Reconstituting Japanese Law: International Norms and Domestic Litigation

41 Pages Posted: 24 Aug 2010  

Timothy Webster

Case Western Reserve University School of Law

Date Written: August 24, 2008

Abstract

This paper examines a number of lawsuits challenging racial discrimination in Japan’s private sector. Since Japan does not have a law banning private acts of racial discrimination, victims of racial discrimination invoke international human rights law to buttress their claims for compensation. I argue that Japanese judges are, by and large, receptive to these international law claims, but that the system for adjudicating racial discrimination disputes is inadequate. Specifically, a law that bans private acts of racial discrimination would put Japan in line with recently emergent global norms of equality.

Keywords: human rights, racial discrimination, ethnic others, international law, domestic application

Suggested Citation

Webster, Timothy, Reconstituting Japanese Law: International Norms and Domestic Litigation (August 24, 2008). Michigan Journal of International Law, Vol. 30, No. 211, 2008. Available at SSRN: https://ssrn.com/abstract=1664639

Timothy Webster (Contact Author)

Case Western Reserve University School of Law ( email )

11075 East Boulevard
Cleveland, OH 44106-7148
United States

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