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

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