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Dissertations / Theses on the topic 'Japanese Constitution'
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Williams, Noel Kevin. "The right to life under the Japanese constitution." Thesis, University of Oxford, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.332887.
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Samuelsson, Jacob. "Article 9 and the Japanese Constitution : How did Japan change its constitution without amending it?" Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-77593.
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The purpose of the essay is to evaluate how the early years of the post-war political system laid the foundation for the amendment process. This turned out to be because of early adoption of a policy direction coupled with institutional memory let these decisions cement themselves as the de facto policy for Japan. Using path dependency by Paul Pierson the reasons for this could be analyzed using four analytical pointers that could explain the normative growth of certain ideas. History is not a straight line and the early decision making have long term effects implying that current day political discourse can have its roots decades back in time. Japans political group chose stability over national pride. Article 9 wasn’t amended because the people did not want to jeopardize their ticket to peace and prosperity. Japan chose economic recovery over military buildup and practiced a policy of non-aggression and sealed themselves off under the US security umbrella. Conservative politicians have hollowed out Article 9 by expanding the military over time. The original reasoning for upholding Article 9 no longer stand and the reasons for not amending it, while still prevalent, do not exist anymore.
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Tollefson, Julie Jo. "Japan's Article 9 and Japanese Public Opinion: Implications for Japanese Defense Policy and Security in the Asia Pacific." Wright State University / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=wright1526812071227061.
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Spencer, Stephen C. "Japan's Push to Rearm: Neo-Militarism or Self-Preservation." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1118.
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This piece tries to determine whether or not Japan’s movement towards rearmament is indicative of a renewed militaristic sentiment or driven by the necessity of improving its defense in view of mounting threats from its age-old enemy, China. The goal of this work is to create a framework using both international events and domestic responses in which to ascertain whether or not the reformation of Article 9 is, in of itself, a reemergence of pre-war bushido/nationalist sentiment or a response to both outside and inside influences necessitating the need for a “normalized” state.
The work focuses on three distinct time periods – early 2000s, latter 2000s, and the 2010s – in which to highlight the initial development, progression, and foreseeable resolution to the Article 9 debate. These stages emphasize several elements persistent in Japan’s quest for a more normalized state, including: the hostile external environment created by the rise of foreign assertiveness, and internal domestic pressures (which to some extent are driven by external pressures) along with its own desire to seek a more normalized position in the international community as well as to gain an enhanced sense of national pride. Additionally a brief synopsis of both the foreign and domestic entities which have contributed to the Japanese reformation movement has been included for better foundational understanding of the question at hand.
In general, results suggested that, though there is some merit towards a reemergence of pre-WWII nationalistic sentiment (especially in the case of the Net Uyoku), the reformation of Article 9 is primarily driven in response to growing tensions – both within East Asia as well as world-wide – as well as a need to assert some semblance of nationalistic identity (an area seriously lacking in Japanese society). Results further implicate that, though the process of reforming Article 9 and thereby revising Japan’s anti-war policy may not be immediate, movement within the Japanese state towards constitutional reformation is indeed on the rise – rearmament being the primary target of said reforms.
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Inagamov, Behzod. "JAPANESE INTERNAL INFLUENCES ON FOREIGN POLICY AFTER THE WORLD WAR II." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-113620.
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This dissertation focuses on Japanese policy as a whole, internal and external policy priorities and objectives, in order to illustrate the role, and analyze the level of effectiveness of conducted foreign policy tools. This paper explores some of the reasons and factors of conducted internal and external policy tools. Therefore, it shows how effective and in timely manner reaction of Japanese to state's internal policy, has influenced and played a key role during the country recovery and restoration. Moreover, proper policy objectives not only have restored the country but also made Japan one of the most advanced world centers. Japan is in a number of the advanced countries of the world, participating in modern world political process which dynamics has the general laws and the tendencies of development connected with transformation of the Pacific Rim into the center of global activity of the leading countries of the world. Changes in global scale, aftermath of the World War II affect the significant characteristic of foreign policy, official and economic diplomacy of Japan towards peace and security advocating country.
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Fuwongcharoen, Puli. "Constitutions and legitimisation : the cases of Siam's permanent constitution and Japan's postwar constitution." Thesis, University of Cambridge, 2013. https://www.repository.cam.ac.uk/handle/1810/283934.
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Shu, Robert. "Japan's strategic future : coalition operations /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2004. http://library.nps.navy.mil/uhtbin/hyperion/04Mar%5FShu.pdf.
