The paper examines the root causes of Japan＇s rapid shift to foreign policy activism. To explain the causes, I develop the so-called ＂perverse political accountability＂ approach. Specifically, the approach claims t...The paper examines the root causes of Japan＇s rapid shift to foreign policy activism. To explain the causes, I develop the so-called ＂perverse political accountability＂ approach. Specifically, the approach claims that a growing security challenge from China and North Korea, and US policy favoring Japan＇s foreign policy activism structure. Japan＇s domestic political condition that the majority of Japanese people become more conservative and nationalistic. Such shift in the Japanese people＇s preference has been both creating and reinforcing a perverse accountability by which the leaders or parties willing to adopt hard-line foreign policies are better off electorally while the leaders or parties remaining soft-line on foreign affairs are worse off. The perverse accountability not only leads to a severe partisan imbalance between the conservative parties and the leftist parties, but also gives the most conservative party, e.g., the Liberal Democratic Party （LDP）, a greater chance of coming to office and of pursuing assertive foreign policy they favor. Thus, the perverse accountability is at the center of current Japan＇s turn to foreign policy activism. This finding contributes to an enhanced understanding for Japan＇s shift to assertive foreign policy.展开更多
Mr Chairman, I would like to start by congratulating you, on behalf of the Chinese Govern- ment, on your assumption of the Chair of the inaugural session of the Human Rights Council. I have every confidence that unde...Mr Chairman, I would like to start by congratulating you, on behalf of the Chinese Govern- ment, on your assumption of the Chair of the inaugural session of the Human Rights Council. I have every confidence that under your able leadership this session will be successful.展开更多
This article deals with reciprocity requirement for recognition of foreign judgments in Japan. Following German law, Japanese law requires reciprocity to the rendering state in addition to the jurisdiction of the stat...This article deals with reciprocity requirement for recognition of foreign judgments in Japan. Following German law, Japanese law requires reciprocity to the rendering state in addition to the jurisdiction of the state, the service of process, and the compatibility with Japanese public policy. Although Japanese courts have rarely refused the recognition of foreign judgments for lack of reciprocity for a long time, some Chinese judgments recently have not been recognized for this reason. The author clarifies first with historical review what was the purpose of the Japanese legislator, when the original law of 1890 required the reciprocity by international treaties, and when later the reform law of 1926 required the simple reciprocity that is similarly provided in the current law. The author surveys then the Japanese case law concerning the reciprocity requirement after the reform of 1926. The author focuses further on the reciprocity between Japan and China and compares the Japanese practice with the German one that led to a different result. Last, it is concluded that the reciprocity requirement is contrary to the protection of human rights under Japanese constitution.展开更多
文摘The paper examines the root causes of Japan＇s rapid shift to foreign policy activism. To explain the causes, I develop the so-called ＂perverse political accountability＂ approach. Specifically, the approach claims that a growing security challenge from China and North Korea, and US policy favoring Japan＇s foreign policy activism structure. Japan＇s domestic political condition that the majority of Japanese people become more conservative and nationalistic. Such shift in the Japanese people＇s preference has been both creating and reinforcing a perverse accountability by which the leaders or parties willing to adopt hard-line foreign policies are better off electorally while the leaders or parties remaining soft-line on foreign affairs are worse off. The perverse accountability not only leads to a severe partisan imbalance between the conservative parties and the leftist parties, but also gives the most conservative party, e.g., the Liberal Democratic Party （LDP）, a greater chance of coming to office and of pursuing assertive foreign policy they favor. Thus, the perverse accountability is at the center of current Japan＇s turn to foreign policy activism. This finding contributes to an enhanced understanding for Japan＇s shift to assertive foreign policy.
文摘Mr Chairman, I would like to start by congratulating you, on behalf of the Chinese Govern- ment, on your assumption of the Chair of the inaugural session of the Human Rights Council. I have every confidence that under your able leadership this session will be successful.
文摘This article deals with reciprocity requirement for recognition of foreign judgments in Japan. Following German law, Japanese law requires reciprocity to the rendering state in addition to the jurisdiction of the state, the service of process, and the compatibility with Japanese public policy. Although Japanese courts have rarely refused the recognition of foreign judgments for lack of reciprocity for a long time, some Chinese judgments recently have not been recognized for this reason. The author clarifies first with historical review what was the purpose of the Japanese legislator, when the original law of 1890 required the reciprocity by international treaties, and when later the reform law of 1926 required the simple reciprocity that is similarly provided in the current law. The author surveys then the Japanese case law concerning the reciprocity requirement after the reform of 1926. The author focuses further on the reciprocity between Japan and China and compares the Japanese practice with the German one that led to a different result. Last, it is concluded that the reciprocity requirement is contrary to the protection of human rights under Japanese constitution.
