Public International Law
Court Cases of Public International Law
1 Supreme Court, Judgment, 21 July, 2006 - State Immunity from Civil Jurisdiction - Restrictive Immunity Theory - Explicit Modification of the Case Law - Sales Contracts |
 |
| 2 Tokyo High Court, Judgment, 12 April, 2006 - Article 1 A(2) of the Convention Relating to the Status of Refugees (1951) - Definition of the Term ‘Being Persecuted' - Discrimination against Women - Forced Marriage - Honor Killings |
|
| 3 Osaka High Court, Judgment, 27 October, 2005 - Nationality Requirement in the National Pension System - Non-self-executing Character of Article 2(2) of the International Covenant on Economic, Social, and Cultural Rights - Interpretation of Article 26 of the International Covenant on Civil and Political Rights in the Social Security Context |
|
| 4 Tokyo High Court, Judgment, 18 March, 2005 - Article 11 of the Treaty of Peace between Japan and the Republic of China - Article 14(b) of the Treaty of Peace with Japan - Joint Communique Between Japan and the People's Republic of China - “The Three Principles for the Restoration of Relations” Put forward by the Government of the People's Republic of China - Individual Claims of Chinese Nationals for Damages Suffered during the Second World War |
|
| 5 Hiroshima High Court, Judgment, 9 July, 2004 - Article 14(b) of the Treaty of Peace with Japan - Article 11 of the Treaty of Peace between Japan and the Republic of China - Paragraph 5 of the Joint Communique between Japan and the People's Republic of China - The Right to Claim Compensation for Damages of People Brought to Japan against Their Will and the Renunciation Clause of the Right to Make Such Claims in the Joint Communique |
|
| 6 Tokyo High Court, Judgment, 8 June, 2004 - Sovereign Immunity - Exemption from Taxation - Paragraph 1 of Article 183 of the Income Tax Law - Income Tax Law Basic Circular 121-5 - Liability for Withholding Income Tax on Wages Paid to Locally Hired Employees of Foreign Missions in Japan |
|
| 7 Osaka District Court, Judgment, 9 March, 2004 - Article 14(3)(b) of the International Covenant on Civil and Political Rights - Right to a Fair Trial - Right to Communicate with Counsel - General Comments of the Human Rights Committee - United Nations Resolutions on the Right to Communicate with Counsel - Articles 31(3) and 32 of the Vienna Convention on the Law of Treaties - Invocation of the General Comments in Domestic Courts |
|
| 8 Tokyo District Court, Judgment, 25 February, 2004 - Article 1 A(2) of the Convention Relating to the Status of Refugees (1951) - Definition of the Term ‘Refugee' - Eligibility of a Homosexual Person for Refugee Status |
|
| 9 Tokyo District Court, Decision, 29 September, 2003 - The Hague Convention on Land Warfare - Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare ( Geneva Protocol) - Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction - Article 1 of the State Redress Law - Liability for Compensation by the State for Abandonment of Poison Gases |
|
| 10Nagoya District Court, Decision, 25 September, 2003 - The Convention Relating to the Status of Refugees - Recognition of Refugee Status - Article 61-2(2) and Its Proviso of the Immigration Control and Refugee Recognition Act (Sixty-day Rule) - The Principle of Non-refoulement |
|
| 11 Tokyo High Court, Decision, 22 July, 2003 - Article 2(1) of the Agreement between Japan and the Republic of Korea (ROK) - Article 2(3) of the Agreement between Japan and the ROK - Article 1 of the Law Concerning the Measures for the Property of ROK, etc., in order to enforce Article 2 of the Agreement between Japan and the ROK - Renunciation of Claims by Treaty and Its Effectiveness |
|
| 12 Tokyo High Court, Decision, 18 February, 2003 - The Convention Relating to the Status of Refugees - Recognition of Refugees - Article 61-2 (2) (Sixty-day Rule) of the Immigration Control and Refugee Recognition Act and Its Saving Clause |
|
| 13 Sapporo District Court, Decision, 11 December, 2002 - The Effectiveness of International Human Rights Treaties between Individuals - Article 26 of the International Covenant on Civil and Political Rights - International Convention on the Elimination of All Forms of Racial Discrimination - Article 14 (1) of the Japanese Constitution ? Articles 1 and 90 of the Civil Code |
|
