者簡介(中文翻譯)
三上智宏先生目前擔任日本駐聯合國特命全權大使及副常駐代表。他同時擁有國際法合作特使的頭銜。他在東京大學（學士）和劍橋大學（文憑及法學碩士）學習國際法，並曾擔任劍橋大學勞特派克國際法中心的訪問研究員。他以個人身份發表了多篇有關國際法的文章，本書亦是以此身份撰寫。
在他的外交生涯中，三上大使在國際法領域擁有豐富的經驗。他在日本外務省國際法務局工作超過十年，擔任過國際法務課副課長及課長、副法律顧問及法律顧問等職位。他還曾在倫敦和北京擔任外交官。
