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Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable Dec 2008

Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable

University of the District of Columbia Law Review

Japan is undoubtedly one of the foremost economic powers in the world and is internationally recognized as a democratic leader among modern nations. The economy's rapid growth in the mid-twentieth century has been attributed to its booming technical industries, including its electronic and automobile industries. However, Japan is unique in that it has retained traditions associated with typically less advanced nations-namely, a regressive human rights agenda. Although cultural, ethnic, and social minorities continue to exist on Japanese soil today, Japan's social policy of Nihonjinron allows the majority of the population to disregard such minorities and perpetuate the government's vision of …


Binding The Dogs Of War: Japan And The Constitutionalizing Of Jus Ad Bellum, Craig Martin Nov 2008

Binding The Dogs Of War: Japan And The Constitutionalizing Of Jus Ad Bellum, Craig Martin

Craig Martin

There is still very little constitutional control over the decision to use armed force, and very limited domestic implementation of the international principles of jus ad bellum, notwithstanding the increasing overlap between international and domestic legal systems and the spread of constitutional democracy. The relationship between constitutional and international law constraints on the use of armed force has a long history. Aspects of constitutional theory, liberal theories of international law, and transnational process theory of international law compliance, suggest that constitutional design could legitimately be used as a pre-commitment device to lock-in jus ad bellum principles, and thereby enhance compliance …


China And The Law Of The Sea: An Update, Guifang Xue Aug 2008

China And The Law Of The Sea: An Update, Guifang Xue

International Law Studies

No abstract provided.


The Proliferation Of Global Reits And The Cross-Borderization Of The Asian Market, Julius L. Sokol May 2008

The Proliferation Of Global Reits And The Cross-Borderization Of The Asian Market, Julius L. Sokol

San Diego International Law Journal

After a brief discussion on the history of REITs, this Article goes on to analyze their importance and role within the global and Asian economy. Next, the underlying motivations for legal amendments to the REIT structures are discussed, as well as the socio-economic benefits associated with coordinating liberal REIT legislation throughout Asia. Subsequently, this article analyzes the various regulatory aspects of the regimes in Japan, Singapore, Hong Kong, South Korea, Thailand and Malaysia. In exploring their shortcomings, comparisons are made to the highly successful United States REIT structure. Given the history of our nation's regime, it goes without saying that …


Rethinking Contract Practice And Law In Japan, John O. Haley Jan 2008

Rethinking Contract Practice And Law In Japan, John O. Haley

Vanderbilt Law School Faculty Publications

This article explores "the Japanese advantage" in the enforcement of ex ante contract commitments in comparison with the United States, arguing that ostensible convergence of Japanese and United States contract practice in on-going business relationships is based on very different assumptions and conditions. Writing in the early 1960s Takeyoshi KaWashima in Japan and Stewart Macaulay in the United States described prevailing views and practices related to business agreements. Their respective observations indicated a tendency in both countries to avoid formal, legally enforceable contacts. For over four decades scholars on both sides of the Pacific have tended view these observations as …


The "Tomimaru" (Japan V. Russian Federation). Judgment. Itlos Case No. 15. At . International Tribunal For The Law Of The Sea, August 6, 2007., Bernard H. Oxman Jan 2008

The "Tomimaru" (Japan V. Russian Federation). Judgment. Itlos Case No. 15. At . International Tribunal For The Law Of The Sea, August 6, 2007., Bernard H. Oxman

Articles

No abstract provided.