Suchergebnisse

Japan effort made amendments to Article 9 of the constitution is strong enough to signal a change in perceptions and paradigms of the country in positioning itself and in seeing the outside world. If the amendments successful, it will change the architecture of Japan foreign policy which has been passive becoming more aggressive. It will impact to political constellation and polarization around. However, this paper wants to show Japan government domestically finds many obstacles. The obstacles center on a Japanese desire which not enthusiast to the amendment process in military issues and asked the leader of Japan to focus on humanity issues.

Introduction: the pursuit of legitimacy and military-society integration -- The Police Reserve Force and the U.S. Army -- Establishing the National Defense Academy and overcoming the past -- Becoming a "Beloved Self-Defense Force" in Hokkaido and beyond -- Public service/public relations during Anpo, the Olympics, and the Mishima Incident -- The return of the "Japanese Army" to Okinawa -- Epilogue: whither the SDF and the Cold War defense identity.

Self-defense is a universally accepted exception to the prohibition of the use of force in international law, and it has been subjected to careful academic scrutiny. The prohibition of the threat of force, although equally important in terms of its normative status to the prohibition on use, has attracted far less academic commentary to date. This Article examines the relationship between the two prohibitions--of the use and threat of force--and considers the largely unexplored possibility of states utilizing a threat of force as a means of lawful defensive response: self-defense in the form of a threat. The status of this concept under international law is assessed, and the criteria that may regulate it are analyzed. This Article is based on an analogy between traditional "forcible" self-defense and the notion of threats made in self-defense. However, one cannot automatically apply the well-established rules of self-defense to a defensive threat, largely because of the practical differences between a threatened response and a response involving actual force.

The purpose of this paper is to discuss the origins and evolution of Self-Defence Forces as an institution within the Japanese constitutional system. The analysis also aims to provide answers to the question of the compatibility of Jietai with the Japanese Constitution and its formal status. In order to address the research problem, we have decided to dedicate the first part to issues related to the constitutional principles of pacifism and anti-militarism. It is followed by the description of the process that led to the formation of Japanese Self-Defence Forces. We decided that the turning point of the analysis is the appointment of Liberal Democratic Party's leader, Abe Shinzo, as the 96th Prime Minister of Japan (December 26, 2012). The reforms undertaken by the politician resulted in a rapid change in the character of Self-Defence Forces, putting an end to the hitherto functioning model of Jietai.

Commonly, employing violent force and retaliation are conceived as irrational and uncivilized ways of human existence. Thus, they are considered morally wrong acts. But, under certain conditions, employing violent force and retaliation can be morally justifiable. In this Article, I tried to illustrate the moral justifiability of employing violence for the purpose of self-defence, freedom, equality, the balance of justice, and maximizing the benefits of the majority in number. By combining both moral and political theories, I attempted to analyze the moral acceptability of violent force and retaliation at the individual and community level; and in the arena of national and international politics. Even though many research works have been done in this area, no one tried to provide a comprehensive analysis of the moral justifiability of violence and retaliation. To fill this gap, I used liberal, Marxian, Retributive and utilitarian theories in combination. Thus, this Article is well organized and elaborated to provide an important background awareness and direction to other researchers on the need of using combined theories (moral and political) to fully conceptualize the moral goodness and natural ground of utilizing violent force and retaliation in certain political circumstances. DOI:10.5958/2347-6869.2018.00021.3