Self-defense against the use of force in international law
In: Developments in international law 23
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In: Developments in international law 23
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.
BASE
In: The Jerusalem journal of international relations, Band 13, Heft 2, S. 1-14
ISSN: 0363-2865
World Affairs Online
In: Korean Journal of International Relations, Band 37, Heft 3, S. 199-226
ISSN: 2713-6868
World Affairs Online
In: WHAT IS WAR? AN INVESTIGATION IN THE WAKE OF 9/11, pp. 91-102, Mary Ellen O'Connell, ed., Koninkklijke Brill NV, 2011
SSRN
In: U.S. news & world report, Band 67, S. 91-94
ISSN: 0041-5537
In: Archiv des Völkerrechts: AVR, Band 35, Heft 4, S. 510
ISSN: 0003-892X
In: American journal of international law, Band 91, Heft 4, S. 757
ISSN: 0002-9300
In: National defense, Band 88, Heft 597, S. 18-20
ISSN: 0092-1491
In: Studies of the Weatherhead East Asian Institute, Columbia University
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.
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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.
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World Affairs Online
In: Philosophy & public affairs, Band 20, Heft 4, S. 283
ISSN: 0048-3915