Chapter

Japan

Shin Hae Bong

in International Law and Domestic Legal Systems

Published in print September 2011 | ISBN: 9780199694907
Published online January 2012 | e-ISBN: 9780191731914 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199694907.003.0014
Japan

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There appears to be no legislative provisions or regulations that call, properly speaking, for the application of international law within the Japanese legal system. But, some Acts enacted in order better to implement relevant treaties mention, in the provisions stating the purpose of the Acts, that they are designed to ensure the observance of treaty norms, in direct or indirect terms. Ratified treaties are automatically accepted into domestic law from the time of promulgation by the Official Gazette (Kampō), by virtue of Article 98, paragraph 2 of the Constitution. This is the position of the government and the courts as well as of the prevailing doctrine. By virtue of Article 98 of the Constitution, customary international law is deemed to be automatically incorporated into domestic law and courts will apply it. Treaties and customary international law are considered to have higher status than statutes, meaning that treaties prevail over statutes and that a conflicting norm of a statute must be struck down by the courts.

Keywords: Japanese law; customary international law; treaties; domestic law; constitutional law; constitution

Chapter.  14028 words. 

Subjects: Public International Law

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