【日本国際法協会年報 2016年度版】
Japanese Yearbook of International Law<59>
目次
【Volume 59 (2016) Table of Contents】 Articles HALF A CENTURY WITH THE INTERNATIONAL COVENANTS ON HUMAN RIGHTS: LONG-TERM IMPACTS ON THE WORLD: PART ONE Kaoru Obata Overview of A Half-Century of International Covenants on Human Rights; Inter-State Cooperation as the Original Infrastructure and Autonomous Institutionalization Andrew Byrnes Whose International Law Is It? Some Reflections on the Contributions of Non-State Actors to the Development and Implementation of International Human Rights Law SHIN Hae-Bong Toward a Holistic Understanding and Implementation of Human Rights: Development of Norms and Practice under the International Covenant on Economic, Social and Cultural Rights Antoine Buyse Echoes of Strasbourg in Geneva — The Influence of ECHR Anti-Torture Jurisprudence on the United Nations Human Rights Committee — Yasuzo Kitamura The Influence of the International Covenant on Civil and Political Rights on Prisoners’ Rights and Criminal Justice in Contemporary Japan TERAYA Koji The Impact of the International Covenants on Human Rights on the Rights of Foreigners in Japan UNILATERALISM AND MULTILATERALISM IN REGULATING CROSS-BORDER BUSINESS TRANSACTIONS: PART ONE Ralf Michaels Towards a Private International Law for Regulatory Conflicts? Tadashi Shiraishi Customer Location and the International Reach of National Competition Laws Keigo Fuchi Unilateralism, Bilateralism, and Multilateralism in International Taxation NOTE Takashi Kubota Financial Stability Concern of the Extraterritorial Impacts Caused by the Recent US Financial Sanctions on Foreign Banks PARTY AUTONOMY IN CONTEMPORARY PRIVATE INTERNATIONAL LAW: PART TWO Stéphanie Francq Party Autonomy and Regulation — Public Interests in Private International Law — Yuko Nishitani Party Autonomy in Contemporary Private International Law — The Hague Principles on Choice of Law and East Asia — ICJ JUDGMENT ON WHALING IN THE ANTARCTIC: ITS SIGNIFICANCE AND IMPLICATIONS: PART TWO Shotaro Hamamoto Paradoxical Role of Experts in the Whaling in the Antarctic Case JAPANESE DIGEST OF INTERNATIONAL LAW Tomohiro Mikanagi and Hirohito Ogi The Japanese Views on Legal Issues Related to Security Masahiko Asada The Destruction of Japanese Abandoned Chemical Weapons in China under the Chemical Weapons Convention CASES AND ISSUES IN JAPANESE PRIVATE INTERNATIONAL LAW Béligh Elbalti The Jurisdiction of Foreign Courts and the Recognition of Foreign Judgments Ordering Injunction: The Supreme Court Judgment of April 24, 2014 BOOK REVIEWS Nicchuu Sengobaishou to Kokusai Hou [Post-War Reparations between Japan and China under International Law], by Masahiko Asada. Tokyo: Toshindo, 2015. Kohki Abe Kokusai Saiban to Gendai Kokusaiho no Tenkai [International Adjudication and Development of Contemporary International Law], edited by Masahiko Asada, Nobuyuki Kato and Hironobu Sakai. Tokyo: Sanseido, 2014. Junichi Eto and Junko Iwaishi Kokusaihougaku no Shosou: Toutatsuten to Tenbou [Aspects of International Law Studies: Achievements and Prospects (Commemorative Book in Honor of Professor Shinya Murase)], edited by Junichi Eto. Tokyo: Shinzansha, 2015. Takuhei Yamada, Tomohiko Kobayashi, and Dai Tamada Saiken/Dousan wo Katsuyoushita Kinyuutorihiki to Kokusaishihou [Financial Transactions with Assignment/Collateralization of Finance Receivables/ Movables and Conflict of Laws], by Naoe Fujisawa. Tokyo: Doubunsha, 2014. Takuya Shima Kokusai Shiho Ronshu: Kokusai Shiho no Shinzui wo Motomete [Essay on Private International Law: In Search of the Essence of Private International