Volume 51 (2008)
CONTENTS
On Launching the Japanese Yearbook of International Law
- Shigeru Oda,
- President, International Law Association of Japan
- 1
Article
- Hisashi Owada
- Reconcepualization of the International Rule of Law in a Globalizing World
- 3
THE LAW OF THE SEA: ENDURING PRINCIPLES AND CONTEMPORARY CHALLENGES
- Atsuko Kanehara
- Challenging the Fundamental Principle of the Freedom of the High Seas and the Flag State Principle Expressed by Recent Non-flag State Measures on the High Seas
- 21
- Moritaka Hayashi
- International Measures to Combat Illegal, Unreported and Unregulated (IUU) Fishing and Japan
- 57
- Akio Morita
- Piracy Jure Gentium Revisited
— For Japan’s Future Contribution —
- 76
- Shigeki Sakamoto
- Japan-China Dispute Over Maritime Boundary Delimitation
— From a Japanese Perspective —
- 98
- Haiwen Zhang
- Legal Issues Concerning the East China Sea Delimitation
— A Chinese Perspective on the Sino-Japanese the East China Sea Dispute —
- 119
- Rüdiger Wolfrum
- The Settlement of Disputes Before the International Tribunal for the Law of the Sea
— A Progressive Development of International Law or Relying on Traditional Mechanisms? —
- 140
- Naoya Okuwaki
- The Basic Act on Ocean Policy and Japan’s Agendas for Legislative Improvement
- 164
DIVERGENCE AND UNIFICATION OF CHOICE OF LAW RULES FROM A GLOBAL PERSPECTIVE
- Toshiyuki Kono
- Comparative Analysis of Recent Developments in Private International Law in Japan and Europe from a Japanese Perspective
- 217
- Peter Mankowski
- Comparative Analysis of Recent Developments in Private International Law in Japan and Europe from a Japanese Perspective
- 241
- Ronald A. Brand and Tabitha Fish
- An American Perspective on the New Japanese Act on General Rules for Application of Laws
- 298
- HUANG Renting
- A Comparative Law Analysis on Some Recent Developments in the Conflict of Law Rules of Contract in Japan and China.
- 314
- Moonsook Kim
- On the Korean Private International Law
- 327
- Yoshiaki Nomura
- Harmonization and Diversification of Contract Conflicts
- 341
ACCESSION OF JAPAN TO THE INTERNATIONAL CRIMINAL COURT
- Kyo Arai, Akira Mayama and Osamu Yoshida
- Japan’s Accession to the ICC Statute and the ICC Cooperation Law
- 359
- Kanako Takayama
- Participation in the ICC and the National Criminal Law of Japan
- 384
- Yasushi Masaki
- Japan’s Entry to the International Criminal Court and the Legal Challenges It Faced
- 409
SPECIAL LECTURE
- Shigeru Oda
- International Court of Justice: Its Myth and Reality
- 427
JAPANESE DIGEST OF INTERNATIONAL LAW
- Junichi Hosono and Junko Iwaishi
- The 88th Hoshinmaru Case and the 53rd Tomimaru Case: Application to the International Tribunal for the Law of the Sea by Japan for Prompt Release
- 438
- Junji Nakagawa
- Japan’s Retaliatory Action Against the United States’ Continued Dumping and Subsidy Offset Act of 2000 (Byrd Amendment).
- 454
- SHIN Hae-Bong
- Recent Legislative and Administrative Measures Against Human Trafficking in Japan
- 471
CASES AND ISSUES IN JAPANESE PRIVATE INTERNATIONAL LAW
- Dai Yokomizo
- State Immunity from Civil Jurisdiction
- 485
BOOK REVIEWS
- Kazuhiro Nakatani
- 21 Seiki Kokusaiho no Kadai — Ando Nisuke Sensei Koki Kinen [Agenda for International Law in the 21st Century: Festschrift in Honour of Professor Nisuke Ando’s 70th Birthday], edited by Masahiko Asada. Tokyo: Yushindo Kobun Sha, 2006.
- 496
- Yoshihisa Hayakawa
- America Kokusaishiho no Kiso Riron [Basic Theory on American Private International Law], by Hiroshi Matsuoka. Osaka: Osaka University Press, 2007.