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Duke, Stephen E. "Japan's Constitution, prospects for change impact on U.S. presence in Japan /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2001. http://handle.dtic.mil/100.2/ADA392057.
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Thesis (M.A. in National Security Affairs) Naval Postgraduate School, June 2001.Thesis advisor(s): Olsen, Edward A. "June 2001." Includes bibliographical references (p. 89-92). Also Available online.
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Stavale, Giuseppe A. "The evolution of Japan's constitution and implications for U.S. forces on Okinawa." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2004. http://library.nps.navy.mil/uhtbin/hyperion/04Dec%5FStavale.pdf.
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Fraser, Nicholas A. R. "Constitutional oligarchy : the complex unity of the imperial Japanese state in the face of crisis." Thesis, University of British Columbia, 2009. http://hdl.handle.net/2429/15878.
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Under the Meiji Constitution, a political system designed to create an institutional framework that allowed for the sustained oligarchic rule of the Meiji Genrō, Japan experienced multiple crises generated by popular upheaval against the government during the interwar years. One was an economic crisis in 1918 triggered by Japan’s participation in the First World War which generated an unprecedented level of popular protests in the form of nation-wide riots and some strikes. Known as the Rice Riots, this crisis threatened to unleash a confrontation of the Meiji Genrō by political parties holding seats in the Diet who sought to establish party-led cabinets. A second crisis occurred in 1936 when 1400 soldiers of the Imperial Army stationed in Tokyo occupied government buildings and assassinated several high-ranking government officials in an attempt to set up a an all-military cabinet. While both party-politicians and military officers had further expanded their influence over the policy-process after these crises neither set of actors suspended, revised or replaced the Meiji Constitutional system. It is the purpose of this thesis to explore the reason why the Imperial Japanese polity was not structurally altered as a result of power change that accompanied the Rice Riots and the 1936 Incident. This essay makes two arguments about the Meiji Constitutional system’s sustainability during the prewar years. First, it argues that the Meiji Constitutional system due to institutional design and elite political culture functioned in practice as an oligarchic state. Second, it argues that the reason the Meiji Constitution was never revised, suspended or discarded during the course of regime change was because political parties and high ranking military officers ended up using the same strategies as the Meiji Genrō to successfully maneuver the institutional structure of the policy-process. Hence, in the process of learning how to master the institutional dynamics of the political system, they eventually overcame legislative deadlock and in the process stabilized the oligarchic state without having to reform it in order to expand their power within it.
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Numata, Yuki. "Why Foreign Policy Principles Persist: Understanding the Reinterpretations of Japan’s Article 9 and Switzerland’s Neutrality." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/pomona_theses/157.
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This study examines why Japan and Switzerland have chosen to keep the vocabulary of Article 9 and neutrality, respectively, and to reinterpret their definitions to suit their needs (policy reinterpretation), instead of simply abandoning the original policy and replacing it with a new, more suitably worded policy that clarifies the changing policy position of the government (policy abandonment). By analyzing the legal history of the overseas capabilities of the Japanese Self-Defense Forces and the Swiss Armed Forces, as well as the actions and influences of the government, political parties, and the public, this study finds the following trends. First, the government tends to refrain from policy abandonment either due to perceived public opposition or benefits in international negotiations. Second, party resistance is not an significantly influential factor in the choice of policy abandonment over policy reinterpretation. Finally, public opinion is influential, but self-contradictory; often supporting the change in policy (increased overseas capabilities of armed forces) but opposing the concept of policy abandonment due to high attachment to the respective policies of Article 9 and neutrality.
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胡樹東. "Study of ninth article of Japanese Constitution." Thesis, 1999. http://ndltd.ncl.edu.tw/handle/41914596395229075885.
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Su, Yung-Chen, and 蘇勇禎. "The study of Symbol Emperor System of Japanese Constitution." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/22290012772410124988.
