国際家族の人権保障強化の可能性について : アメリカ判例理論を素材として

概要

論文の詳細を見る
In the framework of the modern nation-state system, it is said that aliens have no right to enter and reside in other countries. International law recognizes that each nation can decide every case with its discretionary power. So if aliens want to enjoy their family life abroad, basically they have to get permission to enter and reside there from the said government. However, enjoying family life is essentially one of the fundamental human rights. Modern states have given special protection to families because family is the natural and fundamental group unit of society. Nowadays human exchange is getting more and more worldwide, and many transnational families will be born as a result, which means that modern states are required to create a fair legal relationship regarding the family matters. This article examines alien's free interest to reside abroad from the point of view of fundamental human rights in order to protect his/her family life. First, I survey alien's legal situation in Japan. Second, I look at other countries' legal situation, especially the U. S. Constitutional law theory about family and immigration matters. Then I propose a new approach to entitle the protection of transnational families in Japan.
長崎外国語大学の論文
2004-06-30