Japanese Approaches to International Law : Theory and Practice / edited by Chie Kojima, Masatoshi Takeuchi.

Format:

Book

Contributor:

Kojima, Chie, editor.

Takeuchi, Masatoshi, editor.

Series:

International Law E-books Online, Collection 2026.

International Law in Japanese Perspective ; 17.

International Law E-books Online, Collection 2026

International Law in Japanese Perspective ; 17

Language:

English

Subjects (All):

International law.

Physical Description:

1 online resource (360 pages) : illustrations.

Edition:

1st ed.

Other Title:

Theory and Practice

Place of Publication:

Leiden ; Boston : Brill | Nijhoff, 2025.

Language Note:

English

Summary:

Japanese Approaches to International Law analyses historical developments, controversies, and future challenges regarding Japan’s contribution to the making and implementation of international law. Each chapter discusses the Japanese government’s positions on issues related to international law, relevant theories and concepts developed in Japanese academia, and leading domestic cases, laws, and policies, which helped or prevented the effective implementation of international law in Japan. This book, based on domestic legal materials, policy documents, and academic literature, is a comprehensive handbook for readers to understand Japanese approaches to international law.

Contents:

Intro

Half Title Page

Series Page

Title Page

Copyright Page

Contents

Preface

Treaties

Cases

Domestic Cases

Japanese Courts

Other Domestic Courts

International Cases

Permanent Court of International Justice

International Court of Justice

International Tribunal for the Law of the Sea

Arbitral Tribunal Constituted under Annex vii of the UNCLOS

Other Arbitral Tribunals

World Trade Organization

Others

Japanese Laws

Notes on Contributors

Chapter 1 Japan and Modern International Law

1 Introduction

2 The International Environment during Which Japan Was Obliged to Receive Modern International Law

3 Japan's Alleged Contradictory Attitude towards Western Powers and Neighboring Countries Such as China and Korea during the Drafting of Bilateral Treaties

4 The Discriminatory Nature of Modern European International Law and the Significance of Japan's Attitude to Modern International Law

5 The Daitōwa-Kyōeiken Project (the Greater East Asia Co-prosperity Sphere) and the Perspectives of Japanese Internationalists towards the Project

6 Conclusion

Chapter 2 Incorporation of International Law into the Domestic Legal System of Japan

2 Relationship between International and Domestic Law

2.1 Dualism

2.2 Monism

2.3 Influence of Legal Positivism

3 Conclusion of Treaties and Incorporation into Domestic Law in Japan

4 Implementation of International Law in Japan

4.1 Incorporation of International Law into Domestic Law

4.2 Status of International Law under the Japanese Legal System

4.3 Applicability of International Law and Judicial Review

4.3.1 Direct Applicability

4.3.2 Consistent Interpretation of Domestic Law with International Law

4.3.3 Referring to International Law as "Persuasive Authority"

5 Conclusion.

Chapter 3 Japan's Practice on State Recognition

2 Current Status of State Recognitions Granted by Japan

3 Review Process for State Recognition

4 Criteria for State Recognition

5 Policy Factors of State Recognition

6 Timing of State Recognition

7 Types of State Recognition

8 Conclusion

Chapter 4 Japan's Practice of Jurisdiction and Immunity

2 Foundations and Scope of State Jurisdiction

2.1 Territoriality Principle

2.2 Active Personality Principle

2.3 The (Re)Installment of Article 3.2 and Passive Personality Principle

2.3.1 The Tanker Tajima Incident

2.4 Protective Principle

2.5 Universal Jurisdiction

3 State Immunity as an Exception of State Jurisdiction

3.1 Historical Precedents

3.1.1 Daishin-in Case (Matsuyama v. Republic of China) and Intermediate Cases

3.1.2 Pakistan Loan Claim Case

3.2 The Comfort Women Case and the Response by the Japanese Government

4 Conclusion

Chapter 5 Japan's Ocean Law and Policy: Maritime Zones

2 Historical Overview of Japan's Ocean Policies and Maritime Zones

2.1 Japan and the United Nations Conferences on the Law of the Sea

2.1.1 The Claim Related to Sedentary Fisheries

2.1.2 The Claim Related to the 3 nm Territorial Sea

2.2 Legislation Related to Maritime Zones

2.2.1 Territorial Sea

2.2.2 Exclusive Economic Zone

2.2.3 Continental Shelf

3 Navigation of Foreign Vessels

3.1 Navigation of Foreign Vessels in the Territorial Sea and Exclusive Economic Zone of Japan

3.1.1 Passage of Foreign Vessels in the Territorial Sea

3.1.1.1 Foreign Warships

3.1.1.2 "Suspicious Vessels"

3.1.2 Passage of Foreign Vessels in the Exclusive Economic Zone

3.2 Piracy

Chapter 6 Japan's Ocean Law and Policy: Protection and Preservation of the Marine Environment.

