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Part V Institutions and Actors, Ch.29 National Implementation and Interpretation »

Nisuke Ando
From: The Oxford Handbook of International Human Rights Law
Edited By: Dinah Shelton
This article examines the national interpretation and implementation of the global International Covenant on Civil and Political Rights (ICCPR) and the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). It analyses the mechanism of interpretation and implementation and reception of ICCPR and ECHR in the national legal system and considers the national implementation of jurisprudence. This article suggests that the national or domestic implementation of international human rights law or standards reflects �national legal culture� of each state and argues that a multilateral human rights treaty should not be the only forum to analyse the implementation of human rights by national legal system of a state.

Permanent Court of Arbitration (PCA) »

Nisuke Ando†
1 The Permanent Court of Arbitration (PCA) is based on the two Conventions for the Pacific Settlement of International Disputes of 29 July 1899 (‘Hague Convention I [1899]’) and 18 October 1907 (‘Hague Convention I [1907]’) adopted by the Hague Peace Conferences (1899 and 1907). 2 The modern practice of arbitration as a means of peaceful settlement of international disputes, said to begin with the Jay Treaty (1794) between Great Britain and the United States, became widespread in the international community during the 19th century. However, disputing States often...

Property Commissions Established pursuant to Art. 15 Peace Treaty with Japan (1951) »

Nisuke Ando†, Shotaro Hamamoto
1 After the surrender of Japan in 1945 ending World War II, the victorious Allied Powers occupied Japan to guarantee the implementation of surrender terms pursuant to the Instrument of Surrender signed on 2 September 1945 (Occupation, Belligerent; Occupation, Pacific). The occupation lasted until the entry into force of the Treaty of Peace with Japan (Peace Treaty with Japan [1951]; Treaties, Conclusion and Entry into Force), and during the six-year long occupation, various forms of reparations were demanded from and made by Japan in addition to the return of the...