
Contents
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I. Introduction I. Introduction
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II. Process for Concluding Treaties and Other International Agreements II. Process for Concluding Treaties and Other International Agreements
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Responsibility for Managing Foreign Affairs Responsibility for Managing Foreign Affairs
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Examination by the Cabinet Legislation Bureau Examination by the Cabinet Legislation Bureau
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Cabinet Decision for Signing a Treaty Cabinet Decision for Signing a Treaty
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Signing Authority Signing Authority
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Treaty Approval Process in the Diet Treaty Approval Process in the Diet
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Cabinet Decision on Requesting the Diet Approval for Treaties Cabinet Decision on Requesting the Diet Approval for Treaties
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Prior Explanation to Ruling and Opposition Parties Prior Explanation to Ruling and Opposition Parties
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Diet Approval Process Diet Approval Process
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In Case of Different Decisions by the Two Legislative Houses In Case of Different Decisions by the Two Legislative Houses
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Application of the Thirty-Day Rule Application of the Thirty-Day Rule
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Report to the Diet on Administrative Arrangements Report to the Diet on Administrative Arrangements
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III. Domestic Legal Effect of Treaties and Other International Agreements III. Domestic Legal Effect of Treaties and Other International Agreements
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Bills for Implementation Bills for Implementation
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IV. Conclusion IV. Conclusion
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11 The Current Practice of Making and Applying International Agreements in Japan
Get accessTadaatsu Mori is currently Minister at the Embassy of Japan in the Republic of Belarus. Prior to that assignment, he was Director of the Treaties Division in Japan’s Ministry of Foreign Affairs (2015-2017). He has been a career diplomat since 1991 and has expertise in international law, trade affairs, Japan-U.S. economic relations, and Russian affairs. He served at the Embassy of Japan in Washington, D.C., as a counselor for economic affairs (2006–2008). He also served at the Embassy of Japan in Moscow three times throughout his diplomatic career, most recently as Political Minister (2012–2015). He was a CNAPS Visiting Fellow at the Brookings Institution in 2010, Professor at Kobe University’s Graduate School of International Cooperation Studies in 2011–2012, and Director of APEC Division in 2012. Mr. Mori conducted regional studies as a special student at the Russian Research Center, Harvard University (1993–94), and also studied at Moscow State Institute for International Relations (MGIMO) (1994–1995).
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Published:13 June 2019
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Abstract
This chapter describes the treaty-making practice in Japan, with a focus on explaining the mechanism for striking the balance between democratic control and effective management of foreign affairs. The chapter first outlines the structure of Japan’s Constitution regarding the responsibility for managing foreign affairs and the authority for concluding treaties and other international agreements. The chapter further introduces the process of concluding treaties step by step—from examination by the Cabinet Legislation Bureau to the Diet approval. The “Ohira Principles,” elaborated by Foreign Minister Masayoshi Ohira in 1974, specified three categories of treaties for the Diet approval. The chapter points out that the formula was extremely well crafted, although it has been challenged by the growing need for effective management over a wide range of issues in foreign affairs. In the course of discussion, the chapter takes up examples such as an Exchange of Notes of ODA projects, the 1997 “Guidelines for Japan-U.S. Defense Cooperation,” the Guam International Agreement, and the Japan-U.S. SOFA and Supplementary Agreement on the Environment, the Japan-U.S. ACSA. The chapter also describes how the current Diet approval process proceeds, by referring to existing practices such as the “thirty-day rule” and bundling of multiple treaties, and then briefly covers the domestic legal effect of treaties, including bills for implementing treaties as well as “self-executing” treaties. The chapter concludes that the Japanese treaty-making practice will continue to face a question of how to strike the right balance between producing necessary treaties and other international agreements in a timely manner while also maintaining a sufficient level of democratic control by the Diet.
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