Emergence of the Right to Live in Peace in Japan

Hamilton, Hudson
June 2010
Australian Journal of Asian Law;Jun2010, Vol. 12 Issue 1, p35
Academic Journal
The Constitution of Japan enshrines pacifism in two provisions: the Preamble, which recognises the right of all peoples to live in peace, and art 9, which renounces war and prohibits the maintenance of war potential. As sweeping as these provisions appear, the Supreme Court of Japan has largely undermined their legal effect. On 17 April 2008 the Nagoya High Court breathed new life into the pacifism of the Constitution when it found a violation of art 9 in the deployment of Japan's Self-Defense Forces to Iraq, and further held that the right to live in peace is enforceable in certain situations. Less than a year later, the Okayama District Court followed the Nagoya High Court in recognising the right to live in peace, and provided more detail about the right's substance. Although both cases were ultimately dismissed for lack of standing, their recognition of the right to live in peace is a significant development in art 9 litigation. As recognised by the Nagoya and Okayama courts, the right to live in peace can function as a means to enforce art 9.


Related Articles

  • Pathways. Flynn, Charles A. // Military Review;Nov/Dec2016, Vol. 96 Issue 6, p107 

    The author presents a personal narrative of his experiences while serving in the U.S. Army Pacific (USARPAC) and mentions topics such as military deployment, military readiness and military leadership.

  • Russia to shift strategic submarines to the Pacific.  // East-Asia-Intel Reports;4/18/2007, p8 

    The article reports on Russia's deployment of strategic submarines to the Pacific Fleet in 2010. The missile submarines are part of Russian efforts to shift forces to the Pacific. The deployment announcement comes as China and Russia are developing closer military relations in the Pacific, a...

  • Two Decades Late. KAGAN, FREDERICK W. // National Review;6/16/2008, Vol. 60 Issue 11, p36 

    The author reflects on the large numbers of U.S. military troops that have been deployed as a part of the War on Terror. He suggests that U.S. military policy makers view the current level of deployment as an aberration because the military system they are involved in is not designed to support...

  • Japan to stage counter maritime exercise coinciding with the China-Russian naval drill.  // East-Asia-Intel Reports;5/14/2014, p6 

    The article offers information on the multi-service maritime drill to be conducted by Self Defense Forces in Japan on May 20 2014, intended to practice long-distance expeditionary operations for defense officials.

  • LEBANON-SYRIA.  // Middle East Reporter (Daily Edition);5/3/2011, Vol. 198 Issue 5084, p15 

    The article reports on the decreasing number of Syrians seeking refuge in Lebanon after Syrian troops were redeployed along the Syrian-Lebanese border.

  • 'Stories of our boys', but for whom? The Japanese media's coverage of the SDF in Iraq. Sakai, Keiko // International Journal of Contemporary Iraqi Studies;2007, Vol. 1 Issue 3, p349 

    The dispatch of the Japanese Self Defence Forces (SDF) to Iraq following the US invasion was a watershed in the transformation of Japan's defence and security policy, from its traditional pacifist policy toward deeper involvement in international security issues. The Japanese media covered the...

  • Xinhua: Who Really Wants to Make Trouble on the Korean Peninsula?  // Chinascope;May/Jun2013, Issue 63, p31 

    The article reports that the U.S. wants North Korea to get into trouble by issuing threats, conducting combat deployment, and preparing for war.

  • GAZA-AID CONVOYS.  // Middle East Reporter (Daily Edition);8/6/2010, Vol. 191 Issue 4911, p13 

    The article reports on the deployment of an aided convoy by the organizers of the Freedom Flotilla, which is scheduled at the end of 2010 after its first attempt to penetrate Israeli blockade on the territory to the Gaza Strip.

  • More student protests, security clamp down in Qinghai.  // Tibetan Review: The Monthly Magazine on all Aspects of Tibet;Dec2010, Vol. 45 Issue 12, p4 

    The article reports on the deployment of police and plainclothes security officials at the different stations surrounding the Tibetan areas of Qinghai Province, China, wherein students reports had been active against the imposition of Chinese medium teaching and learning.


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics