Chapter

The Treaty-Making Process in Japan

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/9780198259121.003.0002
The Treaty-Making Process in Japan

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This chapter discusses the relationship between international law and Japanese law through the Japanese experience, particularly Japan's treaty-making process, with emphasis upon the mostly co-operative relationship between the parliament system (the Diet) and the executive system (government) in the parliamentary democracy system of Japan. It discusses the process of the approval of treaties by the parliament, including some long-term issues that have plagued constitutional scholars; some questions of the subsequent approval of a treaty by the parliament; the effect of the disapproval of the parliament; and the parliaments power to ‘amend’ a treaty. Also addressed in this chapter are questions of reservations and analysis of the relatively new issue of interpretive declarations, which was first raised in the 1990s in connection to the ratification of human rights treaties in Japan. This chapter also discusses the explanation of the distinction between executive agreements and treaties. Lastly, it discusses the Japanese system of publication and implementation of treaties.

Keywords: international law; Japan; Japanese law; Diet; treaties; parliament; executive agreements

Chapter.  7836 words. 

Subjects: Public International Law

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