International Law as Memorial Sites: The “Comfort Women” Lawsuits Revisited

2013 ◽  
Vol 1 (2) ◽  
pp. 166-187
Author(s):  
Kohki Abe
Keyword(s):  
International Law ◽  
San Francisco ◽  
Peace Treaty ◽  
Comfort Women ◽  
The Supreme Court ◽  
Japanese Military ◽  
History Of ◽  
The Government ◽  
Memorial Sites

Abstract This article revisits the legal and philosophical frontiers passionately explored in the “comfort women” lawsuits in Japan. The epoch-making judicial battle challenging the legality and legitimacy of Japanese military sexual slavery has created an innovative space for combining justice and history. Of enormous practical import are a series of lower court judgments that determined the wrongfulness of Japan’s shameful involvement in the heinous abusive practices during the wartime period. Invoking the nebulous concept of the “Framework” of the San Francisco Peace Treaty of 1951, the Supreme Court rendered a decision in 2007 to procedurally shut the door to the war reparation claims. The decision, however, may not be sustained from the perspective of contemporary international law that is increasingly infused with the quality of trans-temporal justice. The author argues that the Government of Japan should discharge its responsibility by faithfully adopting measures required under international law, an act powerfully called for in the “Age of Apology” and within a new global paradigm against violence against women.

Far Eastern Commission

1951 ◽  
Vol 5 (4) ◽  
pp. 834-836
Keyword(s):  
United States ◽  
San Francisco ◽  
The United States ◽  
Peace Treaty ◽  
Japanese People ◽  
Final Draft ◽  
Japanese Military ◽  
Host Government ◽  
The Government ◽  
Far Eastern

Japanese Peace Treaty: In response to invitations sent by the United States, as the host government, delegates from 51 nations met at San Francisco from September 4 to 8, 1951 for the purpose of concluding and signing a peace treaty with Japan. Copies of a final draft treaty had been circulated to all members on August 13, as well as two draft declarations by the government of Japan and a draft protocol which was to be open to signature at any time. Further revisions, which had been incorporated in this final draft after comments had been received from participating countries on the July 3 and July 20 drafts, included insertions and substitutions dealing with the Allied Powers recognition of the full sovereignty of the Japanese people over Japan and its territorial waters; the disposition of property of Japan and Japanese nationals; the return of Japanese military forces to their homes; the payment of reparations; and acts and omissions of the period of occupation. Among the delegates at the conference, press reports stated, were representatives from the Indo-Chinese states, Laos, Cambodia and Vietnam, which had made official requests to participate in the conference — requests which had been strongly supported by France.

Fatal Optimism

2017 ◽  
Author(s):  
Danny Orbach
Keyword(s):  
Meiji Japan ◽  
Meiji Restoration ◽  
Japanese Military ◽  
History Of ◽  
The Government

This chapter focuses on one episode in the history of Japanese military insubordination: the emergence of rebels and assassins in Meiji Japan. In October 1876, almost nine years after the Meiji Restoration, there were signs that people were unhappy and imminent rebellion seemed evident. As the Meiji reforms endangered and at times even destroyed the livelihood of many, they often encountered resistance from peasants, shizoku, and former shishi. The chapter examines early Meiji rebellions and conspiracies led by figures such as Takechi Kumakichi and Saigō Takamori in order to understand the patterns of escape to the front, reliance on the hazy center, and the optimism that gave rise to active rebellions. It also considers the failure of Shizoku rebellions and why this enabled the government to enjoy more than half of a century without further military uprisings.

