Font Size: a A A

Research On The Illegality Of Japan Lifted The Collective Self-defense

Posted on:2017-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:X W XieFull Text:PDF
GTID:2296330482998309Subject:legal
Abstract/Summary:PDF Full Text Request
Collective self-defense produced after World War II, the antifascist allies, in order to prevent the tragedy of World War Ⅱ to make the world toward peace and stability, in the "UN Charter" for the first time provisions. In the "UN Charter" collective self-defense as one of the exceptions to the principle prohibiting the use of force situation, originally as one right of all United Nations Member States, but Japan, as the country launched the Second World War, the fascist behavior to countries around the world and its people bring a profound disaster. But fascist alliance, in order to prevent a resurgence of Japanese militarism brought harm to the world, Japan’s sovereignty is limited, and this is supposed to be in Japan’s international obligations for their own acts of aggression. In the "Cairo Declaration" and the relevant provisions of the "Potsdam Proclamation", the Japanese finally worked out a "Constitution of Japan", the constitution because of its famous Article IX waiver provisions, also been called "peace constitution." Along with changes in the world situation, Japan is not according to the provisions of law-abiding towards the road of peaceful development and it has been in pursuit of military power of dreams. Since the Korean War, Japan took the first step in lifting the collective self-defense, and in July 1954 it established the Self-Defense Forces, with the change of attitude of the US, they signed the "Agreement of San Francisco," "Japan security treaty," and a series of treaties. US attempted to incorporate into their security system in Japan, Japan as it’s advantageous backing in Asia. In an attempt to amend the Constitution under Article IX hopeless premise, first of July 2014 Japan modified the interpretation of the Constitution, overhead pacifist constitution, in September 2015, in contrary to the will of the Japanese people forcibly premise by new security bill to finally ban collective self-defense, it has the power to re-outgoing soldiers. Firstly, Japan no collective self-defense is that it should bear the international responsibility;moreover, it’s the fundamental requirement of its own Constitution. Japan imposed the legal mode of supremacy of the Constitution, whether it is "the Charter", or to amend the Constitution as well as the development of new security bill, the Japanese are required to comply with the provisions of the Constitution, therefore, Japan without lifting collective self-defense is an offense, Japan can not really have a collective self-defense. Countries around the world should be through a variety of ways to cope with a ban on collective self-defence this illegal act, to prevent Japan’s excuse for their own interests to the exercise of collective self-defence external forcethreat to world peace and security.
Keywords/Search Tags:Collective Self-defense, The UN Charter, Japanese Constitution Illegality
PDF Full Text Request
Related items