Chapter

The Status of International Law 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/9780198259121.003.0003
The Status of International Law in Japan

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This chapter examines the status and rank of international law in the Japanese legal order and confirms that treaties and customary international law have the force of law and enable litigants to invoke international law in Japanese courts. How the Japanese national courts deal with arguments based on international law, and why international instruments are not always binding under international law, even though international law has the force of law in Japan, are also examined in the chapter. The enforcement of some human rights treaties are often thwarted when enforced in domestic law, so these can only be established as an objective that is to be achieved progressively. The chapter examines how the technique of indirect application of international law, mainly international human rights laws, can be effective even when an international law cannot be directly applied. It also deals with the evaluation of human rights situations in foreign countries with the motive to apply an external application of international human rights laws or for refusing to extradite a criminal to the country. The legal effects of acts of international organizations in domestic law are also analysed.

Keywords: international law; treaties; Japanese courts; extradition; foreign countries

Chapter.  49905 words. 

Subjects: Public International Law

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