Law], by Hiroshi Morita. Tokyo: Shinzansha, 2014. Dai Murakami Kokusaiho Gakusha ga Yomu Senkaku Mondai — Funso Kaiketsu eno Tenbo wo Hiraku [The Senkaku Issue Analyzed by a Specialist in International Law: Carving out New Horizons for the Settlement of the Dispute], by Yoshiro Matsui. Tokyo: Nihon Hyoronsha, 2014. Masaharu Yanagihara Intellectual Property and Private International Law: Comparative Perspectives (Studies in Private International Law), edited by Toshiyuki Kono. Oxford: Hart Publishing, 2012. Atsuko Yamaguchi Yoroppa Chiiki Jinken-ho no Kenpo Chitsujyo-ka [The Constitutionalization of European Human Rights Law: A Critical Study in a Process of International Law], by Kaoru Obata. Tokyo: Shinzansha, 2014. Takao Suami International Liability Regime for Biodiversity Damage: The Nagoya-Kuala Lumpur Supplementary Protocol, edited by Akiho Shibata. Routledge, 2014. Akiko Toi Resistance and Change in the International Law on Foreign Investment, by M. Sornarajah. Cambridge: Cambridge University Press, 2015. Yucong Wang Kokusaiho niokeru Kinkyuhinan [Necessity in International Law], by Takuhei Yamada. Tokyo: Yuhikaku, 2014. Tomofumi Kitamura JUDICIAL DECISIONS IN JAPAN I. Public International Law Sapporo District Court, Judgment, September 19, 2013 Construction of the New Road — Environmental Impact Assessment — Convention on the Biological Diversity — Interpretative Guidelines Tokyo District Court, Judgment, February 25, 2015 Compensation for War Injuries — Individuals’ Right to Seek Compensation under the 1907 Convention Respecting the Laws and Customs of War on Land — Individuals’ Right to Seek Compensation under Customary International Law Tokyo District Court, Judgment, June 16, 2015 Conditions to Grant Special Permission to Stay in Japan — Necessity for Medical Treatment — Article 12(1)(2) of ICESCR — Separation from Parents — Articles 3(1) and 9(1) of CRC Tokyo District Court, Judgment, August 28, 2015 Obligation of Minister of Justice to Provide for Refugee Recognition — Violation of the Immigration Control and Refugee Recognition Act — Article 1A(2) and Article 1F(b) of the Convention relating to the Status of Refugees II. Private Interantional Law Tokyo High Court, Judgment, May 20, 2015 Enforcement of Foreign Judgments in Japan — Contravention of Public Policy — International Adjudicatory Jurisdiction — Payment of Child Support Tokyo District Court, Judgment, March 26, 2014 Exclusive Choice of Court Agreement — Interpretation of a Choice of Court Clause in a Contract Tokyo District Court, Interlocutory Judgment, January 28, 2015 Exclusive Jurisdiction Clause — Arbitrability of Disputes Regarding Statutory Interpretation Osaka District Court, Decision, March 17, 2016 Arbitration — Japanese Arbitration Act — Setting Aside of an Arbitral Award CHRONOLOGY OF JAPANESE FOREIGN AFFAIRS IN 2015 CHRONOLOGICAL LIST OF TREATIES AND OTHER INTERNATIONAL AGREEMENTS CONCLUDED BY JAPAN IN 2015 DOCUMENTS * Selected Treaties and Documents Concluded and Signed by Japan is available on-line (click here). The New Declaration of Japan Recognizing the Compulsory Jurisdiction of the International Court of Justice in Conformity with Article 36, Paragraph 2 of the Statute of the International Court of Justice Announcement by Foreign Ministers of Japan and the Republic of Korea Regarding the Issue of “Comfort Women” ACTIVITIES I. Activities of the International Law Association of Japan II. Activities of Related Academic Associations in Japan INSTRUCTIONS FOR SUBMISSIONS TO THE JAPANESE YEARBOOK OF INTERNATIONAL LAW TABLE OF CASES TABLE OF TREATIES AND OTHER INSTRUMENTS