International Law, Human Rights, and Japanese Law

The Impact of International Law on Japanese Law

Author: Yūji Iwasawa

Publisher: Oxford University Press

ISBN: 0198259123

Category: Law

Page: 355

View: 2328

The impact international law has had on Japanese law has been substantial, especially in the field of human rights. The author of this volume, one of Japan's leading international lawyers, examines extensively the relationship between his country's domestic rules and regulations, and the numerous international treaties and conventions which it has ratified in recent years. Some changes were made to domestic laws in an attempt to make them conform with these international instruments,but individuals went to the courts to try to obtain further necessary modification. Such direct invocations of international law have met with little success, but the laws concerned are often amended at a later date, due to political pressure. The changes in domestic law thatsuch amendments have wrought, have improved the human rights situation in Japan, and have lead to a growing interest in international law within that country. The author pays particular attention in this volume to the laws governing sexual equality, the legal status of aliens, and the treatment of mental health patients, amongst others. The book details the changes that international law has brought in these areas, despite the skepticism of the Japanese courts regarding the validity of international human rights law as a source of law.
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Japan and International Law

Past, Present and Future : International Symposium to Mark the Centennial of the Japanese Association of International Law

Author: Nisuke Andō

Publisher: Martinus Nijhoff Publishers

ISBN: 9789041111944

Category: Law

Page: 420

View: 1682

This book is a record of the international symposium held at the Kyoto International Conference Hall to mark the centennial of the Japanese Association of International Law. The purpose of the symposium was to reflect on past Japanese practice, to analyze current problems affecting Japan, and to seek to clarify the future role of Japan in the global community, in terms of international law. After joining the international community in the middle of the nineteenth century, Japan adopted a policy of wealth creation and armament in order to maintain its independence against the expanding Western States. At the same time, on the domestic scene, Japan vigorously promoted the modernization - Westernization - of its political, economic, and social institutions. Japan emerged as one of the victorious 'Principal Allied and Associated Powers' in World War I, and started asserting its place in the international order. However, in the aftermath of the Great Depression, Japan failed to reach agreement with the international community, eventually left the League of Nations, invaded the Asian continent, and met with complete military defeat in World War II. In the subsequent years, Japan toiled to rebuild its economy and to rejoin the world community, but despite its miraculous economic recovery and expansion, Japan remains ambivalent in its policy of contributing to the maintenance of international peace and security. During these one and a half centuries the Japanese practice of international law has covered a wide range of fields. From these various fields, the symposium took up three specific topics: War and Peace, Economy, and Human Rights, because of their relevance to past Japanese practice and because future Japanese practice in these areas would be bound to affect international law in the coming century. In addition, the symposium discussed Japanese transactions, in general, with international law. The period covered by the symposium has witnessed many drastic changes in the world, and international law, which used to be applied almost exclusively to relations among the Western States, has now come to be applied universally. The Association wished to emphasize that an analysis of Japanese practice should be of significance for anyone interested in promoting and consolidating the rule of law in the world community at large.
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Legal Treatment of Koreans in Japan

The Impact of International Human Rights Law on Japanese Law : Report of the International Human Rights Law Group

Author: Yūji Iwasawa

Publisher: N.A

ISBN: N.A

Category: Emigration and immigration law

Page: 250

View: 6072

3. Rank.
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Compliance and Compromise

The Jurisprudence of Gender Pay Equity

Author: Cher Weixia Chen

Publisher: Martinus Nijhoff Publishers

ISBN: 9004203079

Category: Law

Page: 205

View: 9098

Compliance and Compromise examines the status of gender pay equity that has been largely overlooked and how domestic legal systems respond to the ILO Convention No. 100 on Equal Remuneration, with the novel application of the theory “transnational legal process”.
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International Law

