What Legal Interest Is Protected by the Right of Collective Self-Defense? The Japanese Perspective

22 Pages Posted: 3 Dec 2016 Last revised: 19 Jan 2017

Date Written: May 7, 2016

Abstract

The 2015 Legislation for Peace and Security (the ‘Legislation’) introduces Japan’s exercise of the right of collective self-defense (the ‘Right’). This paper analyzes Japan’s interpretation of the Right and the traditional argument as regards the interest protected by the Right. The findings indicate that the Legislation bases the Right on the Defense-of-Another doctrine as the superordinate concept and on the Vital-Interest doctrine as the subordinate concept permitted under Japan’s Constitution. Arguably, the Legislation confuses the theories and places mutually exclusive doctrines in a subsumption relation. Alternatively, future analysis must revisit traditional discussions on the basis of state practices.

Keywords: Article 51 of the Charter of the United Nations, Constitution of Japan, Japan's Legislation for Peace and Security, Right of Collective Self-Defense, State Practice of Japan

Suggested Citation

Minai, Keisuke, What Legal Interest Is Protected by the Right of Collective Self-Defense? The Japanese Perspective (May 7, 2016). Willamette Journal of International Law and Dispute Resolution, Vol. 24, No. 1, 105-126 (2016), Available at SSRN: https://ssrn.com/abstract=2878417

Keisuke Minai (Contact Author)

Meijo University ( email )

Japan

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