| 14 Supreme Court, Decision, 12 April, 2002 - State Jurisdictional Immunity - Restrictive Theory of Immunity - Article 18 (5) of the Japan-U.S. Agreement Regarding Facilities and Areas and the Status of Unite d States Armed Forces in Japan - Claims for Damages and an Injunction against the Nighttime Landing Practice of the U.S. Air Force in Japan |
|
| 15 Tokyo District Court, Decision, 1 Ma rch, 2002 - The Principle of Non-Refoulement - Article 33(1) of the Convention Relating to the Status of Refugees - Article 31(2) of the Convention Relating to the Status of Refugees - Refugees and Compulsory Deportation Procedures |
|
| 16Tokyo District Court, Decision, 17 January, 2002 - Convention Relating to the Status of Refugees - Recognition of Refugees - Article 61-2 (2) [Sixty-day Clause] of the Immigration Control and Refugee Recognition Act and Its Saving Clause |
|
| 17 Tokyo District Court, Decision, 5 November, 2001 - The Principle of Non-Refoulement - Article 33(1) of the Convention Relating to the Status of Refugees - Article 31(2) of the Convention Relating to the Status of Refugees - Refugees and Compulsory Deportation Procedures |
|
| 18 Tokyo High Court, Judgment, 11 October, 2001 - Article 3 of the Convention Respecting the Laws and Customs of War on Land - Right of an Individual to File a Suit - Article 14 (b) of the Peace Treaty of San Francisco - Claim of an Individual |
|
| 19Tokyo High Court, Judgment, 8 February, 2001 - Article 3 of the Hague Convention on Land Warfare (1907) - Rights of Individuals to File Claims for Compensatory Damages |
|
| 20 Tokyo High Court, Judgment, 6 December, 2000 - Article 3 of the Hague Convention on Land Warfare (1907) - Article 46 (1) of the Hague Regulations on Land Warfare - Crimes against Humanity |
|
| 21 Kobe District Court, Judgment, 27 November, 2000 - Treaty between the State of Japan and the State of Manchukuo Concerning Abolition of Extraterritoriality in Manchuria , and Transmission of Administrative Authority to Districts Belonging to the Southern-Manchurian Railroad - Termination of the Treaty as a Consequence of Lack of Existence of One of the Parties - Status of the State of Manchukuo in International Law |
|
| 22 Tokyo District Court, Judgment, 6 October, 2000 - The State ' s Jurisdictional Immunity - the Granting of the Right of Permanent Residence and the Jurisdictional Immunity |
|
| 23 Government Procurement Review Board, Report, 3 October, 2000 - Article VI (2) of the World Trade Organization (WTO) Agreement on Government Procurement - Measures on Japanese Public Sector Procurement of Telecommunications Products and Services III .6.1 |
|
| 24 Supreme Court, Decision, 30 November, 1999 - Articles 1 and 2 of the Law on the Territorial Sea and the Contiguous Zones - Law for Regulation of Fishing Operations by Foreign Nationals - Exercise of Adjudicatory jurisdiction over an Illegal Act Committed in an Area Newly Included in the Territorial Sea by Article 2 (1) of its Enforcement Order - Article 4 (1) of the Japanese-South Korean Fisheries Agreement (Showa 40, Treaty 26) |
|
| 25 Tokyo District Court, judgment, 12 November, 1999 - International Covenant on Civil and Political Rights, Article 23 (1) - Japanese Constitution, Article 24 • Immigration Control and Refugee Recognition Act, Article 50 |
|
| 26 Osaka High Court, Judgment, 15 October, 1999 - Article 14 of the Japanese Constitution - Article 2 (2) of the International Covenant on Economic, Social and Cultural Rights - Article 26 of the International Covenant on Civil and Political Rights |
|
| 27 Shizuoka District Court, Hamamatsu Branch, Judgment, 12 October, 1999 - Article 709 of the Civil Law - Articles 2 (1) (d) and 6 of the International Convention on the Elimination of All Forms of Racial Discrimination - Direct Applicability of the Convention to Private Relationships |
|
| 28 Tokyo District Court, Judgment, 17 June, 1999 - Article 3 of the Convention Respecting the Laws and Customs of War on Land - Article 31 of the Convention on the Law of Treaties - Claim for Compensation for Damages Resulting from Invalidation of Military Payment Certificate Issued by the Japanese Military |
|