1 Introduction

2 Marine Protected Areas

3 Illegal, Unreported and Unregulated Fishing

4 Whaling

5 Discharge of ALPS Treated Water into the Sea

5.1 Protection of the Marine Environment from Radioactive Substances in Japan

5.2 International Instruments Governing the Protection of the Marine Environment from the Disposal of Radioactive Wastes

5.3 Obligations under the United Nations Convention on the Law of the Sea

5.3.1 Definition of "Pollution of the Marine Environment" and Relevant Obligations under UNCLOS Concerning Dumping and Pollution from Land-Based Sources

5.3.2 Other Environmental Obligations under UNCLOS

Chapter 7 Territorial Disputes between Japan and Neighboring Countries

2 Northern Territories Issue

2.1 History

2.2 Claims of Both Governments

2.2.1 Japanese Government Claims

2.2.2 Claims of the Soviet and Russian Governments

2.2.3 Legal Assessment

3 Takeshima Issue

3.1 History

3.2 Claims of Both Countries

3.2.1 Japanese Government Claims

3.2.2 Korean Government Claims

3.2.3 Legal Assessment

4 Senkaku Islands Issue

4.1 History

4.2 Claims of Both Countries

4.2.1 Japanese Government Claims

4.2.2 Chinese Government Claims

4.2.3 Legal Assessment

5 Conclusion

Chapter 8 Japan and Maritime Boundary Disputes with Neighboring Countries

2 Principles of Maritime Delimitation

2.1 Maritime Delimitation of Continental Shelf and the EEZ

2.1.1 The Principle of Equidistance and the Principle of Equity

2.1.2 Maritime Delimitation under UNCLOS

2.1.3 Development of the Law of Delimitation

"Equidistance/Relevant Circumstances Method" and "Three-Stage Approach"

2.1.4 Delimitation of the Extended Continental Shelf beyond 200 nm

2.1.5 Relevant Circumstances and Effect of Islands.

2.2 Obligations of Coastal States in Undelimited Areas

2.2.1 Obligation to Make Every Effort to Conclude a Provisional Agreement

2.2.2 Obligation Not to Jeopardize or Hamper the Reaching of the Final Agreement

3 Maritime Boundary Situations around Japan

3.1 Delimitation and Maritime Agreements Situation of Japan and ROK/PRC

3.2 Influence of the Territorial Disputes on Maritime Issues

3.2.1 Japan/ ROK-Territorial Dispute over Takeshima/Dokdo and EEZ Delimitation

3.2.2 Japan and the PRC: Territorial Dispute over Senkaku/Diaoyu Islands and Maritime Dispute

4 Influence of the Resources on Maritime Delimitation Disputes in the East China Sea

4.1 Background

4.2 Positions of the Coastal States

4.3 Provisional Arrangements

4.3.1 Japan/ROK Southern CS Agreement

4.3.2 Japan and the PRC 2008 Consensuses

4.4 Issue to Be Addressed in the East China Sea

4.4.1 Applicable Delimitation Principle

4.4.2 Merits and Demerits of the Joint Development Pending Delimitation

4.4.3 Unilateral Development and the Obligation Not to Jeopardize or Hamper the Reaching of the Final Agreement

Chapter 9 Protection of Vulnerable Individuals and Minority Groups in Japan

2 Developments and Challenges of the Immigration Control and Refugee Recognition Act

2.1 Acceptance of Indochinese Refugees and Establishment of a Refugee Status Determination Procedure

2.2 The Partial Amendment of the ICRRA in 2005

2.3 The Bills for Partial Amendments to the ICRRA in 2021 and 2023

2.4 Towards a More Human Rights-Based Refugee Status Determination System

3 Arguments concerning the Ainu Policy Promotion Act and the UN Declaration on the Rights of Indigenous Peoples

3.1 The Significance of the UN Declaration on the Rights of Indigenous Peoples

3.2 What Is the Ainu Policy Promotion Act?.

3.3 Diverse Evaluations of the Ainu Policy Promotion Act and Emerging Roles/Challenges

3.4 Arguments over the Ainu Policy Promotion Act from the Perspective of the UN Declaration

3.4.1 Were the Obligations of the UN Declaration Generally Fulfilled by the Act?

3.4.2 Could the Act Be Justified by the Reference to "National and Regional Particularities" in the Preamble to the UN Declaration?

3.4.3 Could the Act Be Justified by the Difficulty of Identifying Who Is the Ainu?

3.4.4 Could the Act Be Justified by the Lack of a Nationwide Organization Representing the Ainu?

3.4.5 Could the Act Be Justified by a Lack of Public Understanding?

3.5 To Prevent Disparity from Creating Division

Chapter 10 Impacts of International Human Rights Law on LGBTQ Issues in Japan

2 Legal Recognition of Same-Sex Relationships

2.1 International Human Rights Laws and Standards

2.2 Legal Situation in Japan

2.3 Recommendations by Monitoring Bodies

2.4 Impact of International Human Rights Discourse

3 Legal Gender Alteration

3.1 International Human Rights Laws and Standards

3.2 Legal Situation in Japan

3.3 Recommendations by Monitoring Bodies

3.4 Impact of International Human Rights Discourses

4 Anti-discrimination Legislation

4.1 International Human Rights Laws and Standards

4.2 Legal Situation in Japan

4.3 Recommendations by Monitoring Bodies

4.4 Impact of International Human Rights Law

Chapter 11 Japanese National Security Policy and International Law

2 The Traditional Approach to Security Issues and the Basic Legal Structure of the LPS

2.1 The Traditional Approach to National Security

2.2 The LPS and Its Legal Structure

3 Background of the New Approach and the LPS.

4 Definition of Collective Right of Self-Defense by the Japanese Government.

Notes:

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

90-04-54882-3

9789004548824

OCLC:

1568058045

Publisher Number:

10.1163/9789004548824 DOI