Other Publications
The Temptation of Realism and the Melancholy of Liberalism: Questioning the Role of Nuclear Technology [in Japanese]
AbstractOn November 18, 2022, Asteion, a magazine that analyzes various issues around the world, released its latest issue, featuring the Russo-Ukrainian War, in which Professor Akiyama’s article was published. Following Russia's invasion of Ukraine, countless discussions about the use as well as the role of nuclear weapons unfolded. In his article, Professor Akiyama first provides a framework for considering the impact of possessing nuclear weapons in wartime, and based on this, he examines the utilization of nuclear power in Russia's invasion of Ukraine. The professor points out that Russia has repeatedly sent signals that made the US and Europe strongly aware of the presence of nuclear weapons, and argues that this signaling had, to some extent, deterred the US and Europe from taking action. At the same time, however, he explains that the "stability/instability paradox" created by Russia has also served as a deterrent to its own actions. The professor then describes the impact that the war in Ukraine has had on the nuclear arms control regime, and outlines the long-term consequences on the international order that the actions of both the United States and Russia have caused. One of these effects has been the preservation of a realist balance-of-power type order within the liberal international order. He also points out how relative the discussion of "justice" regarding nuclear weapons is, considering each country's stance towards the TPNW, and emphasizes that nuclear weapons are viewed with a "double standard." Finally, the professor argues that in addition to the U.S.-Russia conflict, tensions are also rising between the U.S. and China, and that as the impact of nuclear weapons escalates, rules should be provided to protect the competition and confrontation between the U.S., Russia, and China.
The Eligibility of Corporations to Serve as Directors (1) [in Japanese]
AbstractProfessor Taro Sakai’s (Professor of the Graduate School of Law, Hitotsubashi University; and researcher at the Institute for Global Governance Research) article was published in the July 2022 version of the Hitotsubashi Journal of Law and International Studies. The Japanese Companies Act does not allow corporations to become a board member (Section 331 subsection 1 item 1). This paper examines whether this rule can be theoretically justified. Moreover, this paper also analyses whether there is policy legitimacy or technical significance in a corporation becoming a director. This issue has long been discussed, but with the enactment of the Companies Act in 2005, the major structure of the regulation on which the discussion is based has changed significantly. This paper discusses the eligibility of a corporation to become a board member in terms of whether this change in the corporate regulations affects the rationale as illustrated in the previous discussions.
The Division over Liberalism and the Role of Japan [in Japanese]
AbstractThe December issue of Iwanami Shoten’s magazine “SEKAI”, published on November 8, 2022, featured an article by Professor Maiko Ichihara at the Hitotsubashi University Graduate School of Law. Using examples from Myanmar and Afghanistan, the professor first pointed out that there is an increasing trend of suppression of human rights around the world. One of the factors behind this is the use of social networking services (SNS), which she argued has increased the division and conflict among people. While there are concerns about this growing division in Japan as well, she explained that the Chinese government's war on speech has propelled this division, and warned that democracy is being endangered by the Chinese government and other authoritarian states in the modern era. The professor also discussed the need for public-private cooperations, such as the Sunnylands Initiative, to counter the erosion of democracy and liberalism, and to combat the suppression of speech in the Asian region.
Prime Minister Kishida’s “Ideal” and “Reality”: How should we think about a world without nuclear weapons? [in Japanese]
AbstractOn December 1, 2022, an article of an interview with Professor Nobumasa Akiyama, Dean of the School of International and Public Policy at Hitotsubashi University, was published in Asahi Shimbun's “Considering the Future of the Security Treaty” interview series. Professor Akiyama praised Prime Minister Kishida for attending the Nuclear Non-proliferation Treaty (NPT) Review Conference but noted that further contributions by Japan are necessary in the pursuit of nuclear disarmament. In particular, he discussed how Japan should act to achieve nuclear disarmament in the face of Russia's nuclear threat to Ukraine, which has made a “world without nuclear weapons” seemingly far off in the future. Furthermore, Professor Akiyama expressed his views on how to link the “ideal” of a nuclear-free world and the “reality” of a deteriorating security environment. He then proposed goals on nuclear issues that Japan should pursue in the international conferences to be held in the country in the future.