| 29 Tokyo High Court, Judgment, 25 December, 1998 - Demand for the Cessation of Nighttime Takeoffs and Landings by United States Military Aircraft and for Compensation for the Suffering Caused by the Aircraft Noise - State Immunity - I mmunity Based on Article 18(5) of the Japan-U.S. Agreement under Article VI of the Japan-U.S. Treaty of Mutual Cooperation and Security |
|
| 30 Tokyo District Court, Judgment, 30 November,1998 - Article 3 of the Hague Convention on Land Warfare (1907) - Rights of Individuals to Make C laims for Compensatory Damages - Rights of Individuals in General under International Law - Direct Applicability of Treaties - Articles 31 and 32 of the Vienna Convention on the Law of Treaties - Methods of Treaty Interpretation - Preparatory Work - Subsequent Practices - International Customary Law |
|
| 31 Osaka High Court, Judgment, 25 September, 1998 - Article 2 (1) of the Nationality Law - Articles 2 (1), 24 (1), and 24 (3) of the International Covenant on Civil and Political Rights - Articles 2 and 7 of the Convention on the Rights of the Child - the Acquisition of Japanese Nationality by a Child Born to a Japanese Father and a Filipina Mother on the Grounds of the Retrospective Effect of Acknowledgment |
|
| 32 Hiroshima High Court, Matsue Branch, Judgment, 11 September, 1998 - Law for Regulation of Fishing Operations by Foreign Nationals - Japanese- Korean Fisheries Agreement - The UN Co nvention on the Law of the Sea - Adjudicatory Jurisdiction i n the Extended Territorial Sea - Fishery Zone - Straight Baseline - Relationship between Municipal and International Law |
|
| 33 Takamatsu High Court, Judgment, 25 November, 1997 - The Prison Law and Its Rules of Implementation - Rights of Convicts under the Japanese Constitution to Communicate with and Consult Counsel, Interpretation of the International Covenant on Civil and Political Rights - the Vienna Convention on the Law of Treaties - the European Convention on Human Rights - UN General Assembly Resolutions - Opinions of the Human Rights Committee |
|
| 34 Matsue District Court, Judgment, 15 August, 1997 - Law for Regulation for Fishing Operation by Foreign Nationals - Japanese- Korean Fisheries Agreement - the UN Convention on the Law of the Sea - Adjudicatory Jurisdiction i n the Extended Territorial Sea - Fishery Zone - Straight Baseline - Relationships between Municipal and International Law |
|
| 35 Tokyo High Court, Judgment, 24 April, 1997 - Articles 1, 2, and 69 of the Daily Life Security Law - Articles 14 and 25 of the Constitution of Japan - Applicability of the Daily Life Security Law to a Foreigner Illegally Remaining in Japan - The Universal Declaration of Human Rights - Articles 2 and 9 of the International Covenant on Economic, Social and Cultural Rights - Direct and Indirect Applicability of International Human Rights Instruments in Domestic Courts |
|
| 36 Sapporo District Court, Judgment, 27 March, 1997 - Article 20 (3) of the Land Expropriation Law - Article 27 of the International Covenant on Civil and Political Rights - Claims for Revocation of the Decision to Expropriate the Land Concerned for Construction of the Nibutani Dam - Recognition of the Ainu as an Indigenous People - Declaration of the Illegality of the Decision Because of Unjust Neglect of the Culture of the Ainu Minority |
|
| 37 Tokyo District Court, Hachioji Branch, Judgment, 14 March, 1997 - Demand for the Cessation of Nighttime Takeoffs and Landings by United States Military Aircrafts at Yokota Air Base, Japan, and for Compensation for the Suffering Caused by the Aircraft Noise - State Immunity |
|
| 38 Osaka High Court, Second Civil Division, Judgment, 28 October, 1994 - Alien Registration - Arrest upon Refusal to Be Fingerprinted - Necessity of Arrest for Fear of Fleeing or Concealment of Evidence - Forceful Taking of Fingerprint - Constitutionality of the Obligation for Fingerprinting in Alien Registration Act - Articles 7 and 26, International Covenant on Civil and Political Rights and the Japanese Fingerprinting System |
|
| 39 Tokyo District Court, Judgment, 15 July, 1994 - Request for Annulment of Dispositions Which Rejected Grants of Disability Pensions to Korean Residents Who Had Served as Members of the Japanese Army during World War II - Constitutionality of the Dispositions under Art icle 14(1) of the Constitution - Lawfulness of the Family Registration Clause of Paragraph 2 of the Supplementary Additional Rule Appended to the Law for the Assistance to Victims of War and Their Bereaved Families, Which Excludes Korean Residents in Japan from the Granting of Assistance under the Law |
|
| 40 Fukuoka High Court, judgment, 13 May, 1994 - Disposition of Refusal of Permission for Re-entry Because of a Refusal to Be Fingerprinted - Article 12(4) of the International Covenant on Civil and Political Rights - Article 22(2) of the Constitution |
|
| 41 Tokyo District Court, judgment, 1989 - Law - Law of War - Compensation for the Prisoners of War (or Surrendered Enemy Personnel) Detained in the USSR after World War 11 - Applicability of Articles 66 and 68 of the Third Geneva Convention of 1949 - Estab lishment of “the Rule of Compen sation by States on which Prisoners of War Depend ” as International Customary Law (Denied) |
|
| 42 Tokyo District Court, judgment, 22 March, 1988 - Foreign Trade - Illegal Export - COCOM Rules - Violation of Foreign Exchange and Foreign Trade Control Act |
|
| 43 Tokyo District Court, judgment, 29 January, 1988 - Violation of the Alien Registration Law by Refusal of Being Fingerprinted - Compulsion of Fingerprinting Provided in Alien Registration Law not Repugnant to Article 13 of the Constitution of Japan nor to Article 7 of the International Covenant for Civil and Political Rights - The Case of Resident Aliens, especially Korean Residents, in Japan - Amendment of the Alien Registration Law, 1987 |
|
| 44 Tokyo District Court, judgment, 30 September, 1987 - Territorial Sea - Article 23 of the Convention on Territorial Seas and Contiguous Zones - Claim for Prohibiting Nuclear-armed Submarines from Entering Port - Requiring Evacuation of Nuclear Submarines of the U.S. Navy fro m the Territorial Seas of Japan - Legal Character of the Three Antinuclear Principles |
|
| 45 Tokyo District Court (Hachioji Branch), judgment, 18 June, 1987 - The Treaty of Mutual Cooperation and Security between Japan and the United States of America - The Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan an d the United States of America - An Illegal Act of a Member of the United States Armed Forces and the Scope of Obligation of the State of Japan to Redress Prescribed in the Law for Special Measures Concerning Civil Cases to Implement Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America, Regarding Facilities and Areas and the Status of the Unite d States Armed Forces in Japan - Automobile-driving and Interpretational Scope of the Term “ Official Duties ” |
|
| 46 Yokohama District Court, Judgment, 4 March, 1987 - Crashing of a U.S. Spotter Plane - Complaint by Injured Residents against the Two U.S. Pilots and the State ( Japan ) - Reparations for Injuries and Damages Done - Complaint against the State Accepted Based on Art icle 2 of the Special Civil Law Act |
|
| 47 Osaka High Court, judgment, 26 February, 1987 - Recognition of Government - Capacity of Taiwan to become a Party in a Foreign Litigation - Succession of Government - Incomplete or Partial Succession The Ownership of Chinese Property Abroad after Japan-China Normalization |
|
| 48 Tokyo High Court, judgment, 26 August, 1985 - Aliens - War Com pensation - Unconstitutionality of Granting No Compensation to Taiwanese Who Were Formerly Japanese Soldiers - Unconstitutionality of the Neglect of the Legislation |
|
| 49 Tokyo District Court, Decision, 25 March, 1985 - Aliens - Duty of Registration - Re-entry - Application for the Suspension in Effect of an Administrative Order Annulling Permission of Multiple Re-entry into Japan - Refusal to Be Fingerprinted on the Occasion of a New Application for Alien Registration - Restriction of a Foreign Correspondent ' s News Reporting Activity Falls within the “ Irretrievable Loss ” under Art. 25, Para . 2 of the Code of Administrative Procedure - “ Urgent Necessity ” to Avoid Such a Loss |
|
| 50 Yokohama District Court, judgement, 14 June, 1984 - Aliens - Duty of Registration - Refusal to Be Fingerprinted in Violation of Article 14(1) of the Alien Registration Law - Is the Compuls ory Fingerprinting System Repug nant to Articles 14 and 13 of the Constitution of Japan and to Articles 2(1), 7 and 26 of the International Covenant on Civil and Political Rights? - Its Consistency with the Aforesaid Articles Affirmed and the Accused Pound Guilty - Appeal against This Decision Lodged but Later Withdrawn |
|