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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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International Law, Human Rights and Japanese Law

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Yuji IwasawaProfessor of International Law, University of Tokyo, Japan

ISBN13: 9780198259121
ISBN: 0198259123
Published: December 1999
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £120.00

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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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Other Jurisdictions
Table of Abbreviations; Table of Cases; Table of Treaties and other International Instruments; I. INTRODUCTORY CHAPTER; A. Purpose; B. Attitude of Japan; II. THE TREATY-MAKING PROCESS IN JAPAN; A. Approval of Treaties by the Diet; B, 'Treaties' and 'Executive Agreements'; C, Implementation of Treaties in Japan; III. THE STATUS OF INTERNATIONAL LAW IN JAPAN; A. Domestic Legal Force of International Law; B. Binding Character of International Instruments; C. Progressive Character of Human Rights Treaties; D. Direct Applicability of International Law in Japan; E. Indirect Application of International Law; F. External Application of International Law; G. Rank of International Law; H. Judicial Review of Treaties; I. Legal Effect in Japan of Acts of International Organs; IV. THE IMPACT OF INTERNATIONAL HUMAN RIGHTS LAW ON RESIDENT ALIENS IN JAPAN; A. Introduction; B. Historical Background; C. Aliens and International Human Rights Law; D. Nationality of Koreans in Japan; E. Immigration Control; F. Alien Registration; G. Substantive Rights; H. Conclusion; V. THE IMPACT OF INTERNATIONAL HUMAN RIGHTS LAW ON WOMEN IN JAPAN; A. Introduction; B. Japan and the Convention on the Elimination of Discrimination against Women; C. Changes Made upon Ratification of the Convention; D. Other Changes Made; E. Conclusion; VI. THE IMPACT OF INTERNATIONAL HUMAN RIGHTS LAW ON DETENTION IN JAPAN; A. Detention of Mental Patients; B. Criminal Detention; C. Conclusion; VII. CONCLUDING CHAPTER; A. The Relationship between International Law and Japanese Law; B. Impact of International Law on Japanese Law; Select Bibliography; Index