Subjects:

Other Jurisdictions

Contents:

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

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.