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International Law, Human Rights and Japanese Law


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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

About the Author

Yuji Iwasawa is Professor of International Law in the Department of international relations in the University of Tokyo, Japan. He is the author of numerous articles on international law and its relationships with domestic laws.


`This book has many merits ... gives readers around the world a precise and comprehensive picture of Japanese law and its application ... includes an extensive table of cases and a substantial bibliography, of considerable value to Japanese interested in this field as well as foreigners, since these useful aids regrettably tend to be omitted from Japanese scholarly books.'
Social Science Japan Journal
`Iwasawa's conclusion on the influence of international human rights law upon Japanese law and its application is important ... Iwasawa's interpretations of various provisions of human rights conventions are persuasive.'
Social Science Japan Journal
`This book strikes an appropriate balance between the theoretical and the practical. It is explicit in detail and clear in its presentation and style.'
Journal of Asian Studies 217 (2001)

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