International Law, Human Rights, and Japanese Law: The Impact of International Law on Japanese Law

By Yuji Iwasawa | Go to book overview

Contents
Prefacexi
List of Abbreviationsxiii
Table of Casesxvii
Table of Treaties and Other International Instrumentsxxxv
I. Introductory Chapter1
A. Purpose1
B. Attitude of Japan towards Law-Making on Human Rights and Its Supervision5
II. The Treaty-Making Process in Japan12
A. Approval of Treaties by the Diet12
1. Process of Approval12
2. Subsequent Approval13
3. Effect of Disapproval14
4. Power of the Diet to 'Amend' a Treaty16
5. Reservations and Interpretative Declarations18
B. 'Treaties' and 'Executive Agreements'19
C. Implementation of Treaties in Japan25
1. Publication of Treaties25
2. Implementation of Treaties27
III. The Status of International Law in Japan28
A. Domestic Legal Force of International Law28
B. Finding of International Law by Japanese Courts34
C. Binding Character of International Instruments37
D. Progressive Character of Human Rights Treaties40
1. International Covenant on Civil and Political Rights40
2. International Covenant on Economic, Social and Cultural Rights41
3. Convention on the Elimination of Discrimination against Women43
E. Direct Applicability of International Law in Japan44
1. Doctrines of Direct Applicability of International Law44

-v-

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