Author: Malcolm N. Shaw

Publisher: Cambridge University Press

ISBN: 1316061272

Category: Law

Page: N.A

View: 554

This new edition of International Law confirms the text's status as the definitive book on the subject. Combining both his expertise as academic and practitioner, Malcolm Shaw's survey of the subject motivates and challenges both student and professional. By offering an unbeatable combination of clarity of expression and academic rigour, he ensures both understanding and critical analysis in an engaging and authoritative style. The text has been updated throughout to reflect recent case law and treaty developments. It retains the detailed references which encourage and assist further reading and study.
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Legalization and Japan

The Politics of WTO Dispute Settlement

Author: Keisuke Iida

Publisher: Cameron May

ISBN: 1905017294

Category: Arbitration agreements, Commercial

Page: 361

View: 8152

The last decade has seen Japan become more aggressive in settling its trade disputes through the WTO process whereas previously it prefered settling such disputes more informally on a bilateral basis. In The Politics of WTO Dispute Settlement, Keisuke Iida demonstrates how and why this transformation has taken place. Professor Iida argues that though Japanese trade policy has become "legalized" it remains distinct from US or the EU where trade laywers are in the driving seat of dispute settlement. Instead, Japan has pursued what might be called "tactical legalization", borrowing expertise, information and leverage from the private sector, foreign lawyers and the other major trading partners such as the EU in particular. The book demonstrates in detail how the multilateral trade system and the trade policy of major trading nations, including that of Japan, interact to increase or restrain the "legalization" of the world trading system.
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The Oxford Handbook of the History of International Law

Author: Bardo Fassbender,Anne Peters,Simone Peter,Daniel Högger

Publisher: Oxford University Press

ISBN: 0199599750

Category: History

Page: 1228

View: 2530

This handbook provides an authoritative and original overview of the origins of public international law. It analyses the modern history of international law from a global perspective, and examines the lives of those who were most responsible for shaping it.
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Japanese Legal System

Author: Dean

Publisher: Cavendish Publishing

ISBN: 1843143224

Category: Law

Page: 596

View: 1133

Meryll Dean's superb new edition of Japanese Legal System provides a wide-ranging and unique insight into the legal system of a country which is at the forefront of global development, yet rarely examined by legal scholars. It is a major contribution to the study of comparative law and through its multidisciplinary approach breaks new ground in providing a comprehensive text on the subject. It draws on the author's first hand knowledge of Japan, but is written for non-Japanese speakers.; Through its approachable yet scholarly style, the reader is introduced to the essentials of the legal system, and guided through historical and cultural context; from which they will be able to develop an informed critique.; The book covers the history, structure and tradition of the Japanese legal system, as well as providing an insight into areas of substantive law. It contains extracts from diverse contemporary sources which, together with the author's commentary, guide the reader through the complexities of a different culture.The use of multidisciplinary sources, which are contextualised by the author, make what would otherwise be inaccessible material available for comparative analysis.; This book may be used as a textbook for undergraduate and postgraduate courses. It will be useful for those engaged in the study of history, politics, international relations and law, as well as being of value to academics, practitioners and those in business
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Gender and Human Rights Politics in Japan

Global Norms and Domestic Networks

Author: Jennifer Chan-Tiberghien,Jennifer Chan

Publisher: Stanford University Press

ISBN: 9780804750226

Category: Social Science

Page: 220

View: 1185

This book examines the impact of global human rights norms on the development of women's, children's, and minority rights in Japan since the early 1990s.
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Local Citizenship in Recent Countries of Immigration

Japan in Comparative Perspective

Author: Takeyuki Tsuda

Publisher: Lexington Books

ISBN: 9780739111932

Category: Social Science

Page: 306

View: 4297

Since the late 1980s, Japan has been experiencing significant levels of immigration primarily from Asian and Latin American countries due to severe domestic labor shortages. Local Citizenship in Recent Countries of Immigration, examines the various dimensions of local citizenship in Japan, with comparative studies from South Korea, Italy, and Spain.
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Realizing Utopia

The Future of International Law

Author: Antonio Cassese

Publisher: Oxford University Press

ISBN: 0199691665

Category: Law

Page: 700

View: 2339

Bringing together 47 essays by prominent international lawyers, this book reflects on major challenges facing international law and focuses on potential changes and improvements. Its aim is helping to construct a better architecture of world society. As international law's importance continues to grow, this book analyses where it is heading.
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Internationales Gesellschaftsrecht in Japan