Post-trial

2017 ◽  
Author(s):  
Dean Aszkielowicz
Keyword(s):  
San Francisco ◽  
War Crimes ◽  
International Community ◽  
Japanese Government ◽  
Peace Treaty ◽  
Australian Government ◽  
War Criminals ◽  
The Government ◽  
Post Trial

Australia’s trials ended in April 1951, and just a few months later in September, the San Francisco Peace Treaty signalled that the Occupation would end the following year and Japan would return to the international community. A nationwide petition movement in Japan began calling for the repatriation of war criminals who had been convicted by Allied courts and resided in overseas prisons, such as some of those convicted by Australia who were now imprisoned on Manus Island. Meanwhile, other war criminals who were convicted by Australian courts resided in Sugamo Prison in Tokyo, and the Japanese government was bound by Article 11 of the peace treaty to keep them in prison until the convicting country allowed their release. Article 11 was not enough to reassure the Australian government that the Japanese would respect the decisions handed down in its war crimes courts, however, and this made the government anxious over repatriating the war criminals on Manus. In Japan, the petition movement began to pressure the Japanese government and the Australian embassy for the return of these prisoners.

International Arbitral Tribunal: Award on the Merits in Dispute Between Texaco Overseas Petroleum Company/California Asiatic Oil Company and the Government of the Libyan Arab Republic (Compensation For Nationalized Property)

1978 ◽  
Vol 17 (1) ◽  
pp. 1-37 ◽  
Keyword(s):  
International Law ◽  
Arbitral Tribunal ◽  
Oil Companies ◽  
Legal Effect ◽  
History Of ◽  
The Government ◽  
Contractual Obligations ◽  
Petroleum Company ◽  
First Time ◽  
Oil Company

The following arbitral award was rendered by a sole arbitrator in connection with disputes reen the Libyan Arab Republic ("Libya") and two international oil companies arising out of rees of nationalization promulgated by Libya. This award is being reproduced herewith in entirety . The award not only considers many fundamental principles and doctrines of international law but is also unique in two major respects . For the first time in the history of international arbitration relating to economic development contracts , an arbitral tribunal held ; the injured parties were entitled to restitutio in integrum and that the sovereign s t a te obliged to perform specifically its contractual obligations with private foreign investors, iddition, the arbitral tribunal , after reviewing the legal effect in international law of the :ed Nations General Assembly resolutions concerning permanent sovereignty over natural wealth resources, concluded that such resolutions could not be used by the state to violate its :ractual obligations in commercial transactions . The remaining portion of this Introductory : will briefly describe the steps leading to arbitration , the arbitral proceedings and the ilution of the disputes.

Settlement of the Claims of Individuals by Their Countries

2015 ◽  
Vol 3 (1) ◽  
pp. 3-19
Author(s):  
Ronald J. Bettauer
Keyword(s):  
The United States ◽  
Legal Framework ◽  
Executive Branch ◽  
International Agreements ◽  
Peace Treaty ◽  
Foreign Countries ◽  
Foreign Government ◽  
The Supreme Court ◽  
History Of ◽  
Japanese Companies

A nation can settle the claims of its citizens against a foreign government. The injury must have been an internationally wrongful act by another State and the injured citizen must have been a national of the espousing state. Generally, a claim may not be espoused unless the “local remedies” rule is satisfied. The United States has a long history of settling individual claims against foreign countries by international agreements. The Supreme Court has upheld this practice. The Peace Treaty with Japan contains a mutual waiver of claims. Yet Americans who had been forced to work as slave laborers for Japanese companies filed lawsuits. The u.s. executive branch and courts held that their claims had been settled. Certain Holocaust claims were resolved under a new format. Thus, creative approaches to resolving claims are available outside the normal legal framework.

scholarly journals HISTORI PEMBERLAKUAN PERADILAN AGAMA ERA KERAJAAN ISLAM DAN PENJAJAHAN DI INDONESIA

Al-Qadha ◽  
2019 ◽  
Vol 6 (1) ◽  
pp. 19-29
Author(s):  
Faisal
Keyword(s):  
First Century ◽  
The Past ◽  
The Supreme Court ◽  
Islamic Religion ◽  
History Of ◽  
Japanese Colonial ◽  
The Republic ◽  
The Government ◽  
First Time ◽  
Religious Courts

The journey of the Religious Courts that has been passed in such a long period oftime means that we are talking about the past, namely the history of the Religious Courts.With the entry of Islam into Indonesia, which for the first time in the first century Hijri (1 H /7 AD) brought directly from Arabia by merchants from Mecca and Medina, the communitybegan to implement the teachings and rules of Islamic religion in everyday life. The ReligiousCourt is one of the Special Courts under the authority of the Supreme Court as the highestcourt in the Republic of Indonesia. As an Islamic Judiciary that had been established longbefore Indonesia's independence, the Religious Courts certainly could not be separated fromthe changes that occurred considering the reign of the Government of Indonesia had been heldby various people with different backgrounds, politics and goals, surely it would have animpact on the existence Religious Courts both materially and immaterially, including duringthe Dutch and Japanese colonial rule in Indonesia.

scholarly journals The Competence of the Administrative Court and Administrative Justice

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 97
Author(s):  
Aju - Putrijanti
Keyword(s):  
Legal Certainty ◽  
New Paradigm ◽  
Conceptual Approach ◽  
Government Administration ◽  
The Supreme Court ◽  
Quality Of Governance ◽  
The Government ◽  
Clear Information ◽  
Administrative Justice

Administrative Court is a specialized court under the Supreme Court with a role to settle the administrative disputes included staffing disputes. The legitimation of Law No. 30 of 2104 concerning Government Administration has brought a new paradigm in the governance framework. Also, the competence of the Court is broader than before. In Addition, some regulations give more competence to the Court. It is normative juridical research. It uses statute, conceptual approach to observed, analyzed and discussion on the issues. This research is to develop the relations between the competence of the Court and administrative justice. Based on the research, broader competence gives more opportunity to get access to justice.In conclusion, administrative justice has some meanings; first, it is the rights of an individual. Therefore, the government has to provide detail, clear information for any individual before issuing a decree based on the application, rights to claims and revision for any mistakes. Second,  the defendant must obey and implement the judicial verdict. This obligation as an implementation of administrative justice and legal certainty for Plaintiff and obedience by the Defendant to the judge verdict. Third, administrative justice should be supported by the regulations by obeying the judge verdict. This is part of improving the quality of governance.

Jeffersonian and Jacksonian Democracy

2012 ◽  
Author(s):  
Justin Crowe
Keyword(s):  
Supreme Court ◽  
Institution Building ◽  
Judicial Reform ◽  
The West ◽  
Territorial Expansion ◽  
Federal Judiciary ◽  
The Supreme Court ◽  
History Of ◽  
Jacksonian Democracy ◽  
The Government

This chapter examines the reorganization of the federal judiciary from the beginning of Thomas Jefferson's second term as president in 1805 until just prior to the Compromise of 1850. During the first half of the nineteenth century, the government faced a new set of challenges, many of which were the result of the vast territorial expansion. Territorial expansion and the politics of statehood admission intertwined with judicial reform attempts focused primarily on arranging states in circuits and ensuring regional geographic representation on the Supreme Court. The chapter considers the four stages in which the history of judicial institution building unfolded in the eras of Jeffersonian and Jacksonian democracy: the Judiciary Act of 1807, the stalemate over the National Republicans' attempts to extend the circuit system to the West in the mid-1820s, the Whigs' failed consolidation plan of 1835, and the triumph of reform in the Judiciary Act of 1837.

History of the Comfort Women Movement

2020 ◽  
pp. 13-48
Author(s):  
Eika Tai
Keyword(s):  
Japanese Society ◽  
War Crimes ◽  
Public Attitude ◽  
Comfort Women ◽  
Sexual Slavery ◽  
History Of ◽  
The Government ◽  
International War ◽  
Sincere Apology ◽  
Historical Periods

I trace the history of the comfort women movement, describing what activists in Japan have done collectively for the movement’s major objectives, the Japanese government’s sincere apology and legal compensations. In doing so, I provide sociopolitical contexts for understanding the activist narratives, which are about what they have thought and felt personally. The activists have modified strategies according to the shifting positions of the government and the international community and the changing public attitude in Japanese society toward the issue. I discuss seven topics chronologically ordered with some overlaps in their historical periods: the rise of the movement; the spread of the movement; the Asian Women’s Fund; the Women’s International War Crimes Tribunal on Japan’s Military Sexual Slavery; lawsuits; legislative resolution; and fighting in isolated Japan.

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