2007/08/06 10:45 Hiroshi Inomata, "Japan’s 'Value oriented diplomacy' and the Rule of Law", ISSS Tokyo 2007

2007/08/06 10:45 Hiroshi Inomata,  "Japan’s 'Value oriented diplomacy' and the Rule of Law", ISSS Tokyo 2007

This digest was created in real-time during the meeting, based on the speaker's presentation(s) and comments from the audience. The content should not be viewed as an official transcript of the meeting, but only as an interpretation by a single individual. Lapses, grammatical errors, and typing mistakes may not have been corrected. Questions about content should be directed to the originator. The digest has been made available for purposes of scholarship, posted on the ISSS web site by David Ing.

Jim Kijima

Originally scheduled to present:  Ichiro Komatsu, Director-General, International Legal Affairs, Bureau, Ministry of Foreign Affairs, Tokyo, Japan

  • Could not personally deliver this speech
  • Litigation against Russian federation on arrest of Japanese fishing vessels
  • Law of the sea
  • Flew to Hamburg for ITLOS reading of decision

Deputy: Hiroshi Inomata to deliver on his behalf

[Hiroshi Inomata]

Hiroshi Inomata

Absence is historic:  first litigation inititated by Japanese

Systems sciences and international law

  • Diplomacy acts on destabilizing forces
  • Role of  international system operator
  • Manual needed, international law acts as this manual
  • Will of sovereign states
  • As number of interactions increase, clashes increase, requires more resources to resolve, so pre-establishing laws helps

Japan and international law:

  • Value oriented diplomacy and the rule of law
  • History of Japan and international law

Since WWII, 3 pillars

  • Relationship with U.S.
  • U.N.
  • Relationship with local Asian countries

Common philosophy:  to allow Japan to restate itself in international society

  • Now 60 years, in Oriental culture is one cycle
  • Leaving behind the postware regime, fourth pillar:  value oriented diplomacy, introduced in Japan this year

Continued peace and prosperity, enhancement of rule of law, democracy

  • Doesn't mean that Japan has been inactive up to now
  • Have been active in disarmament, environment

Rule of law:  in Japan, since year 604

  • In year 701, rule of law in full scale, Nippon set as the name of the country
  • Thus, Japan has a history as a country back 1300 years

Mid 19th century:  Japan opened up country, abandoning isolation

  • Maintained stable Edo government, but foreign relations meant beginning of international law
  • 1854 convention of Kanagawa opened the country
  • Equal treaties with west:  beginning of modern diplomacy

Potsdam declaration 1945, terminating the state of war

  • Japan had been in a state of war with 50 countries
  • San Francisco Peace treaty:  
    • Some not signatories
    • Soviet Union attended by didn't sign; 
    • China and Taiwan did not attend; 
    • Korea wasn't part of the treaty, it became a separate country

Most favoured nation status, to give equivalent negotiation with San Francisco Peace treaty

Legal consistency is the base for Japan's peace and prosperity

Japan and the international judicial system

International trials:

  • Best way to resolve conflict is through diplomacy
  • Globalization makes it difficult, due to diversity
  • Involve an impartial third party

International Court of Justice

  • Case of Maria Luce, 1872:  Peru slavery contracts, inconsistent with Japanese, Peru claimed international law
    • Russia as third party, Japan won in 1875, end of racial discrimination
  • Japan house tax: had to give licenses for foreign concessions, but then end this
    • Japanese tried to tax houses, not leased lands, objected by French and British
    • Japan lost this case, hurt willingness to be subject to international litigation

Japan involved in intenational court, with League of Nations

  • Japanese led court 1931-1933

Japan has never been in court until now

  • Had started fishing case against Australia, but resolved before going to court

Use of nuclear weapons:  court can't issue statement, when survival of a country is an issue

Commercial issues have been taken to WTO

  • Japan has originally preferred not to go to WTO, but does participate now
  • Ratio:  when Japan is a defendant, ratio in favour is 10%, when Japan is claimant, ratio in favour is 90%
  • Staying defensive is a losing way

Intenational criminal court, started 2002

  • Japan will join this year

Japan's support for improving legal systems in developing countries

  • Cambodia
  • Indonesia
  • Japan moving towards an Kantian world, just as Europe has had