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碩士淡江大學
日本研究所碩士在職專班
99
The Japanese monarchy has a long history that has both as a politic and a culture institution。Japanese monarchy is an assignment deserving of study。 Japan’s defeat in 1945 represented a critical turning point not only in the history of the nation but also in the history of the monarchy。 During the mid-term of the Meiji era，Sinto was reorganized into a state religion with the emperor as its high priest，The emperor was said to be a deity in human（arahitogami）。Emperor became deified。 On 1 January 1946，Emperor Shōwa (Hirohito) issued an 「Declaration of Humanity」（Nigen Sengen）in which the emperor denied his divinity。The Emperor became「the people’s emperor」instead of 「the Kami’s emperor」。 The Emperor of the Meiji Constitution enjoyed state sovereignty，the Japanese Constitution is premised on popular sovereignty，redefined the emperor as a symbol without having any “ power related to government”。The Emperor shall perform only such acts in matters of state as are provided for in the Japanese Constitution。The Emperor only has ceremonial、formally、symbolic functions. Based on the Japanese Constitution，this thesis explain the significance and the position of the Emperor as symbol of the state。In addition，this thesis discusses the Emperor’s acts in matters of state as prescribed in the Constitution； public acts；the Imperial Throne Inheritance，Imperial Family，Regency，the System of the Imperial House Economy in the Imperial Household Law。 The Japanese Constitution guarantees religious freedom，it strictly maintains the separation of church and state。This thesis discusses the unconstitutional issue of Daijousai（Great Food Offering）。 The stability of the Emperor as symbol of the state is an issue that affects the country’s very foundations。The prompt establishment of a system that will ensure the stability of the Emperor as symbol of the state into the future is therefore a crucial task that Japan cannot avoid。To revise the Emperor as symbol of the state in the Constitution needs to be implemented sooner。
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ZHONG, MEI-LAN, and 仲美藍. "The research in freedom of press under the Japanese constitution." Thesis, 1993. http://ndltd.ncl.edu.tw/handle/38444082758743634095.
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Liaw, Ching-Yuh, and 廖慶裕. "Article 31 [Due Process of Law] In The Japanese Constitution." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/67903890389589315044.
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碩士淡江大學
日本研究所
83
During the age of the autocracy , due to the administration system abused the criminal code to arrest,confine and torture illegally,that mad e inviolability of the person be violated unfair ly.With the result that [Article 18] of Japanese constitution says, " No person shall be held in bondage of anykind. Involuntary servitude , exce pt as punishment for crime, is prohibited." And [Article 31] of " Due Process of law " also prov isions, "No person shall be deprived of life or liberty ,nor shall any other criminal penalty be imposed ,except according to procedure establish ed by law." The original intention of above clauses is to prevent inviolability of the person from encr oaching of the public authority (especially in adminstration),also to emphasis procedure and ex plicit guarantee. Thus, the request of carrying out "Due Process of Law" needs to meet the princ ple of justice and righteousness,limit the proce dure of people''s rights and the duty of abligat ion which have to be enacted by Law , and claim the substantial content enacted to be fair and legitimacy.Such a delicate relationship between norms of procedure law and the inviliolability of the person for people is just the point of the thesis. There are seven chapters of the thesis as fo llows:◎ The first chapter is an introduction to resea rching range ,methods, and summary.◎ Second , to probe into the developing context of Inviolabilityof the person in Japan.◎ Third,to discuss the relationship between the due process of law and criminal procedure in the view of constitution.◎ Fourth & Fifth ,it''s further to complete all branches of theories on due process of law and the procedure and the guarantee of non-criminal procedure which are developing and changing at present.◎ Sixth,to debate the meneuver in a judicial pr ecedent.◎ Seventh, the conclusion of the thesis.
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Liu, Hui-Ling, and 劉慧玲. "The Research in Alien''s Human Rights -Reference to Japanese Constitution." Thesis, 1995. http://ndltd.ncl.edu.tw/handle/58790640584253910171.
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碩士淡江大學
日本研究所
84
A country''s trend of thoughts and level of legalprotection on human rights can be better realized by observing how it protects the rights of aliens residing within its,territory, and the more advancing the country, the higher the ratio the alien residents there is. In the past few years, our country has been trying to be internationalzed in every respects. And the economic development is accordingly very rapid and impressive. The number of aliens has increased tremendousiy after foreign labors were allowed to be imported since several years ago.For those aliens, the problem of human rights has been often ignored, and incidents against which have also frequently seen on media reports. In order to better handle the human-right problems of the aliens residing here in the future,the ways and methods of how our neighboring state,Japan, treats its domestic aliens and their consequences should be observed and studied. The aliens'' human-right problems were used to be governed by private internal or domestic laws. Due to the increasing importance and internationalization of the human-right protection,however, that issue today seems need to be raised to anothed dimension, i.e., the dimension of constitution and international laws. This thesis,therefore, by using the theories of constitutional protection on human right as well as relevant international legal rules, tries to study he scope and limitation on alien'' human-right protection under the Japanese Constitution, and whether in reality the protection rendered by Japan comples with the established legal principles. The main purposes of this thesis are trying to identify the issues of the problem as well as their proper solutions. The research methods em- ployed are historical method and documentation analysis. The thesis has five chapters, totaled eighty thousand Chinse Characters.