Im Vergleich mit dem Internationalen Gesellschaftsrecht in der EU und in Deutschland

Author: Eva Schwittek

Publisher: Mohr Siebeck

ISBN: 9783161533686

Category: Law

Page: 423

View: 3423

Das Internationale Gesellschaftsrecht steht im Fokus von Wissenschaft und Praxis in der EU. Auch der japanische Gesetzgeber hat sich mit der Kodifikation der herrschenden Grundungstheorie und mit der Neuregelung des Fremdenrechts zum Schutz vor Scheinauslandsgesellschaften befasst. Die Analyse der aktuellen japanischen Rechtslage ist insbesondere fur das deutsche Internationale Gesellschaftsrecht aufschlussreich, das derzeit (teilweise) von der Sitz- zur Grundungstheorie ubergeht. Der Rechtsvergleich mit Japan, das im Laufe seiner Geschichte verschiedenen Stromungen und auslandischen Einflussen ausgesetzt war, ist besonders vielschichtig. Eva Schwittek analysiert das Internationale Gesellschaftsrecht Japans aus rechtsvergleichender Perspektive und bezieht die historischen, rechtspolitischen und wirtschaftlichen Zusammenhange ein. Damit liegt erstmals eine umfassende Studie dieses Rechtsgebiets in einer westlichen Sprache vor.
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The Foundations of International Investment Law

Bringing Theory into Practice

Author: Zachary Douglas,Joost Pauwelyn,Jorge E. Viñuales

Publisher: OUP Oxford

ISBN: 0191508586

Category: Law

Page: 586

View: 8527

International investment law is one of the fastest growing areas of international law. It has led to the signing of thousands of agreements, mostly in the form of investment contracts and bilateral investment treaties. Also, in the last two decades, there has been an exponential growth in the number of disputes being resolved by investment arbitration tribunals. Yet the legal principles at the basis of international investment law and arbitration remain in a state of flux. Perhaps the best illustration of this phenomenon is the wide disagreement among investment tribunals on some of the core concepts underpinning the regime, such as investment, property, regulatory powers, scope of jurisdiction, applicable law, or the interactions with other areas of international law. The purpose of this book is to revisit these conceptual foundations in order to shed light on the practice of international investment law. It is an attempt to bridge the growing gap between the theory and the practice of this thriving area of international law. The first part of the book focuses on the 'infrastructure' of the investment regime or, more specifically, on the structural arrangements that have been developed to manage foreign investment transactions and the potential disputes arising from them. The second part of the book identifies the common conceptual bases of an array of seemingly unconnected practical problems in order to clarify the main stakes and offer balanced solutions. The third part addresses the main sources of 'regime stress' as well as the main legal mechanisms available to manage such challenges to the operation of the regime. Overall, the book offers a thorough investigation of the conflicting theoretical positions underlying international investment law, testing their worth by reference to concrete issues that have arisen in the jurisprudence. It demonstrates that many of the most important practical questions arising in practice can be addressed by a carefully dosed resort to theory.
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Human Rights in the Asia-Pacific Region

Towards Institution Building

Author: Hitoshi Nasu,Ben Saul,Professor of International Law Ben Saul

Publisher: Routledge

ISBN: 1136717099

Category: Law

Page: 296

View: 4028

The Asia-Pacific region is known for having one of the least developed institutional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about strengthening the institutional protection of human rights in the Asia-Pacific region, in the wake of ASEAN’s announcement in 2009 of an ASEAN regional human rights mechanism. Drawing together leading scholarly voices including Surya Deva, V.T. Thamilmaran, Tom Zwart and Catherine Renshaw, the book focuses on the systemic issue of institutionalizing human rights protection in the Asia-Pacific. It critically examines the prospects for deepening and widening the institutionalization of human rights monitoring in the region, challenging the orthodox scepticism about whether Asia is "ready" for stronger institutions. The volume analyses the impediments to institutions, whilst questioning the need for them.
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