International Law, Human Rights, and Japanese Law: The Impact of International Law on Japanese Law by Yuji Iwasawa

International Law, Human Rights, and Japanese Law: The Impact of International Law on Japanese Law

byYuji Iwasawa

Hardcover | May 1, 1998

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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 thenumerous 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 areoften 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 Japanesecourts regarding the validity of international human rights law as a source of law.

About The Author

Yuji Iwasawa is Professor of International Law in the Department of international relations in the University of Tokyo, Japan. He is the author of numerous articles on international law and its relationships with domestic laws.

Details & Specs

Title:International Law, Human Rights, and Japanese Law: The Impact of International Law on Japanese LawFormat:HardcoverPublished:May 1, 1998Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198259123

ISBN - 13:9780198259121

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Table of Contents

Table of AbbreviationsTable of CasesTable of Treaties and other International InstrumentsI. Introductory ChapterA. PurposeB. Attitude of JapanII. The Treaty-Making Process in JapanA. Approval of Treaties by the DietB, `Treaties' and `Executive Agreements'C, Implementation of Treaties in JapanIII. The Status of International Law in JapanA. Domestic Legal Force of International LawB. Binding Character of International InstrumentsC. Progressive Character of Human Rights TreatiesD. Direct Applicability of International Law in JapanE. Indirect Application of International LawF. External Application of International LawG. Rank of International LawH. Judicial Review of TreatiesI. Legal Effect in Japan of Acts of International OrgansIV. The Impact of International Human Rights Law on Resident Aliens in JapanA. IntroductionB. Historical BackgroundC. Aliens and International Human Rights LawD. Nationality of Koreans in JapanE. Immigration ControlF. Alien RegistrationG. Substantive RightsH. ConclusionV. The Impact of International Human Rights Law on Women in JapanA. IntroductionB. Japan and the Convention on the Elimination of Discrimination against WomenC. Changes Made upon Ratification of the ConventionD. Other Changes MadeE. ConclusionVI. The Impact of International Human Rights Law on Detention in JapanA. Detention of Mental PatientsB. Criminal DetentionC. ConclusionVII. Concluding ChapterA. The Relationship between International Law and Japanese LawB. Impact of International Law on Japanese LawSelect BibliographyIndex

Editorial Reviews

`This book strikes an appropriate balance between the theoretical and the practical. It is explicit in detail and clear in its presentation and style.'Journal of Asian Studies 217 (2001)