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Vol 23 No 3 March/April 2018

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Japan and International Law, Past, Present and Future

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ISBN13: 9789041111944
ISBN: 9041111948
Published: May 1999
Publisher: Brill Academic Publishers
Format: Hardback
Price: £205.00

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This text 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 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 19th-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 and 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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First session - war and peace; moderator's introduction; modern Japan, war and international law; UN peace-keeping and japan - problems and prospects; towards a normative theory of differential responsibility for international security functions - responsibilities of major powers; the impact of Nuremberg and Tokyo - attempts at a comparison; promotion of human dignity and projection of regional security in the Asia-Pacific region; war and peace - discussion session; second session - economy; Moderator's Introduction. Japan's Interactions with International Law: The Case of State Immunity. China's Attitude Towards State Immunity -- An Eastern Approach. The Doctrine of Sovereign Immunity from Suit in a Developing and Liberalizing Economy: Philippine Experience and Case-Law. The Globalizing World Economy and the Position of Japan in Reference to the GATT/WTO System. Western View of Japanese International Law Practice for the Maintenance of the International Economic Order. Economy: Discussion Session. Banquet Speech. One Hundred Years of the Japanese Association of International Law and Fifty Years of the International Court of Justice. Third Session: Human Rights. Moderator's Introduction. Japan's Adoption and Implementation of Human Rights in Law and Practice. International Human Rights Law and the Japanese Law Concerning Family Relations. Western Views of Japanese Practice in the Field of Human Rights and Humanitarian Law. Sustainable Human Development and Conditions of Life as a Matter of Legitimate International Concern: The Legacy of the UN World Conferences. Universality of Human Rights: An Islamic Perspective. Human Rights: Discussion Session. Closing Session: Concluding Observations. Moderator's Introduction. Japan, International Law and the International Community. Centenary Symposium of the Japanese Association of International Law, September 1997: Concluding Observations. Japan and International Law in Historical Perspective. Concluding Observations: Discussion Session.