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Research On The International Law Of Japan's Constitution Amendment After The War

Posted on:2019-12-30Degree:MasterType:Thesis
Country:ChinaCandidate:J T FanFull Text:PDF
GTID:2436330566490745Subject:Law
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After World War II,international law plays an increasingly important role in adjusting the relations between countries.Because international law embodies the most basic value pursuit of human being,it is universally recognized and observed by all countries in the world.Under normal circumstances,amending the constitution is the embodiment of a country's inherent rights and national legislative sovereignty,and other countries have no right to interfere.However,because Japan brought great disaster to Asian countries during World War II,the most severe punishment by the just international community after the defeat was embodied in the provisions of Japan's Peace Constitution.As a defeated nation,Japan should strictly abide by its constitutional obligations,especially Article 9.This obligation is a special limitation imposed by the international community on Japan through international law.Based on the status of "abnormal state",Japan should strictly fulfill its international obligations of demilitarization.However,Japan has always been vague on the question of the SelfDefense Force,trying to hide the illegality of the self-defense force,and by enacting the "New Security Act" to ban collective self-defense and normalize the overseas forces.The nature has obvious illegality.Japan ignored its obligations under international law and forced changes to the peace provisions of its constitution.Once Japan is successful,it will not only bring instability to world peace,but also affect the development of international law to some extent.The thesis is divided into four parts to analyze the relevant issues of international law related to the amendment of constitution in Japan after World War II.The first part provides a brief overview of the current constitution of Japan,namely,the background,the positive meaning and the limitations that exist in the Constitution of Peace;the second part expounds the conflict between Japan's constitutional amendment and the basic value of international law through the analysis of the basic value of international law and the main process of Japan's constitutional amendment;the third part from the perspective of international law,respectively from Japan's "abnormal state" of the status of subjects of international law,Japan's "New Security Act" and the legal nature of the Japanese Self-Defense Forces three aspects.It explains the specific international law issues involved in the process of amending the Constitution in Japan;the fourth part,by discussing the inevitability of Japan's constitutional amendment and its influence on all parties draws a conclusion that the traditional international dispute settlement mechanism has some shortcomings in dealing with the international disputes between Japan and other countries due to the revision of the "Peace Constitution".The paper puts forward the idea of solving this problem,and comments on the influence and thinking of Japan's constitutional amendment on the development of international law.It is hoped that the research in this paper can provide the corresponding international law basis for the settlement of similar international disputes in the international community.
Keywords/Search Tags:obligations of international law, legal responsibility, Peace Constitution, constitutional amendment, coping strategy
PDF Full Text Request
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