Beyond "Activism-Lite"?: Issues in Japanese Participation in Peace Operations

2009 ◽  
Vol 13 (1-2) ◽  
pp. 72-100 ◽  
Author(s):  
Chiyuki Aoi

AbstractThis article discusses legal, political, and institutional issues arising out of Japan's past involvement in international peace and stability missions. Seeking to identify potential strengths and limitations, it focuses on the experience and features of the international missions of the Japan Self-Defense Forces. Although the JSDF has proved successful in conducting its assignments on a tactical level, some of the limitations inherent in the JSDF modus operandi—to a large extent imposed by domestic legal system—are nonetheless serious in light of changing operational environments. These limitations are due to lack of consensus in the Japanese political debate on what constitutes the strategic priorities of Japanese security, as well as the indeterminate public attitudes towards these issues. It should be noted, however, that the resulting "activism lite" approach is increasingly untenable if Japan is to remain a credible ally and partner in the international community.

2016 ◽  
Vol 20 (1-2) ◽  
pp. 21-36 ◽  
Author(s):  
Tetsuya Toyoda

In September 2015, the Japanese Diet enacted a series of laws – the Peace and Security Legislation – to enable the Japan Self-Defense Force to play an enhanced role in peace deployments overseas. The enactment of the new laws was made possible by a “new” interpretation of Article 9 of the Japanese Constitution. While the main objective of the introduction of the laws was aimed at strengthening the alliance with the United States, jsdf participation in peace operations was also an important consideration politically. This article suggests that the Japanese government will now need to convince the public that the new Peace and Security Legislation is compatible with Japan’s constitutionally mandated pacifism. In light of the prospect of an expanded participation of Japan in international peace operations this will be particularly important.


2021 ◽  
Vol 8 (3) ◽  
pp. 205316802110328
Author(s):  
Naomi Egel ◽  
R. Lincoln Hines

What are Chinese public attitudes regarding nuclear weapons? Although scholars have studied Chinese elites’ views on nuclear weapons, surprisingly little is known about the views of China’s public. To understand Chinese public views on nuclear weapons, we conduct an online survey ( N = 1066) of Chinese respondents. This is, to our knowledge, the first survey of Chinese public attitudes towards nuclear weapons. We find that although Chinese citizens view the possession of nuclear weapons as important for their country’s security, they strongly oppose the use of nuclear weapons under any circumstances. We also provide respondents an opportunity to describe their views on nuclear weapons in their own words. Using computer-assisted text analysis, we assess patterns in these open-ended responses and compare across age groups. We find that younger respondents emphasize non-material factors such as having a greater voice internationally, whereas older respondents emphasize self-defense. Overall, this analysis sheds light on the public attitudes that may shape China’s evolving approach to nuclear weapons.


Author(s):  
Nan Gong ◽  
I. I. Fedorov

The formation of the Russian procedural legal system is closely connected with its unique historical evolution. Russian Russian culture According to the Norman theory of the origin of the Russian nation, the Scandinavian culture is the most important source of early Russian culture. During the chaotic period of the tribe at the stage of primitive society, the Norman Varian was invited to Russia to reconcile the tribes of Russia and manage them, and this brought the Germanic custom to regulate the socio-economic and legal relations of various tribes. Since the formation of the ancient state of Russia, the ruling class has constantly strengthened the drafting of new laws and regulations, but customary law still dominates the legal system of the state. At the same time, ordinary norms in the system of customary law as a quasi-legal norm between morality and law have become an integral organic component of social customs and norms at all stages of Russian social development.During the period of Ancient Russia, the common custom of the Slavic people and the Norman Customary Law had a profound impact on the social life of ancient Russia. From the beginning of the 9th to the 17th century, customary law existed as the main legal source for regulating social relations in the late period of the development of Russian primitive society and in the earlier time of feudal society. His coercive force was based on the conviction that was widespread in the social community during this period, that is, "existing customs denote a reasonable basis". With the formation of the East Slavic state, the rulers began to work on drafting new legal norms, but inheritance is still mainly based on customs based on the clan system. As a result, as a rule of conduct recognized and guaranteed by the state, traditional customs gradually acquired a legal nature, and after that, positive law was formed. "Russkaya Pravda" is the most representative legal collection in the early years of the Russian feudal society, "The Truth of Ross", which was compiled according to the customs of the Eastern Slavs, and is the very fi rst positive law of ancient Russia.Before the appearance of formal law, customary law always played a role and coercive force as legislation, but the self-defense and insane methods of revenge obtained from it also caused social unrest. In order to stop personal self-defense and self-arbitrariness, as well as to strengthen ties between different regions, it is necessary to use the power of common law to unite the Principality into a whole. Although the new law does not exclude the original good customary norms, if there are no necessary penalties for violations, it will be destructive for the law. Therefore, it is necessary to give customary law a legal meaning and a compelling force, without changing the existing content of customary law.I must say that the German customs and the traditional customs of the Slavic people are intertwined in the historical codifi cation of Russian procedural law, forming a unique historical path of development of the procedural legal system of ancient Russia. Although national customs were recognized by the state in the form of positive law with the help of " Russian Truth”, and became the norm of justice and social norm on the basis of the guarantee of national coercive force, but this did not change the essence of customary law, but the form of positive law was given to it. As the modernization of the Russian judicial system moves into modern times, generations of legislators and lawyers are focusing on the study of national legal traditions and history, trying to discover the natural laws governing the development of the Russian legal system, and are constantly trying to make progress in the modern and modern process of judicial reform. The harmony of legislation, the borrowing of laws and national customs to a certain extent ensured a reasonable adjustment of national laws and norms of customary law.


