International Law and Japanese Sovereignty

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Author :
Publisher : Springer
ISBN 13 : 1137567775
Total Pages : 239 pages
Book Rating : 4.1/5 (375 download)

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Book Synopsis International Law and Japanese Sovereignty by : Douglas Howland

Download or read book International Law and Japanese Sovereignty written by Douglas Howland and published by Springer. This book was released on 2016-11-15 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does a nation become a great power? A global order was emerging in the nineteenth century, one in which all nations were included. This book explores the multiple legal grounds of Meiji Japan's assertion of sovereign statehood within that order: natural law, treaty law, international administrative law, and the laws of war. Contrary to arguments that Japan was victimized by 'unequal' treaties, or that Japan was required to meet a 'standard of civilization' before it could participate in international society, Howland argues that the Westernizing Japanese state was a player from the start. In the midst of contradictions between law and imperialism, Japan expressed state will and legal acumen as an equal of the Western powers – international incidents in Japanese waters, disputes with foreign powers on Japanese territory, and the prosecution of interstate war. As a member of international administrative unions, Japan worked with fellow members to manage technical systems such as the telegraph and the post. As a member of organizations such as the International Law Association and as a leader at the Hague Peace Conferences, Japan helped to expand international law. By 1907, Japan was the first non-western state to join the ranks of the great powers.

Japan's Territory Under International Law

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Author :
Publisher : Brill Nijhoff
ISBN 13 : 9789004706354
Total Pages : 0 pages
Book Rating : 4.7/5 (63 download)

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Book Synopsis Japan's Territory Under International Law by :

Download or read book Japan's Territory Under International Law written by and published by Brill Nijhoff. This book was released on 2024-09-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume sheds light on Japan's territorial situation from a unique perspective by analyzing the historical evolution of the concept of "territory" and the various legal theories on resolving territorial disputes. Each of the chapters in this book presents multiple points of view that provide significant insight into the resolution of Japan's territorial issues, such as those concerning the Northern Territories, Takeshima, and the Senkaku Islands. This book will be a valuable and useful resource to practitioners, researchers, and even members of the general public with an interest in territorial disputes. Contributors are: Masaharu Yanagihara, Tadashi Mori, Tetsuya Yamada, Yuichi Sasaki, Atsuko Kanehara, Tomofumi Kitamura, Hironobu Sakai, Tomoko Fukamachi, and Dai Tamada.

The Territory of Japan

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Publisher : Springer Nature
ISBN 13 : 9819930138
Total Pages : 199 pages
Book Rating : 4.8/5 (199 download)

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Book Synopsis The Territory of Japan by : Kentaro Serita

Download or read book The Territory of Japan written by Kentaro Serita and published by Springer Nature. This book was released on 2023-07-18 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Open Access book carefully examines the legal and historical bases of the territory of Japan as a modern State from the Meiji period to 2002. A new preface summarizes key developments in the situation up through 2022. Japan’s current territory is stipulated by the Potsdam Declaration (1945) and the Treaty of Peace with Japan (1951); it includes the Northern Territories, the Senkaku Islands, and Takeshima. Japan has demanded the return of the Northern Territories, comprising the islands of Etorofu, Kunashiri, Shikotan and Habomai, which are occupied by Russia. China has claimed sovereignty over the Senkaku Islands, which are validly controlled by Japan; Japan has claimed sovereignty over Takeshima, which is occupied by the Republic of Korea. This book analyzes the current status of these territorial topics, drawing on historical documents and international legal precedent, and it suggests peaceful methods to address them. In discussing territorial land, sea, and air space, this work touches upon postwar concepts defining modern international law and relevant rules on these subjects—exclusive economic zones (EEZs), continental shelves, and air defense identification zones (ADIZs)—found in international treaties, such as the United Nations Convention on the Law of the Sea (UNCLOS), and related domestic laws.

Japanese Maritime Security and Law of the Sea

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Author :
Publisher : BRILL
ISBN 13 : 9004500413
Total Pages : 255 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Japanese Maritime Security and Law of the Sea by : Yurika Ishii

Download or read book Japanese Maritime Security and Law of the Sea written by Yurika Ishii and published by BRILL. This book was released on 2021-12-20 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: Japan, the geopolitical lynchpin in the East Asian region, has developed a unique maritime security policy and interpretation of the law of the sea. Japanese Maritime Security and the Law of the Sea examines Japan’s domestic laws and its approach to international law.

