Volume 54 (2011) |
CONTENTS |
Feature Articles The Contribution of International Environmental Law to International Law: Past Achievements and Future Expectation |
The Evolution of International Environmental Law |
1 |
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Akiho Shibata | ||
International Environmental Lawmaking in the First Decade of the Twenty-First Century: The Form and Process |
62 |
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Implementation of International Environmental Law |
96 |
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Mari Koyano | ||
The Significance of Procedural Obligations in International Environmental Law: Sovereignty and International Co-operation |
97 |
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Peter H. Sand | ||
Environmental Dispute Settlement and the Experience of the UN Compensation Commission |
151 |
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Ellen Hey | ||
The Interplay between Multilateral Environmental and Fisheries Law: A Struggle to Sustainably Regulate Economic Activity —Including a Case Study of the North Sea— |
190 |
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Erik Franckx and Koen Van den Bossche | ||
The Influence of Environmental Law on the Development of the Law of the Sea: CITES and the International Law of Fisheries |
218 |
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Masato Dogauchi | ||
New Japanese Rules on International Jurisdiction: General Observation |
260 |
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Agreement on Jurisdiction |
278 |
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International Civil Jurisdiction Based on the Place of Performance of Obligation Relating to A Contract |
295 |
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International Jurisdiction Based on the Location of Property |
311 |
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Lis Pendens |
324 |
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Yutaka Arai-Takahashi | ||
The Principle of Humanity under International Humanitarian Law in the “Is/Ought” Dichotomy |
333 |
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Tomohiko Kobayashi | ||
Pinning Down the Circling Concept of Circumvention: A Comprehensive Approach to Anti-Circumvention Disciplines under the WTO Agreement on Agriculture |
365 |
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Shigeru Oda | ||
Taiwan as Sovereign and Independent State—Status of Taiwan under International Law— |
386 |
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JAPANESE DIGEST OF INTERNATIONAL LAW |
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Yumi Nishimura | ||
Inviolability and Protection of Diplomatic and Consular Premises (1990-2011) |
408 |
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Mari Takeuchi | ||
Passive Personality Principle in the Japanese Penal Code | 418 |
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Shotaro Hamamoto | ||
Collision between Japan Coast Guard Patrol Vessels and a Chinese Fishing Trawler in the Waters off the Senkaku Islands | 434 |
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CASES AND ISSUES IN JAPANESE PRIVATE INTERNATIONAL LAW |
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Fumihiko Sato | ||
Acquiring Japanese Nationality through Recognition |
443 |
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BOOK REVIEWS |
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Kentaro Wani
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456 |
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Hatsuru Morita
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459 |
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Mika Hayashi
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461 |
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Tomohiko Kobayashi
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464 |
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Masahiko Asada
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467 |
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Koichi Morikawa
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471 |
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Yuji Iwasawa
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475 |
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Toshiyuki Kono and Junichi Eto
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478 |
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Shinji Tokugawa
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483 |
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Aki Kitazawa
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485 |
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Kyo Arai
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487 |
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Masashi Tomioka
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491 |
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JUDICIAL DECISIONS IN JAPAN |
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I. Public International Law | ||
Supreme Court, Judgment, October 29, 2009 | 499 | |
Legal Double Taxation — Taxation on a Specified Foreign Subsidiary Company in Accordance with Article 66-6(1) of the Act on Special Measures Concerning Taxation — Article 7(1) of the Agreement between the Government of Japan and the Government of the Republic of Singapore for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income — Supplementary Means of Interpretation of Treaties as Provided for in Article 32 of the Vienna Convention on the Law of Treaties — Commentary on the OECD Model Tax Convention on Income and on Capital |
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Tokyo High Court, Judgment, May 27, 2009 | 506 | |
Definition of Refugee — Situation in Myanmar — The Effect of Activities of a Wife on the Issue Whether Her Husband Is Qualified as a Refugee |
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Nagoya High Court (Kanazawa Branch), Judgment, March 8, 2010 | 514 | |
Forced Labor during World War II — Individual’s Right to Bring Claims against the Wrongful State — Articles 2(1) and (3) of the Agreement between Japan and the Republic of Korea on the Settlement of Problems Concerning Property and Claims and on Economic Co-operation — The Convention Concerning Forced or Compulsory Labour — The Slavery Convention and Customary Rules on the Prohibition of Slavery |
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II. Private Interantional Law | ||
Supreme Court, Decision, August 4, 2010 Osaka High Court, Decision, February 18, 2010 |
523 | |
Validity and Recognition of Foreign Judgments — Divorce — Child Custody — Habeas Corpus Act |
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Intellectual Property High Court, Judgment, September 15, 2010 | 529 | |
International Adjudicatory Jurisdiction — Whether Offer to Assign Goods Took Place in Japan — Content of Website as Evidence of Offer to Assign — Code of Civil Procedure Article 5(9) — Injunction Pursuant to Patent Act Article 100(1) |
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Tokyo District Court, Judgment, November 17, 2009 | 536 | |
International Adjudicatory Jurisdiction — Jurisdiction by Agreement — Jurisdiction by Submission — General Jurisdiction — Special Jurisdiction — Jurisdiction Based on the Place of Performance — Jurisdiction Based on the Location of the Defendant’s Seizable Property |
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Tokyo District Court, Judgment, April 15, 2010 | 540 | |
Enforcement of Foreign Judgments — Default Judgment — Unauthorized Use of Trade Secrets — Non-Compete Clause |
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Yokohama Family Court, Odawara Branch, Decision, January 12, 2010 | 543 | |
Parental Custody — Applicable Law — International Adjudicatory Jurisdiction |
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CHRONOLOGY OF JAPANESE FOREIGN AFFAIRS |
546 | |
CHRONOLOGICAL LIST OF TREATIES AND OTHER INTERNATIONAL AGREEMENTS CONCLUDED BY JAPAN IN 2010 |
564 | |
DOCUMENTS |
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I. Treaties | 568 | |
II. National Legislation | ||
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723 | |
III. Other Documents | 733 | |
ACTIVITIES |
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I. Activities of the International Law Association of Japan | 780 | |
II. Activities of Related Academic Associations in Japan | 786 | |
INSTRUCTIONS FOR SUBMISSIONS TO THE JAPANESE YEARBOOK OF INTERNATIONAL LAW |
794 | |
TABLE OF CASES (pdf) | 797 | |
TABLE OF TREATIES AND OTHER INSTRUMENTS (pdf) | 802 | |