Chapter

Introductory Chapter

YUJI IWASAWA

in International Law, Human Rights, and Japanese Law

Published in print September 1998 | ISBN: 9780198259121
Published online March 2012 | e-ISBN: 9780191681905 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198259121.003.0001
Introductory Chapter

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This chapter discusses that there used to be little known about the relationship between Japanese law and international law outside of Japan until just recently. Except for a few famous cases, Japanese cases are not generally known in the West, despite their availability. Treaties have the force of law and override statutes enacted by the Diet (the Japanese parliament) in Japan and that is the reason why Japan is very selective in the human rights treaties that they have ratified. This book aims to analyse the impact that international law has had on Japanese law during the last two decades because of the rise in the number of Japanese court cases in which international human rights law is invoked, and to demonstrate that the impact has indeed been considerable. The scope of study is confined to analysing the impact of international human rights laws on Japanese law by focusing on the Japanese experience. Where human rights laws are concerned, Japan is passive in law making, but is defensive when it comes to reporting on human rights.

Keywords: case law; Japanese law; international law; human rights; Diet; Japan

Chapter.  5604 words. 

Subjects: Public International Law

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