Japan and International Law

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Author :
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111944
Total Pages : 448 pages
Book Rating : 4.1/5 (119 download)

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Book Synopsis Japan and International Law by : Nisuke Andō

Download or read book Japan and International Law written by Nisuke Andō and published by Martinus Nijhoff Publishers. This book was released on 1999-05-27 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a record of the international symposium held at the Kyoto International Conference Hall to mark the centennial of the Japanese Association of International Law. The purpose of the symposium was to reflect on past Japanese practice, to analyze current problems affecting Japan, and to seek to clarify the future role of Japan in the global community, in terms of international law. After joining the international community in the middle of the nineteenth century, Japan adopted a policy of wealth creation and armament in order to maintain its independence against the expanding Western States. At the same time, on the domestic scene, Japan vigorously promoted the modernization - Westernization - of its political, economic, and social institutions. Japan emerged as one of the victorious 'Principal Allied and Associated Powers' in World War I, and started asserting its place in the international order. However, in the aftermath of the Great Depression, Japan failed to reach agreement with the international community, eventually left the League of Nations, invaded the Asian continent, and met with complete military defeat in World War II. In the subsequent years, Japan toiled to rebuild its economy and to rejoin the world community, but despite its miraculous economic recovery and expansion, Japan remains ambivalent in its policy of contributing to the maintenance of international peace and security. During these one and a half centuries the Japanese practice of international law has covered a wide range of fields. From these various fields, the symposium took up three specific topics: War and Peace, Economy, and Human Rights, because of their relevance to past Japanese practice and because future Japanese practice in these areas would be bound to affect international law in the coming century. In addition, the symposium discussed Japanese transactions, in general, with international law. The period covered by the symposium has witnessed many drastic changes in the world, and international law, which used to be applied almost exclusively to relations among the Western States, has now come to be applied universally. The Association wished to emphasize that an analysis of Japanese practice should be of significance for anyone interested in promoting and consolidating the rule of law in the world community at large.

Extra-territoriality in Japan

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Publisher :
ISBN 13 :
Total Pages : 102 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Extra-territoriality in Japan by : Eli T. Sheppard

Download or read book Extra-territoriality in Japan written by Eli T. Sheppard and published by . This book was released on 1879 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Sovereign Rights and Territorial Space in Sino-Japanese Relations

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Author :
Publisher : University of Hawaii Press
ISBN 13 : 9780824824938
Total Pages : 322 pages
Book Rating : 4.8/5 (249 download)

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Book Synopsis Sovereign Rights and Territorial Space in Sino-Japanese Relations by : Unryu Suganuma

Download or read book Sovereign Rights and Territorial Space in Sino-Japanese Relations written by Unryu Suganuma and published by University of Hawaii Press. This book was released on 2001-03-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 1996, members of the right-wing Japan Youth Federation repaired a lighthouse on one of the Diaoyu (J. Senkaku) Islands, a small group of uninhabited islets north of Taiwan in the Liuqiu (J. Ryukyu) chain, known today as Okinawa. For months, outraged ethnic Chinese in Hong Kong and Taiwan protested Japan’s presence in the islands, and violent confrontations between protesters and the Japanese Marine Self-Defense Force resulted. Tension over these incidents has subsided since 1996, but the sovereignty of the islands remains a concern for both China and Japan. The long and complex history of relations between the two countries has made the problem difficult to resolve. This volatile situation has been further complicated by the involvement of other countries, including the U.S. Although the Diaoyu/Senkaku matter may be characterized as a simple territorial dispute between two nations, it exposes complicated geopolitical relations among Japan, China, Taiwan, and the U.S. in the Asia-Pacific region. Sovereign Rights and Territorial Space in Sino-Japanese Relations is an investigation of the highly topical issues involved in the Diaoyu/Senkaku confrontation. It begins by addressing the issue of the historical development of the dispute: To whom do the islands belong? When did China and Japan become involved? Does historical evidence prove who has sovereignty over the islands? How has irredentism (the claim to territory based on one or another historical “right”) become a major state policy in both countries? Other issues center on Chinese views of sovereignty and methods of delimiting territorial boundaries during the Ming and Qing periods, the Chinese concept of hegemony, and the history behind the deep mistrust that permeates Sino-Japanese relations. Finally, the author discloses the interwoven relationship between geography and history in East Asia. Chinese and Japanese geographers have for centuries been engaged in historical analyses of the islands. Their work, which has been used in the development of national security and diplomatic policies, is an important resource and one that this book makes available to Western scholars for the first time. In addition to his careful examination of these and other sources, Suganuma utilizes theoretical writings on geographical irredentism to expose the biases of recent work on the Diaoyu/Senkaku dispute. This volume is the fullest scholarly treatment that the contested issue of the Diaoyu/Senkaku Islands has received to date in any language. It contains much of interest for historians of modern China and Japan as well as for political scientists looking for new insights into international relations and Sino-Japanese interactions. No one who reads it will look at sovereignty in the same way again.

