「北欧立法協力」問題
スポンサーリンク
概要
- 論文の詳細を見る
I. The nordic legislative co-operation, nordisk samarbejde is one of the conspicuous illustrations of co-operation between the five nordic countries' International legislative co-operation may be done on different bases and with different purposes. As regards the bases we can make distinction between the legislative co-operation with and without treaties. The nordic cooperation is the latter type of collaboration. II. One special question is how the co-operation could and can effectively be done between the Scandinavian countries without binding agreements entered into by the countries concerned. The answer to this question can be gotten when we think about the strong similarities between the nordic nations : the affinity of language and the common conception of justice. The differences between Swedish, Danish, and Norwegian are so slight that most of the nordic peoples can make use of their own languages when communicating with each other. Notwithstanding Icelandic language retains the ancient form of language and Finnish belongs to an entirely different linguistic family, in Iceland many people can easily understand Danish and in Finland ten per cent of the population have Swedish as their mother language. These facts indicate that there exists a nordic language community. III. The affinity or kinship of conception of law, which affords facilities for the nordic legislative co-operation, will be shown in the following facts. Firstly, the legal systems in the medieval provincial laws, landskapslagarna, were common not only in the basic principles but also in a multitude of details as well, in spite of no legislative co-operations between them. Secondly, the national character of their legal systems has extensively been carried on, seeing no influence by Roman law. Thirdly, the famous legal feeling, "maeth logh skal land bgiaes," which can be found in the different medieval provincial laws in Scandinavia, was and is one of the fundamental bases for the nordic community. IV. It was in 1872 when the first meeting of the joint conference of lawyers from the nordic countries was held in Copenhagen. From this time we can talk of the nordic legialative co-operation in the proper sense. The conferences, which have been held regularly, with few interruptions, up to the present day, are nowadays attended by almost seven hundred lawyers of the five nordic countries. The aim of the conference is to get the greatest uniformity in legislation, all national conditions considered. We can see the importance of the conferences for the nordic co-operation in the fact that almost all sorts of problems, which are adjusted through the common legislation, have been discussed in the conferences. After the World War II, the Ministers of Justice set up a permanent Nordic Committee for Legislative Co-operation, Nordisk Udvalg for Lovsamarbejde, aiming mainly to initiate joint preparations of commentaries on Nordic laws and to co-ordinate Nordic views on subjects placed on the agenda of international conferences. The committee has been replaced by the Contactman-system, which comprises of officials nominated by each of the governments. Since 1952 the Ministers of Justice hold regularly The Ministers Meetings, Justitsministermφ der, at least once a year. In connection with the efforts shown above, mention should also be made of the personal effort of the Danish Professor Frederik Vinding Kruse making proposal for a Nordic Code of V. The most recent effort to produce the nordic legislative co-operation is The Nordic Council, Nordisk Rad, which has been functioning since 1953. The idea of a Nordic Parliamentary Council dates back to the time before the World War II. But it was at the meeting of the Nordic Inter-parliamentary Union, Nordisk Inter-parlamentalisk Union, in August 1951 that the proposal to make a council given by Hedtoft, who was Prime Minister of Denmark, was endorsed by the nordic countries. The draft statutes made by the committee by the e
- 東海大学の論文