2-1. How Is It Possible for Japan to Have the “Self-defense Forces” under the Anti-war Constitution?

Article 9 of the Constitution of Japan provides that “land, sea, and air forces, as well as other war potential, will never be maintained.” Japan however has “Self-defence Forces”, which maintain considerable military capability. How can we explain this apparent contradiction?

Course material

• PPT

Further readings

• MATSUI Shigenori, The Constitution of Japan, Oxford, Hart, 2011.
• Ministry of Defense, Defense of Japan 2012
• Japan Ground Self-Defense Force Channel
• Japan Maritime Self-Defense Force
• Japan Air Self-Defense Force
• LDP announces a new draft Constitution for Japan
• Global Article 9 Campaign: News from Japan - Japan's Path to Militarism

2-2. Why Do a Few Small Islands Cause a Stir in Japan-China Relations?

The so-called “nationalization” of the Senkaku Islands (“Diaoyu” in Chinese) by the Japanese Government provoked violent anti-Japanese movements in China in 2012. What do we know about the history surrounding these tiny islands? How can we settle or accommodate the dispute?

Reading assignments

• HAMAMOTO Shotaro, "International Law, Regional Developments: East Asia", Max Planck Encyclopedia of Public International Law, Oxford, Oxford University Press, 2011 (paras. 1-39).
• Ministry of Foreign Affairs of Japan, Japan-China Relations: Current Situation of Senkaku Islands
• United Nations General Assembly, Official Records, Thursday, 27 September 2012, 6 p.m., U.N. Doc. A/67/PV.14, p. 29, pp. 40-42.
• China Daily, China-Japan Row over Diaoyu Islands
• Global Times, Ryukyu Issue Offers Leverage to China
• Global Times, Chinese Public Should Support Okinawa Group's Independence Call: Analyst

Course material

• PPT

Further readings

• MATSUI Yoshiro, "International Law of Territorial Acquisition and the Dispute over the Senkaku (Diaoyu) Islands", Japanese Annual of International Law, No. 40 [1997], pp. 3-31.
• Zhang Zuxing, "A Deconstruction of the Notion of Acquisitive Prescription and Its Implications for the Diaoyu Islands Dispute", Asian Journal of International Law, vo. 2, 2012, pp. 323-338.
• Ghislain Poissonnier & Pierre Osseland, « A qui appartiennent les îles Senkaku/Diaoyu ? », Journal du droit international, t. 135, 2008, pp. 467-484.

2-3. Why Does the “Comfort Women” Problem Continue to Complicate Japan’s Relations with Korea?

The problem of the comfort women or forced prostitution during the Second World War regularly comes up to complicate Japan’s relations with Korea. Why do we continue to talk about it, while all the war compensation issues have been settled in the 1965 Japan-Korea Agreement?

Reading assignments

• Agreement on the Settlement of Problem concerning Property and Claims and on the Economic Co-operation between Japan and the Republic of Korea, 1965: in particular, Articles II and III.
• Nagoya High Court (Kanazawa Branch), Judgment, March 8, 2010.
• Digital Museum: The Comfort Women Issue and the Asian Women's Fund
• Constitutional Court of Korea, Decision, 2006Hun-Ma788, 30 August 2011.
• Supreme Court of Korea, Decision 2009Da22549 Decided May 24, 2012.

Course material

• PPT

2-4. Why Does Japan Maintain Capital Punishment?

Japan is one of the very few industrialized States that maintain death penalty and has repeatedly been criticized by various international organizations, including the Council of Europe, the European Union, and some of the human rights organs established under relevant human rights treaties to which Japan is a party. Why do the Japanese people support capital punishment in the 21st century?

2-4. Is "Hate Speech" Protected under Japanese Law?

Despite the recent rise of hate speech in Japan, a large number of Japanese human rights experts continue to argue against the criminalization of hate speech under Japanese law. Has the time not come to reconsider this approach, according which the freedom of expression enjoys a "preferred position"?

Reading assignments

• Recent incidents in Japan
  • 安田浩一『ネットと愛国』（講談社、2012年）
  • CNN iReport, "Japanese Teen, 'Let's genocide all of Koreans'"
  • CNN iReport, "Declaration of 'Korean Hunting'"
  • Japan Times, "Nationalism rearing ugly head with greater frequency"
  • Le Monde, "Surenchère nationaliste au Japon à la veille des législatives"
  • Asahi Shimbun, "Abe criticizes increase in hate speech in Japan"
• Japanese law on hate speech
  • Asahi Shimbun, "Justice minister criticizes hate speech in Japan but won't punish offenders"
  • Article 4, International Convention on the Elimination of All Forms of Racial Discrimination
    • Reservation formulated by Japan regarding Article 4 of the Convention (click "Japan")
  • Article 21, Constitution of Japan
• Compare:
  • European Convention on Human Rights
    • Article 10 of the Convention
    • Vejdeland v. Sweden, especially paras. 7-17, 49, 57-59.
  • Article 6, Article 25(3)(e), Statute of the International Criminal Court

Course material

• PPT (PW required)

2-5. Why Does Japan Continue Whaling?

A number of European and American States criticize Japan for continuing its scientific whaling in the North Pacific as well as in the Antarctic Ocean. Why is Japan’s whaling unfavorably regarded while the scientific evidence tells us that minke whales that Japan continues to catch are far from being threatened to become extinct? Or is the science distorted by diplomacy?

Course material

• PPT

Further readings

• International Court of Justice, Whaling in the Antarctic (Australia v. Japan: New Zealand intervening)
• Public hearings in the case concerning Whaling in the Antarctic (Australia v. Japan: New Zealand intervening)

• Form
  • Times New Roman, 12 point
  • line: 1.5
  • pages: 3
  • PDF or MS Word
• Subject
  • Option 1: Discrimination against women in education: Are there any problems in Japan? If so, how should Japan cope with them?
  • Option 2: Any of the subjects dealt with in Part II or any subject related to any of them.

• Deadline: 17:00, Thursday 4 July 2013.
• Submission
  • To Ms. Ikei at the KUINEP Secretariat (Ryugakusei-ka) by e-mail
  • Subject box: "[student number], [name], Law and Politics in Japan"