Volume 66 (2023)
CONTENTS
ARTICLES
HUMAN RIGHTS APPROACH TO REGULATE ARMED CONFLICTS: BEYOND THE LEX GENERALIS/SPECIALIS FRAMEWORK
- Shuichi Furuya and Kyo Arai
- Introductory Note
- 1
- Yuval Shany
- Human Rights Norms Applicable in the Situation of Armed Conflict
— Beyond the Lex Generalis/Lex Specialis Framework —
- 3
- William Schabas
- The Right to Life in Armed Conflict
- 21
- Vanessa Murphy and Lindsey Cameron
- Gender Bias and International Humanitarian Law: Is Human Rights Law the Answer?
- 49
- Eriko Tamura
- Child Soldiers: Victims or Lawful Targets?
- 91
- Kyo Arai
- Procedural Aspect of the Right to Life in Armed Conflict
- 133
MOBILITY AND BELONGING IN A GLOBALIZED WORLD
- Yuko Nishitani
- Introductory Note
- 169
- Nami Thea Ohnishi
- Nationality and Citizenship in Relation to the Migration Phenomenon
- 174
- Hirohide Takikawa
- Free Movement and Nationality
- 189
- Kiyoshi Hasegawa
- Inclusion and Exclusion of Immigrants and Refugees in Japan: A Preliminary Study*
* CORRECTION: At the author's request, footnote 6 on page 213, lines 5 and 6 of this article ("In December 2012, there were 2,545 applicants for refugee status (of which 18 were approved), and in December 2022, there were 3,772 (of which 202 were approved).") should read as follows:
"As of December 2012, there were 2,545 applicants for refugee status. However, only 18 people were granted refugee status that year. Although there were 3,772 applicants as of December 2022, only 202 were granted refugee status that year."
- 212
- KONDO Atsushi
- Human Rights of Non-Citizens and Nationality
— The Peculiarities of Japan’s Nationality Legislation from a Comparative Legal Perspective —
- 245
- OBATA Kaoru
- Beyond the Concept of “Human Rights of Permanently Domiciled Foreigners” in Japanese Public Law Theory
— Taking Seriously of Ambiguity in Nationality in the Age of International Migration —
- 272
- Yuko Nishitani
- Personal Law in Contemporary Private International Law
— The Changing Role of Nationality, Citizenship, and Habitual Residence —
- 295
THEORIES AND REALITIES IN (RE-)CONSTRUCTION OF SPATIAL ORDERS
- Lauri Mälksoo
- The Rise and Fall of Regional International Law in Post-Soviet Eurasia
- 318
- Tetsuya Toyoda
- Universality and Peculiarity of the Concept of Exclusive Territoriality
— The Linearization of Borders and Territorial Sovereignty in East Asia Since the Late 19th Century —
- 338
- Yumiko Nakanishi
- The Development of, and Issues Associated with, EU Legal Spaces
- 359
PUBLIC INTERNATIONAL LAW
- Andrew Serdy
- The 2022 Agreement on Fisheries Subsidies: The WTO Mountain Labours and Brings Forth a Possibly Short-Lived Mouse
- 381
JAPANESE DIGEST OF INTERNATIONAL LAW
- Atsuko Kanehara
- Japan’s Discharge of ALPS Treated Water Containing Tritium
- 413
- Mari Takeuchi
- Extraterritorial Regulation in the Field of Data Privacy — Japan’s Amendments to the Personal Information Protection Act —
- 435
CASES AND ISSUES IN JAPANESE PRIVATE INTERNATIONAL LAW
- Shiho Kato
- Dismissal of Proceedings on Account of Special Circumstances Under Article 3-9 of the Japanese Code of Civil Procedure
- 445
- Ai Murakami
- Extraterritorial Application of the Japanese Antimonopoly Act
- 457
BOOK REVIEWS
- Hitomi Takemura
- Kokusai Hanzai no Shidosha Shobatsu: Kokusai Keiji Saibansho no Riron to Jissen o Chushin ni [The Punishment of Leaders of International Crimes: Focusing on the Theory and Practice of the International Criminal Court], by Masaki Kihara. Kyoto: Horitsubunkasha, 2021. Pp. x, 223.
- 474
- Hirofumi Oguri
- Kokusai Shakai ni okeru Ho no Shihai o Mezashite [Toward the Rule of Law in International Society], by Yoshiro Matsui. Tokyo: Shinzansha, 2021. Pp. xviii, 332.
- 477
- Yohei Okada
- Epidemics and International Law, edited by Shinya Murase and Suzanne Zhou. Leiden: Brill, 2021. Pp. xxxvi, 708.
- 482
- WAKASA Amuro
- Kokka niyoru Ippoteki Ishihyomei to Kokusaiho [Unilateral Expressions of Intentions by States and International Law], by NAKATANI Kazuhiro. Tokyo: Shinzansha, 2021. Pp. viii, 216.
- 487
- MATSUDA Hiromichi
- Conventionality Control of Domestic Law: Constitutionalised International Adjudication and Internationalised Constitutional Adjudication, by Yota Negishi. Baden-Baden: Nomos, 2022. Pp. 252.