EU Return Directive: From Administrative Discretion to Rule of Law and Compliance with Individual Human Rights [In Japanese]
AbstractIn September 2022, the latest issue of the Review of European Law, edited by Professor Yumiko Nakanishi, was published and included an article on the EU Return Directive written by GGR Visiting Researsher Ikuko Sato. This article examines the issue of whether the EU Return Directive fills the legal ambiguity regarding the removal of third-country nationals who illegally settle in European countries, and whether the Directive brings about a shift from administrative discretion to the rule of law and humane removal. This article first explains the background and scope of the EU Return Directive, and then analyzes the interpretation of the Directive and humane return procedures on the legal basis of the EU Charter and the ECHR, with reference to the case law of the CJEU and the ECtHR. Such case law has clarified provisions that were unclear when the Directive was first adopted, acting as judicial review, and has led to appropriate administrative measures and progress in humane return, by setting forth procedural obligations regarding such as pre-removal detention. However, the professor indicates that, with regard to the non-refoulment principle, the Directive still lacks clarity, including its relationship to humanitarian grounds.
Asia Needs to Go for “Anti-Oppression” through Public-Private Cooperation [in Japanese]
AbstractAn article by GGR Researcher, Professor Maiko Ichihara of the Hitotsubashi University Graduate School of Law, appeared in the October 30, 2022 issue of the Shinano Mainichi Shimbun’s “Tashi-saisai” column. Professor Ichihara explained that governments need to promote anti-oppression efforts by cooperating with the private sector in response to the growing trend of suppression of speech in Asia. After the World War II, Asian governments had maintained relations with other countries based on the principle of non-interventionism, whereas today there are many civilian leaders who proactively oppose authoritarian governments. Taking the Sunnylands Initiative, which was held in Japan this year, as an example, Professor Ichihara pointed out that such public-private cooperations are essential in supporting those who are subjected to suppression of speech.
Field Research When There Is Limited Access to the Field: Lessons from Japan
AbstractOn August 11, 2022, Cambridge University Press published the August issue of PS: Political Science and Politics, which included an article co-authored by Assistant Professor Yujin Woo, a GGR Research Fellow and member of the Hitotsubashi University’s Graduate School of Law. The paper was co-authored by Professor Woo and 16 other doctoral students and professors with experience in conducting fieldwork in Japan. The article explores the question of how scholars can conduct field research when there is limited access to the field. It first identifies how limited and uncertain field access can affect field research and then provides recommendations to address these challenges. The authors focus on conducting field research in Japan due to their substantive expertise, but they state that the problems and solutions outlined in the article are applicable to a broad range of countries. The article’s main purpose is to contribute to the developing literature on conducting research during times of emergency and to the larger literature on best practices for field research.
Chile después de Xi (Chile after Xi) [In Spanish]
AbstractOn November 8, 2022, GGR Assistant Sascha Hannig Nuñez’s article was published in Diario Financiero, a Chilean newspaper partnered with the Financial Times. In this article, Ms. Hannig Nuñez highlights the issues related to the recent re-election of Xi Jinping, China’s leader, and warns of the consequences that the Chilean economy could experience. The former, as its allied country, China, becomes more authoritarian and unpredictable. Since Chile is economically dependent on China in terms of trade and financing, she argues that there is a need for the Chilean government to keep close tabs on China’s operations under the premise that what happens in Beijing could have profound repercussions in Chile.
Asahi World Forum 2022: We Can Make this World a Better Place [in Japanese]
AbstractProfessor Maiko Ichihara, GGR Researcher and member of the Graduate School of Law, participated in the “Asahi World Forum 2022,” which launched online on October 16, 2022. At the conference, Professor Ichihara mainly pointed out the changes in Asian democracies caused by the COVID-19 pandemic and the actions that Japan should take in the future. In a discussion with other speakers, she emphasized the increasing concentration of power in governments during the pandemic and the need to refer to history in order to overcome recent complex social situations. Finally, she stated that as new values emerge in the modern world, it is important for Japan to proactively promote democracy rather than to rely on allies such as the United States to do so. The article also includes other discussions from the Asahi World Forum 2022.
On the Recent Establishment Project of Mazu Temple in Ishigaki Island ― A history of topos and the feasibility of “holistic tourism”[in Japanese]
AbstractIn October 2022, the latest issue of the Journal of Holistic Sciences was published featuring an article by GGR Researcher, Professor Hideki Ishizuka of the Hitotsubashi University Graduate School of Law. Based on the professor’s field research, the article documents the recent plans to build a Mazu shrine on Ishigaki Island in Okinawa and discusses its historical background dating back several centuries. It also argues that the spiritual climate of Yaeyama is supported by an open maritime culture and, therefore, has a potential for holistic tourism.