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Wu, Chen-Yen, and 吳俊彥. "The Study of the Restriction of fundamental human rights：Focused on Japanese constitution." Thesis, 2016. http://ndltd.ncl.edu.tw/handle/29b865.
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碩士淡江大學
亞洲研究所碩士班
104
Human rights protection is the core value of contemporary constitutionalism, thus concepts based on human rights protection should be the very fundamental of constitutional jurisprudence. This paper is to properly interpret human rights protection concepts as regarding Japanese Constitution as the study body. In Japanese Constitution, the Article 11 and Article 97 emphasize that "The fundamental human rights protected by this Constitution are the inviolable rights permanently" and, Article 12 and Article 13 illustrate that "who shall refrain from any abuse of these freedoms and rights and shall always be responsible for utilizing them for the public welfare.", "to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs" respectively. The Japanese constitutional jurisprudence academic, on the one hand, refers the rights protected by Japanese Constitution are "the natural rights" with permanent nature of inviolability. On the other hand, they believe fundamental human rights should be concurrent with the concepts of "public welfare". In case there would be conflicts between individual human rights should turn to comprehensive human rights system to coordinate the priority under different rights properties. It has been consensus that “public welfare” should not be referred to the restriction against citizen human rights. The Article 13 of Japanese Constitution that, “to the extent that it does not interfere with the public welfare, be the supreme consideration in legislation and in other governmental affairs”, should neither be interpreted as the general background to confine citizen human rights by any “legitimacy and governance”. From the viewpoint of citizen human rights protection, “public welfare” should be the required principal whenever the execution of governance from the public authority, as the result, once the governance would cause the restriction against citizen human rights, the public authority should be fully obligated for the reasonable explanation. By study of the human rights protection theory framework formed by the Japanese constitutional jurisprudence academic, especially on the theory of necessary restriction conditions, would be helpful to properly and comprehensively understand the whole theory system of human rights protection and related concepts.
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Luo, John-hua, and 羅忠華. "The Theories and Enforcements of Environmental Rights of Japanese Constitution-Taiwanese Environmental Rights." Thesis, 2006. http://ndltd.ncl.edu.tw/handle/58981779887099806082.
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碩士淡江大學
日本研究所碩士在職專班
94
Even though the concept of environmental rights merged as part of the human right innovated since 70’s in 20 century, several international environmental conferences instead are taking place like celebration activities in festivals. The ending of these meetings result only in minor constructive far less than the new product development of modern industrial appliances In Japan, the whole nation gradually learned the importance of healthy environments and thus established the country’s environment in satisfactory status around the world; that the Environmental Rights concept being formed and adequately promulgated in the national Law Systems counts the accelerator for healthy environment improvements and highly honored achievements. No matter what level of citizen, especially the human right lawyers, judges, congressman, expertise groups, scholars, teachers, officials and etc… Their endless efforts to create better tomorrow turn out to be the focus. In this paper, there are two important categories. First of all are the core statements on the formation, characters of environmental rights Japan and her constitution proceedings in Japanese Constitution Article 25 and Article 13, secondly are the references through some Japanese Environmental Cases study and Taiwan’s recent reports on environmental rights. Taiwan’s present environments face a lot of different phases of manufacturing and consumption factors and are getting worse by ignorance, manipulation plus erosion disasters. Taiwan’s government policy tends to set up goals for superior living environments, though. In fact, there are difficulties marching forward, the reason mainly result from the insufficient concept of environment rights, in addition to not executing every rules thoroughly. In this essay, we hope, by means of Japanese successful formation of Environmental Rights, to remind our people to conceive the rules and importance of environmental rights that we own. Further more. from the legitimate procedure to construct more optimum living condition for the people.
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Liao, Pei-Wen, and 廖珮妏. "Research on the National Referendum Act for the Amendment of the Japanese Constitution." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/36865463303560768378.
