JYIL JAPANESE YEARBOOK OF INTERNATIONAL LAW

All Issues

Volume 68 (2025)
CONTENTS

IN MEMORIAM

Yuji Iwasawa
Judge Shigeru Oda (1924–2025)
1

ARTICLES

CHALLENGES FOR INTER-STATE DISPUTE SETTLEMENT IN THE ERA OF MULTILATERAL DISPUTES

Dai Tamada
Introductory Note Open Access logo
5
Dai Tamada
Inference of Disputes: A Key Element for Multilateralising Dispute Settlement
7
Xinjun Zhang
The Judicial Protection of Community Interests at the World Court:
Evolution, Progress, and Challenges
Open Access logo
31
Béatrice Bonafé
The Sound Administration of Justice in Multilateral Dispute Settlement
70
Kei Nakajima
Multilateral Evidence-Gathering and Fact-Finding
91
Christian J. Tams
Unprecedented “Waves” and “Damp Squibs”: What to Make of the Recent Surge of Interventions in ICJ Proceedings?
110
Juliette McIntyre
Legal Effect of Judgments in Multilateral Dispute Settlement
146
Alina Miron
The Legal Implications of Advisory Opinions on Dispute Settlement
183

CURRENT STATE AND ISSUES OF JAPAN’S GOVERNANCE IN A DIGITAL AND AI-IMPLEMENTED SOCIETY:
FOCUSING ON CONSUMER, INFORMATION, AND COMPETITION LAW

Emiko Maruyama & Takami Hayashi
Introductory Note Open Access logo
213
Takehiro Ohya
Algorithm, Society, and Consumers
215
Emiko Maruyama
Personalized Pricing
— Intersection of Information Law, Competition Law,
and Consumer Law —
227
Kaori Ishii
Regulating Dark Patterns
— Current Frameworks and Future Directions in Consumer
and Information Law —
247
Sayako Takizawa
Abuse of a Superior Bargaining Position in Japan:
Current Trends Focusing on Digital Platform Regulations
278

PUBLIC INTERNATIONAL LAW

Yasue Mochizuki
Debating Universal Jurisdiction for Serious Human Rights Violations
— Implications of ASEAN States’ Practices —
286

JAPANESE DIGEST OF INTERNATIONAL LAW

SAMATA Norihito
Development Cooperation Charter of Japan
Japan’s Official Development Assistance (ODA) — ODA Charter — Development Cooperation Charter — Request Basis Principle — Non-Intervention Principle — Human Security — Peace Building — Strategic Use of ODA — Offer-Type Assistance — Debt Sustainability — ODA and Official Security Assistance
315
Yukari Ando
Immigration Control and Refugee Recognition Amendment Act 2023
Exceptions to Suspensive Effect of Deportation — The Principle of Non- Refoulment — Deportation Order with Penalties — Supervision Measures (Kanrisochi) — Complementary Protection
332
Osamu Yoshida
The Three Principles on Transfer of Defense Equipment and Technology
The Three Principles on Transfer of Defense Equipment and Technology — Direct Transfer of Finished Products of Global Combat Air Programme (GCAP) to Countries Other Than Partner Countries Under the Three Principles on Transfer of Defense Equipment and Technology and Related Agreements
351
Yohei Okada and Kengo Yasui
Japan’s Support for Ukraine in the Face of Russian Aggression
Japan’s Position on the Military Actions by Russia — Aggression — Threat of Nuclear Weapons — International Humanitarian Law — North Korea — Accord on Support for Ukraine and Cooperation Between the Government of Japan and Ukraine — Security of Information — Transfer of Defense Equipment —
Defense Industrial Cooperation, Acquisition, and Sustainment (DICAS) — Law of Neutrality — Anti-Corruption Task Force for Ukraine (ACT for Ukraine) — Register of Damage Caused by the Aggression of the Russian Federation Against Ukraine
365
Kenji Shimoyama
The Guidelines for Control of the Japan Coast Guard by the Minister of Defense in Armed Attack Situations
The Control Guidelines — National Security Strategy — The Japan Maritime Self- Defense Force — The Japan Coast Guard — Military Organization — Maritime Police Organization — The Self-Defense Forces Law — The Japan Coast Guard Law — Armed Conflict — Armed Attack Situation — Protocol Additional to the Geneva Convention of 12 August 1949 and Relating to the Protection of Victims of International Armed Conflicts of 8 June 1977
381
Tatsuya Abe and Kyo Arai
“Active Cyber Defense” Legislation
Cyber Response Capability Strengthening Act — Active Cyber Defense — Neutralization Measures — Tallinn Manual — Applicability of International Law to Cyber Operations — Use of Force — Non-Intervention — Extraterritorial Exercise of Police Force — Articles on State Responsibility — Necessity
395

