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Vol 23 No 5 May/June 2018

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The Changing Postwar International Legal Regime

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Wakamizu TsutsuiProfessor Emeritus, University of Tokyo, Japan

ISBN13: 9789041118479
ISBN: 9041118470
Published: July 2004
Publisher: Brill Academic Publishers
Format: Hardback
Price: £113.00

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In view of the practices of World War II, international society could no longer be under the principles of traditional international law. The United Nations was conceived to preserve peace through the execution of ""no use of force"". To meet the reality of wartime collaboration in each region, it adopted self-defence as the basis for individual action. The postwar international legal order has been realized through self-defence as an intermediate function between the individual and collective, as provided under article 51 of the UN Charter. Japan recovered her independence by concluding a Security Treaty with the United States based on the right of self-defense. Even after the conclusion of the Cold War, they have chosen to strengthen the Treaty rather than give effect to Japan's ""Peace Constitution"". Other states are also caught up in the same current, taking actions not precluded by the UN Charter. Whatever regime should follow the present one, it will draw more on the humanity principle based on ""freedom of conscience"". This work provides a comprehensive treatment of the development of international law and its influence on international relations.

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Foreword. Introduction.
1: The changing law in postwar international society.
1. International law as the general order in international society.
2. The international legal order in changed circumstances.
3. The international legal order under the principle of war renunciation.
4. The United Nations ad the positive order in international society.
2: An international legal order achieved through self-defense.
1. The social characteristics of self-defense in the international legal regime.
2. The social functions of self-defense.
3. Regional principles achieved through self-defense.
4. Ensuring humanitarian principles.
3: A postwar international regime characterized by ""enemy"" status.
1. ""Enemy"" status resulting from the invalidation of traditional international law.
2. Rehabilitation of an ""enemy"" state on the basis of the Allies' ideals.
3. The US-Japan Security Treaty in a regional international regime.
4. ""Enemy"" status liquidated through integration into a regional regime.
5. Concluding remarks. Select Bibliography. Appendix. Index.