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碩士淡江大學
亞洲研究所碩士班
102
Article 96 of the Japanese Constitution is a clause in the National Constitution of Japan specifying the process for making amendments. After WWII, the Constitution of Japan has remained unchanged since taking effect on May 3, 1947. Until today, many politicians are not only calling for a revision of Article 96 so that they can begin revising other, more central Articles (for example, like Article 9, which is the ultimate aim of the Liberal Democratic Party), but also opening the door through which Japan can step as a “normal country” into the future. It is the first time the Lower House Commission on the Constitution has weighed changes to Article 96 since its inception in 2007. The LDP argues the two-thirds majority required in both chambers of the Diet to launch a national referendum, as called for by Article 96, has hampered revision since its promulgation in 1946. In the referendum, only a simple majority is needed to amend the Constitution in the current system. While some parties agree the Constitution should be revised from time to time to reflect societal changes, the Democratic Party of Japan criticized the LDP for focusing on the procedural steps for revision without considering what shape a new Constitution would ultimately take. Article 96 reads in English (the original language of composition) as follows: Article 96. Amendments to this Constitution shall be initiated by the Diet, through a concurring vote of two-thirds or more of all members of each House and shall thereupon be submitted to the people for ratification, which shall require the affirmative vote of a majority of all votes cast thereon, at a special referendum or at such election as the Diet shall specify. Amendments when so ratified shall immediately be promulgated by the Emperor in the name off the people, as an integral part of this Constitution. Japan has never held a national referendum on energy policy or any other specific issue. Due to these reasons above all, in this essay, what the author is trying to generally concern about is the enactment of the National Referendum Law for the Amendment of the Japanese Constitution.
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Koutník, Vojtěch. "Poválečná japonská ústava jako ukázka formy americké okupace." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-310388.
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The postwar Constitution of Japan is one of the foremost legacies of american occupation. The aim of this study is to describe the circumstances of its creation, to evaluate the roles and motivations of the parties and individuals concerned, and to answer the following question: To what extent was the constitution imposed on Japan and to what extent was its contents a compromise? The study tries to emphasize the role of interaction between the GHQ and the japanese government prior to the presentation of the draft to the Imperial Diet. The focus is put on the analysis of the events of March 4th and 5th, during which the american and the japanese visions of postwar Japan clashed most dramatically.
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Cheng, Su-Hsing, and 鄭素杏. "Research on the Contention of Ninth Article of Japanese Constitution —Focus on the Contention of the Legal Principle —." Thesis, 2005. http://ndltd.ncl.edu.tw/handle/77124651493695504145.
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碩士淡江大學
日本研究所碩士班
93
Pacifism is the trend of world development, it states clearly in the Ninth Article of Japanese Constitution：「Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of the state will not be recognized.」 which illustrate perfectly. But following with Korea War, Japan rearmed again, and it conflicts with what absolute Pacifism Japanese government takes in 1947 of performing Constitution of Japan: To give up every military forces of war, war power and war declare power as well as self-defense war. Existence of self-defense troops and US-Japan Defense System, is the contention of Ninth Article of Japanese Constitution for quite a long time. Though self-defense troops of Japan is not named as army, but the whole military structure and equipment could regard as the Armed-forces of Japan, this fact obvious against the second clause of the Ninth Article of Japanese Constitution – Do not keep any Armed–forces and other military forces. The stationed US-army stay according US-Japan Defense System, and the fact of all military supplies & facilities supported by Japanese government according to US-Japan Defense System, also against the Ninth Article of Japanese Constitution. Following the improving forces of self-defense troops and firmly of US-Japan Defense System, Japan becomes one of the powerful military countries in nowdays. Between actual politics and conflicts of against the Ninth Article of Japanese Constitution, how to solve or compromise becomes constant contentions in internal Japan. This thesis is focus on the contention of the legal principle as research object. Over half century, the meaning of peace in the Ninth Article of Japanese Constitution, is bonded by clause explanation and how avoid actual clashes. How to solve the contention of the Ninth Article of Japanese Constitution, to amend the Ninth Article of Japanese Constitution to allow to keep the military forces of self-defense should be workable. In now and the future of Japan, to be more active performance to show world peace, to gain wide friendship from other countries, to acquire certain support internationally, all leads to the first priority to do so.
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Huang, Chao-Huang, and 黃朝煌. "The History and Architectural Constitution of Otani Kozui’s Shoyoen in Kaohsiung City in the late period of Japanese governance." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/34308325726986259380.