BOOK REVIEWS

Mika Hayashi
Syrian Chemical Weapons and International Law, by Tatsuya Abe. Singapore:
Springer Singapore, 2023. Pp. ix, 360.
404
Rikiya Takahashi
Kindai Kokusai Chitsujo Keisei To Ho: Fuhenka To Chiikika No Hazama De
[Law and the Formation of Modern International Order: In Between Universalization and Regionalization], edited by Akashi Kinji and Han Sang-Hee. Tokyo: Keio University Press, 2023, Pp. 320.
407
Naoki Iwatsuki
The War in Ukraine and International Law,
edited by Masahiko Asada and Dai Tamada. Singapore: Springer, 2024. Pp. vii, 246. .
411
Kentaro Wani
Global Impact of the Ukraine Conflict: Perspectives from International Law,
edited by Shuichi Furuya, Hitomi Takemura and Kuniko Ozaki. Singapore:
Springer Singapore, 2023. Pp. xv, 508.
417
Chie Kojima
Japanese Maritime Security and Law of the Sea,
by Yurika Ishii. Leiden: Brill, 2022, Pp. xxvi, 229.
423
Midori Narazaki
Bunkazai no Fusei Torihiki to Teishoku Ho [Illegal Trade in Cultural Properties and Conflict of Laws], by Shiho Kato. Tokyo: Shinzansha, 2024. Pp. ix, 260.
426
Keiichi Nakabayashi
Kokusai Chusai to Kokusaishiho [International Arbitration and Private International Law], by Shunichiro Nakano. Tokyo: Shinzansha, 2023. Pp. xii, 213.
429
Yuri Takaya
Uchu-ho no Keisei [Norm Formation of Space Law], by Kimitake Nakamura. Tokyo; Shinzansha, 2023, Pp. xii, 303.
432
TAKEI Yoshinobu
Kaijohoanhosei no Genjo to Tenkai: Tayoka suru Kaijohoanninmu
[The Current State and Development of the Legal System of the Coast Guard:
Diversification of Coast Guard Missions], edited by OKUWAKI Naoya and SAKAMOTO Shigeki. Tokyo: Yuhikaku, 2023. Pp. xii, 418.
435
Yoshiko Naiki
Kokusaikeizaiho no Gendaitekitenkai [Contemporary Developments of International Economic Law: Essays on the Occasion of the 70th Birthdays of Professor Akio Shimizu], edited by Takao Suami, Junji Nakagawa, and Shuichi Furuya. Tokyo: Shinzansha, 2023. Pp. xvi, 588.
440
Mitsue Inazumi
The Rohingya Crisis and The International Criminal Court, by Hitomi Takemura. Singapore: Springer Singapore, 2023. Pp, xiii, 151.
445

JUDICIAL DECISIONS IN JAPAN

I. Public International Law

Nagoya High Court, Order, September 11, 2024
Loss of Nationality — Statehood — Afghanistan — Acquisition of Japanese Nationality Pursuant to Article 2(iii) of the Nationality Act
450
Sapporo District Court, Judgment, April 18, 2024
Fishing Rights of the Indigenous People — Art. 27 of the ICCPR — UN Declaration on the Rights of Indigenous Peoples — The Act on Promoting Measures to Achieve a Society in Which the Pride of Ainu People Is Respected
454

II. Private International Law

Tokyo High Court, Ruling, August 9, 2023
Jurisdiction — Jurisdiction by Necessity — Division of Inherited Property — Real Property
461
Osaka District Court, Judgment, March 22, 2023
State Immunity — Contracts of Employment — Recruitment
464
Tokyo District Court, Judgment, March 6, 2024
Recognition and Enforcement of Foreign Judgments — British Orders on Financial Claims Arising from a Divorce
471
Chiba District Court, Judgment, July 19, 2024
Recognition and Enforcement of Foreign Judgments — Singaporean Judgment on Payment of Child Support — Applicable Law to Extinctive Prescription of Claims
477

CHRONOLOGY OF JAPANESE FOREIGN AFFAIRS IN 2024

482

CHRONOLOGICAL LIST OF TREATIES AND OTHER INTERNATIONAL AGREEMENTS CONCLUDED BY JAPAN IN 2024

* Selected Treaties and Documents Concluded and Signed by Japan is available on-line (click here).
492

ACTIVITIES

I. Activities of the International Law Association of Japan
495
II. Activities of Related Academic Associations in Japan
500
1. Kokusaiho Gakkai (Japanese Society of International Law [JSIL], established in 1897)
500
2. Kokusai Shiho Gakkai (Private International Law Association of Japan, established in 1949)
511
3. Sekaiho Gakkai (Japanese Association of World Law, established in 1965)
516