2020 ◽  
Vol 17 (1) ◽  
pp. 7-28
Author(s):  
Krisztián Manzinger

Abstract The Macedonian name dispute, a political debate between Greece and the current Republic of North Macedonia, arose after the break-up of the multi-ethnic Yugoslavia. The issue was overpoliticized for the societies of both countries. The international community followed the dispute, yet it did not exercise any pressure on Greece to cede in a debate seen by many as the stronger bullying the weaker. A breakthrough became achievable when political forces interested in the resolution came into power in both countries in the mid-2010s. The Prespa Agreement, signed in 2018, offered a mutually acceptable resolution and opened the way for North Macedonia to enter the NATO and to the opening of accession talks with the EU in March 2020.


2020 ◽  
pp. 134-163
Author(s):  
Jasmine-Kim Westendorf

This concluding chapter discusses how intervener cultures interact with the broad range of factors that challenge and undermine the effectiveness of peace operations, including by giving rise to the perpetration of sexual misconduct against local communities. In light of this, it details the key insights this book has revealed about the nature and impacts of sexual misconduct by interveners in peace operations and suggests how the international community might better address this issue and its complex, interlinked implications in the future. The chapter also reflects on the major shortcomings of policy on sexual exploitation and abuse to date, including the individualization of sexual exploitation and abuse, which relegates responses primarily to conduct and discipline policies rather than addressing the broader and systemic issues at play. It then considers the extent to which recent policy shifts might avoid replicating past mistakes in terms of sexual exploitation and abuse policy. Ultimately, recognizing the mutually reinforcing ways in which sexual exploitation and abuse by interveners undermines peacekeeping and peacebuilding outcomes and developing an effective and robust response to such misconduct and other interlinked peacekeeping challenges based on that understanding is crucial to the pursuit of global peace, order, and justice.


2020 ◽  
pp. 103-133
Author(s):  
Jasmine-Kim Westendorf

This chapter focuses on the macro- and institutional-level impacts of sexual exploitation and abuse. It shows that sexual misconduct in individual missions has far-reaching impacts that reduce international capacities to engage effectively in peace operations and diminish the perceived legitimacy of the international community engaged in peacekeeping and peacebuilding, thereby undermining the international community's capacity to pursue the broader aspirational goals that animate peacekeeping. Sexual misconduct also seeds conflict between different organizational or peacekeeping units as a result of perceived misbehaviors and undermines the morale of peacekeepers and humanitarians. This can result in reduced financial and other support for peace operations and related work and provide fodder for anti-intervention campaigners. Tracking the international responses to the 2015 peacekeeper sexual abuse scandal in the Central African Republic and the 2018 Oxfam sexual exploitation scandal in Haiti, the chapter also explores the global political implications of such scandals.


Author(s):  
Justin A. Joyce

This chapter outlines shifts in the American legal system related to justifiable gun violence. A crucial juridical shift, the transition wrought by American self-defense doctrine from the English requirement to "retreat to the wall" to the American freedom to “stand one's ground” and repel force with force is covered here.


Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams

International law is a description of an entire legal system: the international legal system. It is an international legal system by which legal rules are created in order to structure and organise societies and relationships. It acknowledges the influence of political, economic, social and cultural processes upon the development of legal rules. This chapter discusses the relevance of international law; the international community and international law; theories of international law; and the practice of international law.


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