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碩士國立高雄大學
都市發展與建築研究所
97
The master of Nishi Hongan-ji Temple——Kyonyo(Earl Otani Kozui) settled down in Kaohsiung in 1940. Otani Kozui built a delicate villa in TAIKŌHO and named as Shoyoen which meant living in pastoral landscape in after years. Since the end of World War II and the fall back of Japanese forces; the Shoyoen was transferred and transformed to military dependent’s village. Otani Kozui was nevertheless in the outstanding positions in both society and international status in Japanese colonial period ,therefore the research found there was a great gap between the Otani Kozui’s outstanding positions and the downfall of Shoyoen.The research aimed to help people to understand the cultural villa with Otani Kozui’s constitution skills by making a comparison between the origins of Shoyoen and its architecture constitution. The research consisted of two parts: “history research“ and “architectural research”.The “history research” aimed to having a discussion between the development of Nishi Hongan-ji Temple and the international events，business investment those were involved with Otani Kozui under the background of modern history to explore the emergence of various reasons during the blooming period of Shoyoen. The “architectural research“ aimed to find the evidences from the various occurred questions during the investigations of Shoyoen history research and the report of “New Taiwan Daily News” and then to discuss how Otani Kozui’s thoughts and behaviours affected the design of the villa.The research helped people to understand the purpose and the use of Shoyoen. Furthermore, the research deduced the relations between architecture and landscape of the villa.
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Hsu, Wei-Te, and 許偉德. "The study of the Japan Nationality detached issues - Also on discussion of Japanese Constitution and the San Francisco Peace Treaty." Thesis, 2011. http://ndltd.ncl.edu.tw/handle/40026075778077791340.
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碩士淡江大學
亞洲研究所碩士在職專班
99
International law is founded on a principle that demands that each individual is of a specific citizenship of whichever state. Citizenship concerns the issues of sovereignty, and protection amongst states and individuals. Given the increasing contact across the Taiwan Strait, it seems that the observance of the current status quo of “no (re)unification and no independence” actually insinuates temporary de jure non-unified and de facto independent status. The cross-Strait issues will eventually reach clear-cut solutions, leaving the island-state’s population in Taiwan faced with the dilemma of nationality in terms of whether the two parties will be unified as a federation or confederation, or simply end up as different states. The Treaty of Shimonoseki signed by the Qing Dynasty and the Empire of Japan, for instance, dictated that the local residents of Taiwan may alter their citizenship within two years if they opt to abandon Japanese citizenship and leave Taiwan with their assets by the designated period, or otherwise they will be treated as Japanese citizens. It seems that the Taiwanese will come across the same choices of whether to keep or abandon their original citizenship. Article 22-2 of the Constitution of Japan mandates that “freedom of all persons to move to a foreign country and to divest themselves of their nationality shall be inviolate,” which provides a legal ground of reference and paves a way for further deliberation on the subject matter.
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Lee, Seung Hyok. "Missiles, Abductions, and Sanctions: Societal Influences on Japanese Policy Toward North Korea, 1998-2006." Thesis, 2011. http://hdl.handle.net/1807/29657.
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North Korea twice conducted ballistic missile tests close to Japan in 1998 and 2006. While Japan responded with non-coercive condemnations to demonstrate its disapproval in 1998, it imposed unilateral economic sanctions in 2006, marking the first instance in post-World War II of applying a substantial coercion to punish a neighbouring state. The research asks why Japanese policy toward the North shifted for a seemingly identical type of provocation.
The dissertation seeks contextual explanations by using inductive process-tracing, a type of ‘middle approach’ between historical narratives and parsimonious theories. It is applied to highlight the underlying mechanism through which public discursive changes concerning national security and North Korea during this eight-year period influenced the subsequent policy shift in 2006.
The dissertation concludes that the unilateral sanctions were not necessarily a calculated strategic response to punish the missile launch (or North Korean nuclear programs) per se, but were a direct consequence of a deeper shift in societal discourse taking place beforehand. During the eight-year period, there had been other visible provocations and shocks originating from the North, especially the sensational revelation in 2002 of past North Korean abductions of Japanese citizens. These highly-publicized incidents facilitated the Japanese public to be increasingly conscious about Japan’s security weaknesses and re-evaluate its historical relations with its neighbour, leading to a hardened domestic environment in which the new idea of pressuring the North became a feasible option even before 2006.
