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Research On Japanís Ban On Collective Self-defense

Posted on:2017-03-31Degree:MasterType:Thesis
Country:ChinaCandidate:W J ZhuFull Text:PDF
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Article 51 of "United Nations Charter" stipulate self-defense and collective self-defense right beside the collective security system. Due to World War II, the Japanese Constitution in the provisions of Article IX of the Japanese exercise collective self-defense is limited, but by the Cold War, Japan-US alliance, the impact of right-wing forces in Japan, Japan has been an attempt to break the shackles of Article 9 and during the Abe regime successfully lifted collective self-defense. Although itís a procedural matter within the domestic jurisdiction that Japan liberates collective self-defense by amending the constitution interpretation, but modification is not unlimited. Moreover, Japanís lifting of the ban also violated relevant international law.Although Abeís government was opposed by opposition parties,the general public in Japan, the international community, including China, eventually be succeeded. Obviously,Japan will not stop at the lifting of banning collective self-defense,By reasoning the challenges of amending constitution explain to the Constitution of Japan and the violation in international law of Japanís ban on collective self-defense,to raise vigilance of Japan, the international community, including China.The article is not intended to address all issues of lifting in Japan.A series of the government of Japan explanation about collective self-defense after Word War II will be a starting point to discuss the conflicts about collective self-defense between the current Japanese government and the previous governments. Moreover,to demonstrate the behavior that Japan liberates collective self-defenses is in violation of the provisions of international law by logical reasoning.Beside the introduction and conclusion, this article is divided into four parts:The first part, activities of Japan liberates collective self-defenses.Firstly, introducing the background of formulating The Japanese Constitution and how to limit the right of collective self-defense, then introduced the formation process of the governmentís position during World War II between the 1970 s. Finally, Abe regimeís activitiesThe second part, the theory and practice related to collective self-defense in international law.The theory of collective self-defense includes the sources of collective self-defense,exploring about the nature of the collective self-defense, conditions for exercising collective self-defense in order to demonstrate the purpose of collective self-defense provisions of the Charter. Then the collective self-defense combined with regional organizations and United Nations to reflect the existence of collective self-defense mode in the practice part. Finally, investigating the situation associated with collective self-defense on international law.The third part, the legal issues on Japan liberating the collective self-defense.This part will be divided into two aspects, firstly, Japanís behavior on collective self-defense does not comply with the Domestic law.Abe governmentís interpretation of Article IX of the Constitution is conflict with constitutional interpretation rights and Peace Principle established by the Constitution of Japan.The international law issues. Abeís behavior on collective self-defense does not comply with the treatiesí provisions of Japanís sovereign restrictions after World War II; secondly, Japan Abe regime called "military exercise three conditions" does not substantially comply with the nature of collective self-defense.The fourth part, Chinaís position on collective self-defense and the response to Japanís behavior.Firstly, Chinaís response to the exercise of collective self-defense with the defective provision in The United Nations Charter,then the impact of Japanís liberating on collective self-defense in the Asia-Pacific region including China and the United States, and finally to clarify how dose China should deal with Japanís liberating collective self-defense issue.
Keywords/Search Tags:The United Nations Charter, Collective Self-defense, Sovereign Limitations
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