Claims to Territory Between Japan and Korea in International Law

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Author :
Publisher : Xlibris Corporation
ISBN 13 : 1493182161
Total Pages : 181 pages
Book Rating : 4.4/5 (931 download)

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Book Synopsis Claims to Territory Between Japan and Korea in International Law by : Pilkyu Kim

Download or read book Claims to Territory Between Japan and Korea in International Law written by Pilkyu Kim and published by Xlibris Corporation. This book was released on 2014-03-27 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: The period following World War II has witnessed numerous international territorial disputes, particularly in Asia and Africa. Even as we enter the twenty-first century, a large number of these territorial disputes over sovereignty remain unresolved and continue to pose significant diplomatic barriers for the parties involved. Clive Schofield, the author of Global Boundaries, identified10 disputed island hot spots around the globe, including the Falkland Islands, Dokdo (Takeshima), Diaoyu (Senkaku), and the Kurile and Spratly Islands, among others. Turning our attention to Northeast Asia, one territorial dispute of historic significance concerns a set of small rocky islets known as Dokdo in Korean or Takeshima in Japanese. Upon closer examination, these small islets represent more than just a dispute over territorial boundaries, but a historic source of tension and sensitivity that can be traced back to the period of Japanese imperialist aggression in Korea during the first half of the twentieth century. Today, this controversial territorial dispute remains as a critical obstacle to the amicable relations between Korea and Japan. Much of the problem appears to stem from the inability of both countries to reach a consensus on two interconnected issues: historical misperceptions and divergent legal interpretations over territorial claims to sovereignty. Bearing these two issues in mind, this book seeks to offer a fresh examination of the major historical and legal arguments at both sides of the Dokdo conflict from the perspective of international law. Through this approach, it is hoped this book will not only contribute to a better understanding of the facts and truth behind the Dokdo dispute, but also generate further discussion on how Korea and Japan might advance a productive dialog to achieve a meaningful resolution to this longstanding problem.

The Changing Postwar International Legal Regime

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Publisher : BRILL
ISBN 13 : 9047403150
Total Pages : 200 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis The Changing Postwar International Legal Regime by : Wakamizu Tsutsui

Download or read book The Changing Postwar International Legal Regime written by Wakamizu Tsutsui and published by BRILL. This book was released on 2002-10-01 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: In view of the practices of the Second World War, international society could no longer be under the principles of traditional international law. The United Nations was conceived to preserve peace through the execution of "no use of force". To meet the reality of wartime collaboration in each region, it adopted self-defense as the basis for individual action. The postwar international legal order has been realized through self-defense as an intermediate function between the individual and collective, as provided under article 51 of the UN Charter. Japan recovered her independence by concluding a Security Treaty with the United States based on the right of self-defense. Even after the conclusion of the Cold War, they have chosen to strengthen the Treaty rather than give effect to Japan's "Peace Constitution". Other states are also caught up in the same current, taking actions not precluded by the UN Charter. Whatever regime should follow the present one, it will draw more on the humanity principle based on "freedom of conscience". This work should be read by anyone interested in the development of international law and its influence on international relations.

Japan’s Territory under International Law

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Author :
Publisher : BRILL
ISBN 13 : 9004706364
Total Pages : 345 pages
Book Rating : 4.0/5 (47 download)

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Book Synopsis Japan’s Territory under International Law by :

Download or read book Japan’s Territory under International Law written by and published by BRILL. This book was released on 2024-09-26 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume sheds light on Japan's territorial situation from a unique perspective by analyzing the historical evolution of the concept of “territory” and the various legal theories on resolving territorial disputes. Each of the chapters in this book presents multiple points of view that provide significant insight into the resolution of Japan’s territorial issues, such as those concerning the Northern Territories, Takeshima, and the Senkaku Islands. This book will be a valuable and useful resource to practitioners, researchers, and even members of the general public with an interest in territorial disputes. Contributors are: Masaharu Yanagihara, Tadashi Mori, Tetsuya Yamada, Yuichi Sasaki, Atsuko Kanehara, Tomofumi Kitamura, Hironobu Sakai, Tomoko Fukamachi, and Dai Tamada.

Peace in Northeast Asia

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1848443986
Total Pages : 147 pages
Book Rating : 4.8/5 (484 download)

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Book Synopsis Peace in Northeast Asia by : Thomas J. Schoenbaum