- 500
- Tadashi Mori
- Jieiken no Gendaiteki Tenkai [The Right of Self-Defence in the Contemporary Context], edited by Shinya Murase. Tokyo: Toshindo, 2007.
- 503
- Joel P. Trachtman
- Anti-Dumping Laws and Practices of the New Users, edited by Junji Nakagawa. London: Cameron May, 2007.
- 506
- Sookyeon Huh
- Resolving the Russo-Japanese Territorial Dispute: Hokkaido-Sakhalin Relations (The Nissan Institute/Routledge Japanese studies series), by Brad Williams. London: Routledge, 2007.
- 508
- Hyuck-Soo Yoo
- The WTO in the Twenty-first Century : Dispute Settlement, Negotiation, and Regionalism in Asia, edited by Yasuhei Taniguchi, Alan Yanovich, and Jan Bohanes. Cambridge: Cambridge University Press, 2007.
- 510
JUDICIAL DECISIONS IN JAPAN
I. Public International Law
- Supreme Court, Judgment, March 27, 2007
- Treaty of Peace between Japan and the Republic of China — Joint Communiqué between Japan and the People’s Republic of China — Recognition of Government — Succession of Government — Incomplete or Partial Succession — Transfer of Ownership and Capacity to Sue and to Be Sued after Switch of Government Recognition
- 512
- Supreme Court, Judgment, April 27, 2007
- Article 14(b) of the Treaty of Peace with Japan — Article 11 of the Treaty of Peace between Japan and the Republic of China — Paragraph 5 of the Joint Communiqué between Japan and the People’s Republic of China — The Right to Claim Compensation for Damages for People Brought to Japan Against Their Will and the Renunciation Clause in the Joint Communiqué
- 518
- Tokyo District Court, Ruling, January 24, 2007
- State Immunity from Civil or Administrative Jurisdiction — Restrictive Theory of Immunity — Distinction between Acts jure imperii and Acts jure gestionis — Consent by a Foreign State to be Subjected to Dispositions by an Administrative Agency of the Forum State
- 533
- Tokyo District Court, Judgment, February 2, 2007
- Article 1 A(2) of the Convention Relating to the Status of Refugees (1951) — Definition of the Term “being persecuted”— Persecution by Non-State Actors
- 544
II. Private Interantional Law
- Supreme Court, Judgment, March 23, 2007
- Surrogate Pregnancy — Surrogate Mother — Effect of a Judgment of a Foreign Court — Recognition of a Foreign Court Judgment — Final Judgment of a Foreign Court — Public Policy Exception — Legal Status of Parent-Child Relationship
- 552
- Tokyo High Court, Judgment, October 30, 2006
- Chi ld Support and Al imony Payments Between Chinese Nat ionals — International Adjudicatory Jurisdiction — Applicable Law in Child Support Cases — Applicable Law Concerning Preliminary Questions of the Age of Majority — Effect of Chinese Divorce Judgments — Recognition of Foreign Judgment
- 556
- Tokyo District Court, Interlocutory Judgment, March 20, 2007
- International Jurisdiction — General and Special Forum — Fairness Between the Parties and Due and Prompt Administration of Justice — International Concurrent Litigation — lis pendens — Meaning of ‘court’ in Code of Civil Procedure Article 142 — Abuse of Rights, Good Faith
- 561
- Osaka District Court, Judgment, March 29, 200
- International Adjudicatory Jurisdiction — Foreign Patent Rights — Applicable Law of Settlement Agreement
- 567
CHRONOLOGY OF JAPANESE FOREIGN AFFAIRS IN 2007
CHRONOLOGICAL LIST OF TREATIES AND OTHER INTERNATIONAL AGREEMENTS CONCLUDED BY JAPAN IN 2007
DOCUMENTS
- I. Treaties
- 591
- II. National Legislation
- 731
- III. Contemporary Practice and Opinion
- 739
ACTIVITIES
- I. Activities of the International Law Association of Japan
- 741
- II. Activities of Related Academic Associations in Japan
- 741
INSTRUCTIONS FOR SUBMISSIONS TO THE JAPANESE YEARBOOK OF INTERNATIONAL LAW
