Japan And International Law

Author : Nisuke Andō
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111944
Total Pages : 448 pages
Book Rating : 4.48/5 ( download)

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Download or read book Japan and International Law written by Nisuke Andō and published by Martinus Nijhoff Publishers. This book was released on 1999-05-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Douglas Howland
Publisher : Springer
ISBN 13 : 1137567775
Total Pages : 232 pages
Book Rating : 4.72/5 ( download)

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Download or read book International Law and Japanese Sovereignty written by Douglas Howland and published by Springer. This book was released on 2016-11-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.

Author : Jürgen Basedow
Publisher : Mohr Siebeck
ISBN 13 : 9783161495472
Total Pages : 468 pages
Book Rating : 4.70/5 ( download)

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Download or read book Japanese and European Private International Law in Comparative Perspective written by Jürgen Basedow and published by Mohr Siebeck. This book was released on 2008 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of national codification is advancing on a global scale in conflict of laws. A large number of legislative projects dealing with codifying and modernizing private international law, both on the national and the supranational level, have been launched in the past few years. Among such recent initiatives, the advances taken by the European and the Japanese legislators are particularly reflecting these developments. On January 1, 2007, the new Japanese 'Act on General Rules for Application of Laws' entered into force replacing the outdated conflict of laws statute of 1898. This major reform finds its parallels in the current efforts of the European Union to create a modern private international law regime for its member states.This volume presents the first comprehensive analysis of the new Japanese private international law available in any western language and contrasts it with corresponding European developments. Most of the contributors from Japan are scholars who were actively involved in and responsible for preparing the new Act. All of them are renowned experts in the field of private international law. Leading European experts in the conflict of laws supplement the Japanese analyses with comparative contributions reflecting the pertinent discussion of parallel endeavours in the EU. To guarantee better understanding, English translations of both the present and the former Japanese statutes have been added.

Author : Yūji Iwasawa
Publisher :
ISBN 13 :
Total Pages : 408 pages
Book Rating : 4.85/5 ( download)

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Download or read book International Law, Human Rights, and Japanese Law written by Yūji Iwasawa and published by . This book was released on 1998 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: (A) Right to vote

Author : Kazuaki Nishioka
Publisher : Bloomsbury Publishing
ISBN 13 : 1509924310
Total Pages : 321 pages
Book Rating : 4.18/5 ( download)

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Download or read book Japanese Private International Law written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

Author : John Owen Haley
Publisher : University of Georgia Press
ISBN 13 : 0820328871
Total Pages : 277 pages
Book Rating : 4.74/5 ( download)

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Download or read book The Spirit of Japanese Law written by John Owen Haley and published by University of Georgia Press. This book was released on 2006 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.

Author : Hiroo Sono
Publisher : Kluwer Law International B.V.
ISBN 13 : 940350742X
Total Pages : 268 pages
Book Rating : 4.22/5 ( download)

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Download or read book Contract Law in Japan written by Hiroo Sono and published by Kluwer Law International B.V.. This book was released on 2018-12-12 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of contracts in Japan covers every aspect of the subject – definition and classification of contracts, contractual liability, relation to the law of property, good faith, burden of proof, defects, penalty clauses, arbitration clauses, remedies in case of non-performance, damages, power of attorney, and much more. Lawyers who handle transnational contracts will appreciate the explanation of fundamental differences in terminology, application, and procedure from one legal system to another, as well as the international aspects of contract law. Throughout the book, the treatment emphasizes drafting considerations. An introduction in which contracts are defined and contrasted to torts, quasi-contracts, and property is followed by a discussion of the concepts of 'consideration' or 'cause' and other underlying principles of the formation of contract. Subsequent chapters cover the doctrines of 'relative effect', termination of contract, and remedies for non-performance. The second part of the book, recognizing the need to categorize an agreement as a specific contract in order to determine the rules which apply to it, describes the nature of agency, sale, lease, building contracts, and other types of contract. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Japan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative contract law.

Author : Yuji Iwasawa
Publisher : BRILL
ISBN 13 : 9004523405
Total Pages : 344 pages
Book Rating : 4.01/5 ( download)

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Download or read book Domestic Application of International Law written by Yuji Iwasawa and published by BRILL. This book was released on 2022-10-24 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comprehensive study on the application of international law in domestic law, with a particular focus on the concept of direct applicability. It critically examines the domestic application of international law and puts forward a new framework.

Author : Yurika Ishii
Publisher : BRILL
ISBN 13 : 9004500413
Total Pages : 255 pages
Book Rating : 4.19/5 ( download)

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Download or read book Japanese Maritime Security and Law of the Sea written by Yurika Ishii and published by BRILL. This book was released on 2021-12-20 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.

Author : Kazuko Hirose
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041121585
Total Pages : 352 pages
Book Rating : 4.87/5 ( download)

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Download or read book A Social Theory of International Law written by Kazuko Hirose and published by Martinus Nijhoff Publishers. This book was released on 2003-01-01 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has long been an advocacy for the sociology of international law, and yet it has never been constructed so systematically and axiomatically as in this book. Based on vital terms such as 'action' and 'system, ' this book has conducted an investigation into the 'auspices' or the fundamental international sociological conditions over which international law is built, and accordingly, into how international law can control global relations. The significance of this work lies in its aim of showing by the application of a consistent logic, how complex observed phenomena can be explained and understood on the basis of certain shared fundamental perceptions drawn from common experience. By asking how a state acts in a complex system that consists of at least two subsystems having different goals and different logics, two specific issues are discussed: (1) The relationship between domestic and international law, namely, that between Article 9 of the Constitution of Japan and the UN Charter (especially the provisions for a collective security system as mentioned in chapter VII), (2) The relationship between international law and international politics, namely, the relationship between the prohibition of the use of nuclear weapons and the logic of nuclear deterrence.