Download or read book Peace in Northeast Asia written by Thomas J. Schoenbaum and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . this book provides a logically written explanation of legalistic matters that otherwise would be hard to approach for the layman. . . The arguments laid out in this book are clear and precise and postulate a need for mutual co-operation and an ecological use of resources as well as the importance for regional actors to use international legal institutions as a conduit to peaceful resolution and mutual benefit. Markus Bell, East Asia Integration Studies . . . the book successfully outlines the essential points of the disputes and proposes the establishment of regional fora for security and development. Gibeom Kim, Political Studies Review This book takes an in-depth look at Japan s long-festering territorial and maritime disputes with its three neighbors China, South Korea and the Russian Federation. Japan has established friendly relations with all three former adversaries since the end of World War II, but these sovereignty issues remain. All three disagreements have recently flared into potentially violent incidents that could erupt again at any time. The book explores each situation and proposes concrete compromise solutions to each of the outstanding disputes. The key recommendation the book sets forth is that the disputes in question be resolved through the conclusion of separate negotiated agreements between Japan and each of its neighbors, whereby separate Zones of Cooperation and Environmental Protection are established in northeast Asia. These three agreements would be international treaties with the purpose of establishing ongoing permanent cooperation in the three disputed areas. The book concludes with a discussion of the need for broader multilateral institutions of cooperation. International relations specialists, government officials, international lawyers and scholars of Asian politics will find great value in the knowledgeable discussions of these complex issues.

The Development of the Law of Territorial Acquisition Illustrated by the Example of the Dispute Between China and Japan Over the Senkaku/Diaoyu(tai) Islands

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (97 download)

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Book Synopsis The Development of the Law of Territorial Acquisition Illustrated by the Example of the Dispute Between China and Japan Over the Senkaku/Diaoyu(tai) Islands by : Isabelle Maurer

Download or read book The Development of the Law of Territorial Acquisition Illustrated by the Example of the Dispute Between China and Japan Over the Senkaku/Diaoyu(tai) Islands written by Isabelle Maurer and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Territory is a crucial concept in public international law and constitutes also an important part of the disputes decided in front of the International Court of Justice. Disagreements concerning sovereignty over territory can endanger good relations between neighbour countries, wherefore they are crucial in international relations. The aim of this paper is to demonstrate the development of the modes of territorial acquisition (discovery and occupation, prescription, accretion, cession and subjugation) over time and to apply them in the specific dispute over the Senkaku/Diaoyu(tai) islands. Before the middle of the 19th century the Chinese world order was prevailing in the relations between China and Japan and the modes of public inter-national law of European origin were not applicable. Afterwards, they became applicable but with the entering into force of the UN Charter forced cession and subjugation became unlawful. Occupation is not applicable to the dispute over the Senkaku/Diaoyu(tai) islands as they were not terra nullius when Japan acquired them in January 1895. Neither were the islands ceded in the Treaty of Shimonoseki nor were they appropriated by subjugation in the Sino-Japanese War. It is concluded that Japan acquired the Senkaku/Diaoyu(tai) islands lawfully in 1895 through prescription.

International Law as Interpreted During the Russo-Japanese War

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Author :
Publisher :
ISBN 13 :
Total Pages : 568 pages
Book Rating : 4.:/5 (45 download)

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Book Synopsis International Law as Interpreted During the Russo-Japanese War by : Frederick Edwin Smith Earl of Birkenhead

Download or read book International Law as Interpreted During the Russo-Japanese War written by Frederick Edwin Smith Earl of Birkenhead and published by . This book was released on 1907 with total page 568 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Japanese Private International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509924310
Total Pages : 321 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Japanese Private International Law by : Kazuaki Nishioka

Download or read book Japanese Private International Law written by Kazuaki Nishioka and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

The Japanese Law of Nationality and the Rights of Foreigners in Land Under the Laws of Japan

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Publisher :
ISBN 13 :
Total Pages : 494 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Japanese Law of Nationality and the Rights of Foreigners in Land Under the Laws of Japan by : Tsunejiro Miyaoka

Download or read book The Japanese Law of Nationality and the Rights of Foreigners in Land Under the Laws of Japan written by Tsunejiro Miyaoka and published by . This book was released on 1925 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Territorial Disputes among Japan, China and Taiwan concerning the Senkaku Islands (Boundary & Territory Briefing Vol.3 No.7)

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Author :
Publisher : IBRU
ISBN 13 : 1897643500
Total Pages : 43 pages
Book Rating : 4.8/5 (976 download)

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Book Synopsis Territorial Disputes among Japan, China and Taiwan concerning the Senkaku Islands (Boundary & Territory Briefing Vol.3 No.7) by : Seokwoo Lee

Download or read book Territorial Disputes among Japan, China and Taiwan concerning the Senkaku Islands (Boundary & Territory Briefing Vol.3 No.7) written by Seokwoo Lee and published by IBRU. This book was released on 2002 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Law Applied to the Russo-Japanese War

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Publisher :
ISBN 13 :
Total Pages : 834 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis International Law Applied to the Russo-Japanese War by : Sakuyé Takahashi

Download or read book International Law Applied to the Russo-Japanese War written by Sakuyé Takahashi and published by . This book was released on 1908 with total page 834 pages. Available in PDF, EPUB and Kindle. Book excerpt: