International Law, Human Rights, and Japanese Law
The Impact of International Law on Japanese Law
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Product details:
- Publisher Clarendon Press
- Date of Publication 24 September 1998
- ISBN 9780198259121
- Binding Hardback
- No. of pages398 pages
- Size 243x163x26 mm
- Weight 765 g
- Language English 0
Categories
Short description:
The impact international law has had on Japanese law has been substantial, especially in the field of human rights. The author of this volume, one of Japan's leading international lawyers, examines extensively the relationship between his country's domestic rules and regulations, and the numerous international treaties and conventions which it has ratified in recent years.
The author pays particular attention in this volume to the laws governing sexual equality, the legal status of aliens, and the treatment of mental health patients, amongst others. The book details the changes that international law has brought in these areas, despite the skepticism of the Japanese courts regarding the validity of international human rights law as a source of law.
Long description:
The impact international law has had on Japanese law has been substantial, especially in the field of human rights. The author of this volume, one of Japan's leading international lawyers, examines extensively the relationship between his country's domestic rules and regulations, and the numerous international treaties and conventions which it has ratified in recent years.
Some changes were made to domestic laws in an attempt to make them conform with these international instruments, but individuals went to the courts to try to obtain further necessary modification. Such direct invocations of international law have met with little success, but the laws concerned are often amended at a later date, due to political pressure. The changes in domestic law thatsuch amendments have wrought, have improved the human rights situation in Japan, and have lead to a growing interest in international law within that country.
The author pays particular attention in this volume to the laws governing sexual equality, the legal status of aliens, and the treatment of mental health patients, amongst others. The book details the changes that international law has brought in these areas, despite the skepticism of the Japanese courts regarding the validity of international human rights law as a source of law.
Packed with information of great value to researchers, students, lawyers and NGO workers in Japan.
Table of Contents:
Table of Abbreviations
Table of Cases
Table of Treaties and other International Instruments
I. Introductory Chapter
A. Purpose
B. Attitude of Japan
II. The Treaty-Making Process in Japan
A. Approval of Treaties by the Diet
B, `Treaties' and `Executive Agreements'
C, Implementation of Treaties in Japan
III. The Status of International Law in Japan
A. Domestic Legal Force of International Law
B. Binding Character of International Instruments
C. Progressive Character of Human Rights Treaties
D. Direct Applicability of International Law in Japan
E. Indirect Application of International Law
F. External Application of International Law
G. Rank of International Law
H. Judicial Review of Treaties
I. Legal Effect in Japan of Acts of International Organs
IV. The Impact of International Human Rights Law on Resident Aliens in Japan
A. Introduction
B. Historical Background
C. Aliens and International Human Rights Law
D. Nationality of Koreans in Japan
E. Immigration Control
F. Alien Registration
G. Substantive Rights
H. Conclusion
V. The Impact of International Human Rights Law on Women in Japan
A. Introduction
B. Japan and the Convention on the Elimination of Discrimination against Women
C. Changes Made upon Ratification of the Convention
D. Other Changes Made
E. Conclusion
VI. The Impact of International Human Rights Law on Detention in Japan
A. Detention of Mental Patients
B. Criminal Detention
C. Conclusion
VII. Concluding Chapter
A. The Relationship between International Law and Japanese Law
B. Impact of International Law on Japanese Law
Select Bibliography
Index