These North Korean provocations and the resulting societal security discourse, along with concurrent structural changes in the Japanese government and mass media which made them both highly susceptible to discursive currents among citizens, mutually interacted to produce the policy result when the opportunity arose.
The research, however, also challenges the popular view that the sanctions are the first example of the wholesale transformation of Japan’s post-war ‘pacifist’ security principles. It argues that the confined means (economic) by which the sanctions were imposed reflects the highly nuanced discourse, which endorses Japan’s legitimate right to specifically punish the North for the harms done, but that the societal momentum is not equally supportive of the more controversial areas concerning military usage and the current constitution.
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Koža, Michal. "Transformace japonských jednotek sebeobrany (džieitai) na prahu 21. století." Master's thesis, 2011. http://www.nusl.cz/ntk/nusl-313509.
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This thesis focuses on the analysis of the proces of the creation and gradual transformation of japanese self-defense forces until the treshold of 21th century. Using few selected international relations theories and historical background, it explains the development of these forces, their growth and the issue concerning the existence, legitimity, geopolitical support and constitutionality. In the final part I am describing the public opinion influenced by the gradual changes of these forces. The result is a compact perspective, 60 years of existence of Japanese Self-Defence Forces, focused on their gradal change in time.
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LI, JIN-QUE, and 李錦雀. "The study forthe right of privacy under the Japaness constitution." Thesis, 1993. http://ndltd.ncl.edu.tw/handle/11460435612202105084.
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Takae, Toshiyuki. "A constitutive approach for social inquiry elucidating Japanese state behavior on "arms" export controls /." 2005. http://purl.galileo.usg.edu/uga%5Fetd/takae%5Ftoshiyuki%5F200508%5Fma.
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Lage, Paulo António Teixeira. "A reforma do Conselho de Segurança das Nações Unidas e o renascimento do Japão no séc. XXI." Master's thesis, 2019. http://hdl.handle.net/10362/77145.
Full textAbstract:
In the dissertation we will begin by addressing the historical context that led to the creation of the United Nations (ONU). Within the framework of this organization, the Security Council stands out from the other organs as the executive branch of the UN, where over the last seven decades numerous resolutions and interventions emerged that have enabled humanity to benefit from the longest period of peace in recorded history. There have been, however, mostly since the nineties, many calls for its reform, hence we will explore the main proposals that seek to change the composition and functioning of this executive body, nowadays if it considers outdated in the geopolitical reality. This reform has many supporters and as such many plans have come up over the years for its implementation. The G4 proposal seems to be distinguished from the rest by being represented by four of the world's most powerful powers, seeking to rival the foundations of Permanent Five (P5) in the Security Council. From the G4 countries, Japan will be the focus of our analysis, seeking to evaluate the potential success of its candidacy, equally on the basis of the renewal of the promise to reform the stagnant economy of the country, the increase of Japanese presence in the international policy issues and the revision of Article 9 of the Constitution of Japan, which will allow it to remain a pacifist state, but also turn the country into an unquestionable proactive presence on the core security issues of the 21st Century International System.Na dissertação começaremos por abordar o contexto histórico que levou à criação da Organização das Nações Unidas (ONU). No âmbito desta organização, o Conselho de Segurança destaca-se perante os outros órgãos pela sua capacidade de impacto imediato no Sistema Internacional, sendo este o ramo executivo da ONU, onde ao longo das últimas sete décadas surgiram inúmeras resoluções e intervenções que permitiram à humanidade beneficiar do maior período de paz a nível global de que há registo. É, no entanto, sobretudo desde a década de noventa do século passado, pedida a sua reforma, pelo que iremos explorar as principais propostas que visam a alteração à composição e funcionamento deste órgão executivo, por hoje em dia se considerar desatualizado perante a realidade geopolítica. Essa reforma tem muitos apoiantes e, como tal, muitos planos surgiram ao longo dos anos para a sua execução. A proposta do Grupo dos Quatro (G4) distingue-se das restantes por este ser representado por quatro das mais poderosas potências mundiais, procurando rivalizar a cimentação dos Permanent Five (P5) no Conselho de Segurança. Dos Estados que compõem o G4, será o Japão o país central na análise, na qual procuraremos avaliar o potencial de sucesso da sua candidatura, igualmente com base na renovação da promessa de reforma da economia estagnada do país, da presença japonesa nos assuntos de política internacional e da revisão do Artigo 9º da Constituição do Japão, medidas e ambições do Primeiro Ministro Shinzo Abe desde o início do XXI.