- 490
- Junichi Suzuki
- Gurobaru Herusu Ho — Rinen to Rekishi [A History of Global Health Law: Ideas and History], by Taira Nishi. Nagoya: Nagoya-daigaku Shuppankai, 2022. Pp. iv, 343.
- 500
- Shin Kawagishi
- Jieiken no Keifu: Senkanki no Tayoka to Kiseki [Genealogy of the Right of Self- Defense in International Law: Its Diversification and Trajectory in the Interwar Period], by Michiko Nishijima. Tokyo: Shinzansha, 2022. Pp. ix, 221.
- 503
- Yuji Yasunaga
- EU Kokusai Saiban Kankatsu Kisoku — Sotonaru Shiten kara no Kento [EU Regulations on Jurisdiction — Examination from an External Perspective], by Yuko Okano. Hyogo: Kwansei Gakuin University Press, 2021. Pp. viii, 419.
- 506
- TAMURA Yuya
- Kokusaitekikenrihogoseido no kochiku: Tayo na Kenri to Kokusaiminjishikkohozenho [Building an International Claim Protection System: Various Claims and Laws of International Civil Execution and Provisional Remedies], edited by Hajime Sakai. Tokyo: Shinzansha, 2021. Pp. xii, 381.
- 510
- Naoyuki Kanno
- Gendai Kaiyoho no Choryu — Dai 4 Kan: Kokka Kankatsuken Gai Kuiki ni kansuru Kaiyoho no Shin Tenkai [Contemporary Law of the Sea Series, Vol. 4: New Development in the Law of the Sea on Areas Beyond National Jurisdiction], edited by Shigeki Sakamoto, Kimio Yakushiji, Toshiya Ueki, and Kentaro Nishimoto. Tokyo: Yushindo. 2021. Pp. xiv, 440.
- 516
- Ryutaro Date
- Kokusai Kaishaho Kenkyu [Research on International Company Law], Book 2, edited by Koresuke Yamauchi. Hachioji: Chuo University Press, 2021. Pp. vi, 472.
- 522
- Kentaro Nishimoto
- Implementation of the United Nations Convention on the Law of the Sea: State Practice of China and Japan, edited by Dai Tamada and Keyuan Zou. Singapore: Springer, 2021. Pp. xvii, 254.
- 527
- Tetsuya Nakano
- Kokusaiho kara mita Ryodo to Nippon [Japan’s Territory Under International Law], edited by YANAGIHARA Masaharu and KANEHARA Atsuko. Tokyo: The University of Tokyo Press, 2022. Pp. vi, 262.
- 533
- Aiko Nakai
- Response to the Book Review of Kokusaiho no Tanjo: Yoroppa Kokusaiho karano Tenkan [The Birth of International Law: Transformation from European International Law] (2020), published in Volume 65 (2022) of this Yearbook.
- 538
JUDICIAL DECISIONS IN JAPAN
I. Public International Law
- Osaka High Court, Judgment, November 18, 2021
- Hate Speech — Pejorative Expressions Against Those with Countries of Origin Other Than Japan — International Convention on the Elimination of All Forms of Racial Discrimination — Obligations of States Concerning Relationships Between Private Persons — Compensation — Injunction
- 544
- Sapporo High Court, Judgment, May 20, 2022
- Kurdish Refugee — Risk of Persecution — Burden and Standard of Proof
- 550
- Kyoto District Court, Judgment, April 21, 2022
- Ryukyuan — Indigenous People — Article 27 of the ICCPR — The Right to Practice Religions — Claims Demanding the Return of the Bones of the Ancestors
- 556
II. Private Interantional Law
- Intellectual Property High Court, Judgment, July 20, 2022
- Applicable Law — Patent Infringement — Territoriality Principle
- 561
- Tokyo District Court, Judgment, April 12, 2021
- Applicable Law to Tort Liability — Infringement of a Right of Child Custody
- 565
- Tokyo District Court, Judgment, November 12, 2021
- Applicable law — Jurisdiction — Liability of Internet Service Providers
- 567
- Tokyo District Court, Judgment, March 23, 2022
- State Immunity — Unrecognized States — Jurisdiction of the Place of Tort — forum necessitatis — Applicable Law to Tort Liability
- 569
- Tokyo Family Court, Decision, January 4, 2021
- Jurisdiction — Applicable Law — Action to Rebut the Presumption of Child in Wedlock
- 577
- Tokyo Family Court, Adjudication, January 27, 2021
- Applicable law — Jurisdiction — Joint Adoption by a Married Couple with Different Nationalities
- 580
CHRONOLOGY OF JAPANESE FOREIGN AFFAIRS IN 2022
CHRONOLOGICAL LIST OF TREATIES AND OTHER INTERNATIONAL AGREEMENTS CONCLUDED BY JAPAN IN 2022
DOCUMENTS
- * Selected Treaties and Documents Concluded and Signed by Japan is available on-line (click here).
ACTIVITIES
- I. Activities of the International Law Association of Japan
- 596
- II. Activities of Related Academic Associations in Japan
- 602
INSTRUCTIONS FOR SUBMISSIONS TO THE JAPANESE YEARBOOK OF INTERNATIONAL LAW
