Volume 59 (2016) |
CONTENTS |
Articles HALF A CENTURY WITH THE INTERNATIONAL COVENANTS ON HUMAN RIGHTS: LONG-TERM IMPACTS ON THE WORLD: PART ONE |
Overview of A Half-Century of International Covenants on Human Rights; Inter-State Cooperation as the Original Infrastructure and Autonomous Institutionalization |
1 |
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Andrew Byrnes | ||
Whose International Law Is It? Some Reflections on the Contributions of Non-State Actors to the Development and Implementation of International Human Rights Law |
14 |
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Toward a Holistic Understanding and Implementation of Human Rights: Development of Norms and Practice under the International Covenant on Economic, Social and Cultural Rights |
51 |
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Antoine Buyse | ||
Echoes of Strasbourg in Geneva — The Influence of ECHR Anti-Torture Jurisprudence on the United Nations Human Rights Committee — |
81 |
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Yasuzo Kitamura | ||
The Influence of the International Covenant on Civil and Political Rights on Prisoners’ Rights and Criminal Justice in Contemporary Japan |
99 |
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TERAYA Koji | ||
The Impact of the International Covenants on Human Rights on the Rights of Foreigners in Japan |
156 |
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UNILATERALISM AND MULTILATERALISM IN REGULATING CROSS-BORDER BUSINESS TRANSACTIONS: PART ONE |
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Ralf Michaels | ||
Towards a Private International Law for Regulatory Conflicts? |
175 |
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Customer Location and the International Reach of National Competition Laws |
202 |
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Unilateralism, Bilateralism, and Multilateralism in International Taxation |
216 |
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NOTE |
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Takashi Kubota | ||
Financial Stability Concern of the Extraterritorial Impacts Caused by the Recent US Financial Sanctions on Foreign Banks |
229 |
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PARTY AUTONOMY IN CONTEMPORARY PRIVATE INTERNATIONAL LAW: PART TWO |
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Party Autonomy and Regulation — Public Interests in Private International Law — |
251 |
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Party Autonomy in Contemporary Private International Law — The Hague Principles on Choice of Law and East Asia — |
300 |
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ICJ JUDGMENT ON WHALING IN THE ANTARCTIC: ITS SIGNIFICANCE AND IMPLICATIONS: PART TWO |
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Paradoxical Role of Experts in the Whaling in the Antarctic Case |
345 |
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JAPANESE DIGEST OF INTERNATIONAL LAW |
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Tomohiro Mikanagi and Hirohito Ogi | ||
The Japanese Views on Legal Issues Related to Security |
360 |
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Masahiko Asada | ||
The Destruction of Japanese Abandoned Chemical Weapons in China under the Chemical Weapons Convention |
372 |
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CASES AND ISSUES IN JAPANESE PRIVATE INTERNATIONAL LAW |
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Béligh Elbalti | ||
The Jurisdiction of Foreign Courts and the Recognition of Foreign Judgments Ordering Injunction: The Supreme Court Judgment of April 24, 2014 |
395 |
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BOOK REVIEWS |
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Kohki Abe
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420 |
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Junichi Eto and Junko Iwaishi
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423 |
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Takuhei Yamada, Tomohiko Kobayashi, and Dai Tamada
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429 |
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Takuya Shima
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433 |
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DAi Murakami
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436 |
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Masaharu Yanagihara
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440 |
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Atsuko Yamaguchi
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443 |
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Takao Suami
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448 |
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Akiko Toi
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452 |
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Yucong Wang
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455 |
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Tomofumi Kitamura
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458 |
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JUDICIAL DECISIONS IN JAPAN |
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I. Public International Law | ||
Sapporo District Court, Judgment, September 19, 2013 | 463 | |
Construction of the New Road — Environmental Impact Assessment — Convention on the Biological Diversity — Interpretative Guidelines |
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Tokyo District Court, Judgment, February 25, 2015 | 468 | |
Compensation for War Injuries — Individuals’ Right to Seek Compensation under the 1907 Convention Respecting the Laws and Customs of War on Land — Individuals’ Right to Seek Compensation under Customary International Law |
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Tokyo District Court, Judgment, June 16, 2015 | 474 | |
Conditions to Grant Special Permission to Stay in Japan — Necessity for Medical Treatment — Article 12(1)(2) of ICESCR — Separation from Parents — Articles 3(1) and 9(1) of CRC |
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Tokyo District Court, Judgment, August 28, 2015 | 485 | |
Obligation of Minister of Justice to Provide for Refugee Recognition — Violation of the Immigration Control and Refugee Recognition Act — Article 1A(2) and Article 1F(b) of the Convention relating to the Status of Refugees |
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II. Private Interantional Law |
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Tokyo High Court, Judgment, May 20, 2015 | 490 | |
Enforcement of Foreign Judgments in Japan — Contravention of Public Policy — International Adjudicatory Jurisdiction — Payment of Child Support |
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Tokyo District Court, Judgment, March 26, 2014 | 494 | |
Exclusive Choice of Court Agreement — Interpretation of a Choice of Court Clause in a Contract |
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Tokyo District Court, Interlocutory Judgment, January 28, 2015 | 497 | |
Exclusive Jurisdiction Clause — Arbitrability of Disputes Regarding Statutory Interpretation |
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Osaka District Court, Decision, March 17, 2016 | 501 | |
Arbitration — Japanese Arbitration Act — Setting Aside of an Arbitral Award |
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CHRONOLOGY OF JAPANESE FOREIGN AFFAIRS IN 2015 |
507 | |
CHRONOLOGICAL LIST OF TREATIES AND OTHER INTERNATIONAL AGREEMENTS CONCLUDED BY JAPAN IN 2015 |
523 | |
DOCUMENTS * Selected Treaties and Documents Concluded and Signed by Japan is available on-line (click here). |
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The New Declaration of Japan Recognizing the Compulsory Jurisdiction of the International Court of Justice in Conformity with Article 36, Paragraph 2 of the Statute of the International Court of Justice |
525 | |
Announcement by Foreign Ministers of Japan and the Republic of Korea Regarding the Issue of “Comfort Women” |
527 | |
ACTIVITIES |
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I. Activities of the International Law Association of Japan | 530 | |
II. Activities of Related Academic Associations in Japan | 537 | |
INSTRUCTIONS FOR SUBMISSIONS TO THE JAPANESE YEARBOOK OF INTERNATIONAL LAW |
548 | |
TABLE OF CASES (pdf) | 551 | |
TABLE OF TREATIES AND OTHER INSTRUMENTS (pdf) | 555 | |